With coronavirus cases surging again
nationwide, the Supreme Court 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 late Wednesday night, 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 is also muted because the Catholic and Orthodox Jewish
groups that sued to challenge the restrictions are no longer subject to them.
New York Gov. Andrew Cuomo, a Democrat, said Thursday the
ruling was “more illustrative of the Supreme Court than anything else” and
“irrelevant from any practical impact” given that the restrictions have already
been removed.
“Why rule on a case that is moot and come up with a
different decision than you did several months ago on the same issue?” Cuomo
asked in a conference call with reporters. “You have a different court. And I
think that was the statement that the court was making.”
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 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.
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.