As cases of coronavirus re-emerged across the country, Scootus late Wednesday banned New York from imposing certain restrictions on attendance at churches and synagogues in designated areas hit hard by the virus.
The majority of judges is split 5-4 with new Judge Amy Connie Barrett. It was the first publicly sensible vote of Rs. Three liberal judges of the court and Chief Justice John Roberts disagreed.
The move was a shift for the court. Earlier this year, while Barrett’s liberal predecessor, Justice Ruth Bader Ginsberg, was still on the court, judges divided churches in California and Nevada by 5–4 to waive epidemic-related capacity restrictions.
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Cuomo said Scouts issued a political decision that is “irrelevant to any practical effect” because the claiming religious institutions are no longer under ban.
“The decision is not final, in the first place,” Kumo said. “It goes back to the Second Circuit Court of Appeals, so it’s not even a final legal decision.”
Instead, he said the court took the opportunity to form an ideological issue with a convincing majority.
“You have a separate court,” the governor said. “And I think that was the statement that the court was making.”
Cuomo added that he “has full respect for religion,” but he wants to ensure people are kept safe, especially during the holiday season.
The court’s action has also had side effects because Catholic and Orthodox Jewish groups that have claimed to challenge the sanctions are no longer subject to them.
“The lawsuit was about the Brooklyn zone,” Cuomo said. “The Brooklyn zone no longer exists as a red zone. It’s confusing so that the ban doesn’t take effect. That’s why the whole case went on. The Supreme Court adopted it. Changed last week or a week ago, so that situation does not exist because those restrictions have been removed.
The Diocese of Brooklyn and America’s Agudath Israel has churches and synagogues previously designated as red and orange zones in the areas of Brooklyn and Queens. It was attended by 10 and 25 people of worship in the red and orange areas, respectively, in the state. But those specific areas have now been designated as yellow zones with less restrictive rules, nor will the group be challenged.
The judges acted on an emergency basis, preventing New York from temporarily continuing its trial on the imposition of sanctions against the groups. In an unsigned opinion, the court said the sanctions “isolate places of worship, especially for harsh behavior.”
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“The members of this court are not public health experts, and we should respect the judgments of those with special expertise and responsibility in this area. But even in epidemics the constitution cannot be put and forgotten.” Effectively preventing participation in services, strike at the very heart of the First Amendment guarantee of religious freedom.
Opinion notes that in the red zone, when no synagogue or church can accommodate more than 10 people, businesses that are considered “essential” from grocery stores to pet stores can remain open without capacity limits. And in the orange zone, when synagogues and churches come within 25 people, “even non-essential businesses can decide for themselves how many individuals will enter.”
Roberts wrote in disagreement that the court proceedings were “simply not necessary.” “None of the worship houses identified in the programs are now subject to a certain number of restrictions,” he said, adding that New York’s 10 and 25 person caps “seem to be endlessly banned.”
“The governor will probably re-impose these sanctions. But he won’t either. And it’s important to override the decisions made by public health officials about what is needed for public safety amid a deadly epidemic,” he wrote.
Roberts and four other judges wrote separately to explain their views. Barrett did not.
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The court proceedings were a victory for the Roman Catholic Church and Orthodox synagogues, which Gov. October. Govt. Gov. Andrew Cuomo claimed to have challenged the state sanctions announced.
The Diocese of Brooklyn, which covers Brooklyn and Queens, argues that places of worship are being unfairly done by the governor’s executive order. The diocese argued that it had previously operated safely by capping the presence of 25% of the building’s capacity and taking other measures. Parts of Brooklyn and Queens are now in the yellow zone where the presence of synagogues is limited to 50% of the building’s capacity, but church attendance remains low.
“We are grateful that the Supreme Court has acted so quickly and decisively to protect our most fundamental constitutional right – the free exercise of religion,” state attorney Randy Maestro said in a statement.
Cardinal Timothy Doll, Archbishop of New York, tweeted, “I want to congratulate @BPDIMarzio and @Brooklindiosis for their victory for religious freedom in the U.P. Supreme Court. Our churches are essential. Of all the security protocols to protect, it is also important to protect that fundamental constitutional right, religious freedom. “
“This is a historic victory. The decision of this landmark will ensure that religious practices and religious institutions will be protected from the orders given by the government, which will not treat religion with the respect it demands,” Avi Shik, Israel’s lawyer, wrote in an email. Constitution. “
The two lower courts stayed with New York to allow the restrictions to remain in place. New York argued that religious gatherings were treated in a less controlled manner than secular gatherings with similar risks of infection, such as concerts and theater performances. Earlier Thursday by the Associated Press, an email seeking comment from the governor’s office was not immediately returned.
There are many areas in the currently designated orange zone in New York but no red zones, according to a state website that tracks designated areas as hot spots.
The Associated Press contributes to this report.
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