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Supreme Court Justice Samuel Alito called for a response from New Jersey officials after a church and synagogue asked the court to intervene in their lawsuit, alleging the state unevenly enforces restrictions from COVID-19 to religious activities.
State officials are to respond by 6 p.m. ET on December 3, at which time places of worship calling the appeal will have an opportunity to respond.
A court order could then be made, possibly by the end of next week. Geography-based Alito can act on the app himself or ask his colleagues to weigh in.
Places of worship filed for an emergency injunction after a lower court rejected attempts to file an injunction.
NEW JERSEY CHURCH AND SYNAGOGUE ASK SUPREME COURT TO LIFT COVID RESTRICTIONS ON GATHERINGS
Rabbi Yisrael A. Knopfler and Fr. Kevin Robinson of St. Anthony’s Church in Padua filed their case earlier this year, sparking a series of court battles.
“The First Amendment protects the religious exercise of discriminatory value judgments by public authorities in the exercise of ’emergency powers’,” the request read. “More than eight months into the COVID-19 era, however, religious gatherings in New Jersey (and several other states) are still treated unevenly compared to many comparable secular activities.”
The complaint also specifically targets the state’s mask mandate, claiming that it violates constitutional protection for the free exercise of religion.
The emergency request came as Democratic Gov. Phil Murphy signed an executive order extending the state’s public health emergency, saying he “will need the capacity to do so as we fight this virus in through the second wave that enveloped our nation and our state “.
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Murphy’s Decree of November 16 lowers indoor and outdoor gathering limits to 10 and 150 people respectively. For weddings, funerals, memorial services, and religious and political activities, it has maintained a 25% capacity limit for the hall where the gathering takes place.
Fox News’ Bill Mears and Sam Dorman contributed to this report.
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