Heather Clark – November 27, 2020
WASHINGTON — The U.S. Supreme Court has ruled that New York’s “very severe” limitations on church attendance in the state’s COVID red and orange zones violate the First Amendment right to the freedom of religion and is not the least restrictive means of preventing infections.
“Not only is there no evidence that the applicants have contributed to the spread of COVID–19, but there are many other less restrictive rules that could be adopted to minimize the risk to those attending religious services,” the court stated in a 5-4 opinion Wednesday evening, with new justice Amy Coney Barrett being among the majority.
Chief Justice John Roberts sided with his liberal colleagues.
In October, Gov. Andrew Cuomo signed Executive Order 202.68, which presented updated regulations for various public facilities, including fitness centers, hair salons, restaurants, taverns and houses of worship.
Churches in orange zones were required to be “subject to a maximum capacity limit of the lesser of 33% of maximum occupancy or 25 people, whichever is fewer.” Those in red zones were “subject to a capacity limit of 25% of maximum occupancy or 10 people, whichever is fewer.”
View the executive order here.
As a result, the Roman Catholic Diocese of Brooklyn and the Orthodox Jewish umbrella organization Agudath Israel of America filed suit to challenge the restrictions, arguing that they treat religious facilities more harshly than secular venues.
They contended that they have followed all health guidelines and have operated at reduced capacity without any outbreaks, and therefore, it cannot be proven that churches need more stringent regulation.
On Wednesday, following unsuccessful bids in the lower courts, the Supreme Court ruled that Cuomo’s restrictions “cannot be viewed as neutral because they single out houses of worship for especially harsh treatment” since businesses deemed “essential” could literally accommodate hundreds of occupants without penalty.