Religious services should not be treated any differently from authorized non-religious gatherings, said the unsigned judgment, in which new judge Amy Coney Barrett tipped the scales in favor of the Conservatives.
Governor Andrew Cuomo had limited to ten the number of people who could gather in places of worship in red areas
where the virus circulates a lot.
The court was speaking on requests from the Roman Catholic Diocese of Brooklyn and two synagogues.
By five votes to four, the Supreme Court ruled that these measures were contrary to the free exercise of religion protected by the First Amendment.
New York Governor Andrew Cuomo removes his mask before delivering remarks at Riverside Church in Manhattan, New York.
Photo : Reuters / ANDREW KELLY
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Previously, the court had ruled differently, having upheld similar restrictions in California, in May, and Nevada, in July.
This shift reflects the new balance of power at the Supreme Court since the arrival in late October of Amy Coney Barrett, a conservative Catholic judge appointed by President Donald Trump after the death of Ruth Bader Ginsburg.
Even in times of pandemic, we cannot put aside and forget the Constitution. […] The restrictions at play here, effectively preventing many from attending church services, go to the very heart of the protection of religious freedom provided by the First Amendment.
In fact, restrictions had already been relaxed in New York state pending the court verdict, according to NBC News.
Stephen Breyer, Sonia Sotomayor and Elena Kagan, like the President of the Court, John Roberts, issued a dissenting opinion, in disagreement with the judgment.
Justice Amy Coney Barrett, being sworn in by Justice Clarence Thomas.
Photo : Reuters / TOM BRENNER
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John Roberts felt there was no need to support the groups’ complaints given the governor’s hindsight.
But conservative judge Neil Gorsuch argued that Governor Cuomo favored secular activities over religious activities.
The pandemic has fueled strong tensions between Democratic City Hall and New York’s Orthodox Jewish community, accused of failing to respect health distancing rules. It had sparked sometimes violent protests in Brooklyn last month.
The United States lamented Wednesday, on the eve of the hugely popular Thanksgiving, more than 2,400 deaths from the coronavirus in 24 hours.
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