November 26th – Late Wednesday, the Supreme Court ruled against Governor Andrew Cuomo’s restrictions on the occupancy of religious services in New York to stop the spread of the coronavirus.
In a 5-4 decision, the judge said the governor’s restrictions on the size of the congregation in the place of worship violated the First Amendment’s Freedom Movement clause.
Judge Amy Connie Barrett, who joined the court last month, put a conservative judge on the bench to vote decisively, and Judge John Roberts was Judge Stephen Breyer, Judge Sonia Sotomayor, Opposed with Judge Elena Kagan.
The ruling on Wednesday was made in response to complaints filed by the Roman Catholic Parish in Brooklyn and Agdas Israel in the United States against the three-color coronavirus risk system enacted by an executive order in early October.
The system limits the activity of the virus to spread, implements the most restrictive measures in the “red” zone, which has the highest risk of infection, and then implements “orange” and “yellow”.
Religious groups argue that limiting the capacity of the place of worship to 10 in the “red” zone and 25 in the “orange” zone violates the rights of the First Amendment, and limits the place of worship. Said it was tougher than a secular facility.
The court, in an unsigned opinion, forces the public interest to stop the spread of the deadly and infectious coronavirus, but what affects the place of worship is far more than the others who came before the judge. He said it was restrictive and far more restrictive than that applied to the worse-damaged areas.
“There is no evidence that the applicant contributed to the COVID-19 epidemic,” he continued, while relaxation of restrictions was in place at locations connected to known clusters. He also said that less restrictive measures could be taken on religious services to prevent virus infections, such as limiting services based on available capacity rather than hard caps.
“While the pandemic poses many significant challenges, when it becomes clear that no world will allow the Constitution to reopen liquor stores and cyclists but close color-coded administrative orders to close churches and synagogues. Has come, and the mosque, “Judge Neil Gorsuch wrote in favor.
In dissenting, Roberts said there was no need to provide injunction relief as the governor removed them from the restricted area after the two places of worship filed complaints.
Roberts said the restrictions could violate the First Amendment, but they have no reason to decide.
“The governor may reinstate restrictions, but he may not, and invalidate the decisions made by public health authorities on what is needed for public security in the midst of a deadly pandemic. It’s an important issue to do, “he said. “If the governor reinstates the numerical limits, applicants can return to this court and we can respond quickly to their renewed application.”
Supreme Court ruling on COVID religious service restrictions in New York
Source link Supreme Court ruling on COVID religious service restrictions in New York