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As coronavirus cases rise again across the country, SCOTUS on Wednesday night banned New York from enforcing certain church and synagogue attendance limits in areas designated as hard hit by the virus.
The judges split 5-4 with new judge Amy Coney Barrett in the majority. It was the Conservatives’ first publicly discernible vote as a judge. The three liberal justices of the court and Chief Justice John Roberts dissented.
The move was a change for the court. Earlier this year, when Barrett’s liberal predecessor Judge Ruth Bader Ginsburg was still in court, judges split 5-4 to leave in place pandemic capacity restrictions affecting churches in California and the United States. Nevada.
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Cuomo said SCOTUS released a policy decision that “has no practical impact” because religious institutions that have sued are no longer under restrictions.
“The decision is not final in the first place,” Cuomo said. “It goes back to the Circuit’s Second Court of Appeals, so it’s not even a final court decision.”
Instead, he said the conservative majority in the courts took the opportunity to make an ideological point.
“You have a different tribunal,” the governor said. “And I think that was the statement the court was making.”
Cuomo added that he “fully respects religion,” but wants to make sure people are safe, especially during the holiday season.
The impact of the court’s action is also discussed because Catholic and Orthodox Jewish groups that have filed suit to challenge the restrictions are no longer subject to it.
“The lawsuit was about the Brooklyn area,” Cuomo said. “The Brooklyn area no longer exists as a red zone. This is discussed, so this restriction is not in effect. That is why the whole matter was moot. because we changed that zone designation last week or the week before. So this situation does not exist because these restrictions have disappeared. “
The Diocese of Brooklyn and Agudath Israel of America have churches and synagogues in areas of Brooklyn and Queens previously designated as red and orange areas. In these red and orange zones, the state had capped attendance at places of worship at 10 and 25 people, respectively. But these particular areas are now designated as yellow areas with less restrictive rules neither of the contested groups.
Judges acted urgently, temporarily preventing New York from enforcing restrictions against the groups while their lawsuits continue. In an unsigned opinion, the court said the restrictions “isolate places of worship for particularly harsh treatment.”
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“The members of this Court are not experts in public health, and we must respect the judgment of those with special expertise and responsibility in this area. But even in the event of a pandemic, the Constitution cannot be abandoned and forgotten. The restrictions at issue here, by effectively preventing many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious freedom, ”the opinion said.
The notice notes that in the red zones, while a synagogue or a church cannot accommodate more than 10 people, businesses deemed “essential”, from grocery stores to pet stores, can remain open without limit of capacity. And in the orange zones, with synagogues and churches capped at 25 people, “even non-essential businesses can decide for themselves how many people to admit.”
Roberts, a dissenter, wrote that there was “just no need” for the court’s action. “None of the places of worship identified in the nominations are now subject to fixed number restrictions,” he said, adding that the 10 and 25-person caps in New York “seem unduly restrictive.”
“The governor could reinstate the restrictions. But he also might not. And it’s important to override decisions made by public health officials about what is needed for public safety amid a deadly pandemic “, he wrote.
Roberts and four other judges wrote separately to explain their views. Barrett did not.
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The court action was a victory for the Roman Catholic Church and Orthodox Jewish synagogues who had filed a lawsuit to challenge state restrictions announced by Governor Andrew Cuomo on October 6.
The Brooklyn Diocese, which covers Brooklyn and Queens, argued that places of worship were unfairly singled out by the governor’s decree. The diocese argued that it had previously operated safely by capping attendance at 25% of a building’s capacity and taking other measures. Parts of Brooklyn and Queens are now in yellow zones where attendance at places of worship is capped at 50% of a building’s capacity, but the church is keeping attendance lower.
“We are extremely grateful that the Supreme Court has acted so quickly and decisively to protect one of our most fundamental constitutional rights – the free exercise of religion,” said Randy Mastro, lawyer for the diocese, in a statement. .
Cardinal Timothy Dolan, Archbishop of New York, tweeted: “I want to congratulate @BpDiMarzio and the @BrooklynDiocese on their victory for religious freedom at the United States Supreme Court. Our churches are essential. As long as we have been and will continue to adhere to all security protocols to protect our communities, it is also important to protect this fundamental constitutional right, religious freedom. “
Avi Schick, an attorney for Agudath Israel of America, wrote in an email: “This is a historic victory. This historic decision will ensure that religious practices and religious institutions are protected from government decrees that do not address religion with the respect required by the Constitution. “
Two lower courts sided with New York in allowing the restrictions to remain in place. New York had argued that religious gatherings were treated less restrictively than secular gatherings which carried the same risk of infection, such as concerts and theatrical performances. An email sent early Thursday by the Associated Press to the governor’s office requesting comment was not immediately returned.
There are currently several areas in New York City designated as orange areas, but no red areas, according to a state website that tracks areas designated as hot spots.
The Associated Press contributed to this report.
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