On November 25, 2020, the U.S. Supreme Court ordered a preliminary injunction in Roman Catholic Diocese of Brooklyn v. Cuomo , No. 20A87, holding that New York may not enforce 10- or 25-person congregation-size limits on certain Catholic churches and Orthodox synagogues, pending further Supreme Court litigation, because the restrictions likely discriminate against religion in violation of the First Amendment. In an attempt to slow the spread of COVID-19, the governor of New York has restricted various kinds of gatherings. In areas designated by the governor as “red zones,” “no more than 10 persons may attend each religious service,” but “businesses categorized as ‘essential’ may admit as many people as they wish. And the list of ‘essential’ businesses includes things such as acupuncture facilities, camp grounds, garages, as well as … all plants manufacturing chemicals and microelectronics and all transportation facilities.” In “orange zones,” attendance at houses of worship is limited to 25 persons,” but “even non-essential businesses may decide for themselves how many persons to admit.” These regulations affected 26 Catholic churches in the Diocese of Brooklyn, most of which normally seat over 700 people, as well as Agudath Israel synagogue, which can seat up to 400. The […]
