Supreme Court Blocks Gov. Cuomo Covid Limits on NY Houses of Worship
On the night before Thanksgiving, the Supreme Court blocked New York Governor Andrew Cuomo from enforcing limits on attendance at religious services.
On November 25, just before midnight the night before Thanksgiving, the U.S. Supreme Court in a split 5-4 vote blocked New York Governor Andrew Cuomo from reimposing strict capacity limits on houses of worship in the New York City area.
Cuomo’s capacity limits were set at 10 people for houses of worship in “red zones”.
The ruling addressed two cases because they “present the same issue” and as such “this opinion addresses both cases”.
“This emergency application and another, Agudath Israel of America, et al. v. Cuomo, No. 20A90, present the same issue, and this opinion addresses both cases.”
“Both applications seek relief from an Executive Order issued by the Governor of New York that imposes very severe restrictions on attendance at religious services in areas classified as “red” or “orange” zones. In red zones, no more than 10 persons may attend each religious service, and in orange zones, attendance is capped at 25.”
The opinion adds, “The applicants have made a strong showing that the challenged restrictions violate “the minimum requirement of neutrality” to religion.”
“the regulations cannot be viewed as neutral because they single out houses of worship for especially harsh treatment.”
The court opinion also stated that “the challenged restrictions, if enforced, will cause irreparable harm” due to the “loss of First Amendment freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury.”
In the section of ‘public interest’, the Court said “it has not been shown that granting the applications will harm the public.”
Continuing, “As noted, the State has not claimed that attendance at the applicants’ services has resulted in the spread of the disease. And the State has not shown that public health would be imperiled if less restrictive measures were imposed.”
The Court did note that they “are not public health experts” and they “respect the judgement of those with special expertise” in that area, but that “even in a pandemic, the Constitution cannot be put away and forgotten.”
“The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty.”
Because such restrictions would impact the “First Amendment’s guarantee of religious liberty”, the Court says “Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure.”
In the 5-4 vote, the newest addition to the Court, Amy Coney Barrett, played a decisive role in the decision made on November 25. ACB joined the conservative wing in the majority.
Chief Justice Roberts dissented and joined the liberal wing of the court in the dissenting opinion. Roberts stated that “Numerical capacity limits of 10 and 25 people, depending on the applicable zone, do seem unduly restrictive,”
However, “It is not necessary, however, for us to rule on that serious and difficult question at this time.”
Read the Supreme Court opinion here.
In a response to the ruling, the American Civil Liberties Union (ACLU) condemned the decision and claimed it could “undermine New York's efforts to curb the pandemic."
Daniel Mach, director of the ACLU Program of Freedom of Religion and Belief, said“The freedom to worship is one of our most cherished fundamental rights, but it does not include a license to harm others or endanger public health,”