Our local diocese hasn’t made any announcement yet. Wonder if they’re going to stay open and dare the state to enforce?
As to religious schools, the new order would infringe upon religious assembly and expression. Which is protected by the First Amendment, and therefore a fundamental right. Fundamental rights can only be infringed upon by the govt when there is a “compelling state interest.” And even then, the infringement must be “narrowly tailored” to achieve the government’s objective in the least restrictive manner possible. (That’s actually the law - not my opinion.)
I’ll grant, for the sake of argument, that the state govt has a compelling state interest in controlling the virus. But where they will lose, as applied to religious schools, is the “narrowly tailored” part of the test. Simply put, when you can still go to bowling alleys, liquor stores, vape shops, college basketball games, tattoo parlors...but not a religious school...well, let’s just say the govt fails that test. That is not a “narrowly tailored” restriction, and that is a slam dunk from a constitutional law standpoint.
I hope some religious schools (and for selfish reasons, the diocese where my kids go to school) challenge this most recent order on this basis.