The
Supreme Court late Wednesday barred New York from enforcing certain
limits on attendance at churches and synagogues in areas designated as
hard hit by the virus.
The justices split 5-4 with new Justice Amy Coney Barrett in the
majority. It was the conservative’s first publicly discernible vote as a
justice. The court’s three liberal justices and Chief Justice John
Roberts dissented.
The move was a shift for the court. Earlier this year, when Barrett’s
liberal predecessor, Justice Ruth Bader Ginsburg, was still on the
court, the justices divided 5-4 to leave in place pandemic-related
capacity restrictions affecting churches in California and Nevada.
The court’s action Wednesday could push New York to reevaluate its
restrictions on houses of worship in areas designated virus hot spots.
But the impact of the court’s action is also muted because the Catholic
and Orthodox Jewish groups that sued to challenge the restrictions are
no longer subject to them.
The Diocese of Brooklyn and Agudath Israel of America have churches
and synagogues in areas of Brooklyn and Queens previously designated red
and orange zones. In those red and orange zones, the state had capped
attendance at houses of worship at 10 and 25 people, respectively. But
the those particular areas are now designated as yellow zones with less
restrictive rules neither group challenged.
The justices acted on an emergency basis, temporarily barring New
York from enforcing the restrictions against the groups while their
lawsuits continue. In an unsigned opinion the court said the
restrictions “single out houses of worship for especially harsh
treatment.”
“Members of this Court are not public health experts, and we should
respect the judgment of those with special expertise and responsibility
in this area. But 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,” the opinion
said.
The opinion noted that in red zones, while a synagogue or church
cannot admit more than 10 people, businesses deemed “essential,” from
grocery stores to pet shops, can remain open without capacity limits.
And in orange zones, while synagogues and churches are capped at 25
people, “even non-essential businesses may decide for themselves how
many persons to admit.”
Roberts, in dissent, wrote that there was “simply no need” for the
court's action. “None of the houses of worship identified in the
applications is now subject to any fixed numerical restrictions,” he
said, adding that New York's 10 and 25 person caps “do seem unduly
restrictive."
"The Governor might reinstate the restrictions. But he also might
not. And it is a significant matter to override determinations made by
public health officials concerning what is necessary for public safety
in the midst of a deadly pandemic," he wrote.
Roberts and four other justices wrote separately to explain their views. Barrett did not.
The court’s action was a victory for the Roman Catholic Church and
Orthodox Jewish synagogues that had sued to challenge state restrictions
announced by Gov. Andrew Cuomo on Oct. 6.
The Diocese of Brooklyn, which covers Brooklyn and Queens, argued
houses of worship were being unfairly singled out by the governor’s
executive order. The diocese argued 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 houses 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
swiftly and decisively to protect one of our most fundamental
constitutional rights — the free exercise of religion,” said Randy
Mastro, an attorney for the diocese, in a statement.
Avi Schick, an attorney for Agudath Israel of America, wrote in an
email: “This is an historic victory. This landmark decision will ensure
that religious practices and religious institutions will be protected
from government edicts that do not treat religion with the respect
demanded by the Constitution."
Two lower courts had sided with New York in allowing the restrictions
to remain in place. New York had argued that religious gatherings were
being treated less restrictively than secular gatherings that carried
the same infection risk, like concerts and theatrical performances. An
email sent early Thursday by The Associated Press to the governor's
office seeking comment was not immediately returned.
There are currently several areas in New York designated orange zones
but no red zones, according to a state website that tracks areas
designated as hot spots.
