Home
/
RELIGION & LIBERTY ONLINE
/
SCOTUS protects churches from COVID-19 overreach
SCOTUS protects churches from COVID-19 overreach
Aug 26, 2026 4:12 PM

To paraphrase an overrated writer, a spectre is haunting the United States – the spectre of religious repression in the name of stanching the coronavirus. The Supreme Court took a step toward exorcising that threat just before Thanksgiving.

Late Wednesday night, the justices ruled 5-4 to temporarily suspended the enforcement of New York Gov. Andrew Cuomo’s COVID-19 directives, which limit religious services to 10 people if the houses of worship are located in “red zones” or 25 people in “orange zones.” The governor’s directive treats religious believers as second-class citizens, subject to heavier government restrictions than a wide variety of secular businesses and organizations. “The regulations cannot be viewed as neutral because they single out houses of worship for especially harsh treatment,” the unsigned decision stated.

To pass constitutional muster, any government order restricting the unalienable freedom of religion must be “narrowly tailored” and serve a pelling government interest.” However, the New York order is anything but narrowly tailored. It unduly restricts churches, synagogues, mosques, and temples by shrinking their congregation well below levels necessary to maintain public safety. For instance, two of the churches represented in the lawsuit can modate more than 1,000 people each, and one of the synagogues can hold 400 people; more than two dozen worshipers could easily fit inside while observing social distancing requirements.

“[E]ven in a pandemic, the Constitution cannot be put away and forgotten,” the decision held. “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 decision underscores the most salient issue at stake in these lawsuits and lockdowns: politicians’ indifference to people of faith and the role of religion in U.S. history. “The only explanation for treating religious places differently seems to be a judgment that what happens there just isn’t as ‘essential’ as what happens in secular spaces,” wrote Justice Neil Gorsuch in his masterful concurrence. “In recent months, certain other [g]overnors have issued similar edicts. At the flick of a pen, they have asserted the right to privilege restaurants, marijuana dispensaries, and casinos over churches, mosques, and temples.”

“That is exactly the kind of discrimination the First Amendment forbids,” he concluded.

Leaders in the Secular City do not consider the loss of worship especially grievous and have designed their orders to “perfectly align with secular convenience,” Justice Gorsuch wrote. Yet their faithful constituents bear a real burden. “Catholics who watch a Mass at home cannot munion, and there are important religious traditions in the Orthodox Jewish faith that require personal attendance,” the majority stated.

Gov. Cuomo’s religious restrictions not only discriminated against people of faith, they particularly targeted the munity and contained an underreported, misogynistic provision. “Agudath Israel argues that the [g]overnor specifically targeted the Orthodox munity and gerrymandered the boundaries of red and orange zones to ensure that heavily Orthodox areas were included,” the decision stated. Gov. Cuomo has certainly expressed his hostility to New York’s Orthodox munity, blaming “their religious practices” for his state’s high infection rate. “Gov. Cuomo should have known that openly targeting Jews for a special COVID crackdown was never going to be constitutional,”said Eric Rassbach, vice president and senior counsel at the Becket Fund for Religious Liberty and counsel to the plaintiffs.

The orders doubly discriminated against Jewish women. Justice Goruch noted that “[i]n the Orthodox munity that limit might operate to exclude all women, considering 10 men are necessary to establish a minyan, or a quorum.” In effect, Cuomo found a technicality that banned all Orthodox Jewish women from attending in-person synagogue services on the Sabbath. That stratagem is redolent of California Gov. Gavin Newsom’s church singing ban, which prohibits Eastern Orthodox Christians and Byzantine Catholics from celebrating the Divine Liturgy properly – or anyone from following the Apostle Paul’s injunction to worship the Lord with “psalms and hymns and spiritual songs.”

First Amendment litigators hailed the injunction as an important check on government’s ability to discriminate against or unduly burden the free exercise of faith. “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,” said Avi Schick, an attorney for Agudath Israel of America. Kelly Shackelford of the First Liberty Institute hoped other politicians will understand that “government officials may not abuse their emergency powers to discriminate against Americans of faith.” And they hope other states will take this decision as a warning. “In light of this ruling, we call on all elected officials to amend any religious discriminatory orders,” said Alliance Defending Freedom Senior Counsel Ryan Tucker.

Yet it is unclear that the ruling has caused Gov. Cuomo to reconsider his exclusionary and discriminatory use of government power to prohibit the constitutionally guaranteed free exercise of religion. “Why rule on a case that is moot e up with a different decision than you did several months ago on the same issue?” Cuomo groused to reporters after the ruling. “You have a different court. And I think that was the statement that the court was making.”

If so, it is a message well worth sounding. As Justice Gorsuch wrote in his concurrence “[W]e may not shelter in place when the Constitution is under attack. Things never go well when we do.”

“Nothing is more dreaded than the National Government meddling with Religion,” John Adams wrote to Benjamin Rush. This decision reaffirmed the Founding Fathers’ spirit and our nation’s unique genius.

The case, Roman Catholic Diocese of Brooklyn v. Cuomo, represents a concerted, ecumenical movement in favor of religious freedom. Its plaintiffs include the Roman Catholic Church and Agudath Israel of America, an Orthodox Jewish organization. The nation is richer for their cooperation.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
How to Turn Corn into Cars
Imagine if a scientist was able to create technology that turns corn into cars. As economist Bryan Caplan explains, we already have such an innovation: foreign trade. Caplan argues that foreign trade is a form of technology that lowers our cost of living and increases our standard of living. In fact, claims Caplan, from a broader perspective trade is even better than most technology since it not only makes us better off, it makes foreigners better off too. ...
Notes on the Question of Inequality
French economist Thomas Piketty This summer’s issue of The City, which includes an article by myself on Orthodoxy and ordered liberty, opens with a symposium of five articles on “The Question of Inequality.” These include two articles on Pope Francis, two on French economist Thomas Piketty’s recent bookCapital in the Twenty-First Century, and one on the Bible. Having recently written a two part article on the subject for the Library of Law & Liberty (here and here), I took copious...
7 Figures: Prevalence of Violence Against Children
The UNICEF report Hidden in Plain Sight, which draws on the pilation of data on violence against children, reveals the disturbing prevalence of physical, sexual, and emotional abuse of children around the globe. According to the report the effects of violence on children are often lasting and have inter-generational repercussions. Findings reveal that exposed children are more likely to e unemployed, live in poverty, and be violent towards others. The authors of the report note that the data is derived...
Let’s Bring Back the Ignominy of Being a ‘Deadbeat Dad’
“Deadbeat Dads”—absent fathers who don’t provide financial support for their children—are one of the most significant factors contributing to child poverty in America. So why do some single women have children outside of marriage when they know they will receive little to no support from the child’s father? A new study from the University of Georgia and Boston College attempts to answer that question. The authors created an economic model to simulate a scenario in which every absent father was...
Helping No One By Being Socially Aware And Active
If you were told by your doctor to lose weight, you’d likely do what most people do: exercise more and eat healthier food. Jason Scott Jones and John Zmirak have a better plan in mind: Step 1: Start a fitness blog, collecting the best arguments you can find against obesity. Step 2: Comb the Bible, Pope Francis’ Tweets, and the work of your fellow bloggers, for the choicest quotes on the deadly sin of Gluttony. Then post them in ments...
Are You an Athlete or a Spectator?
Today at Ethika Politika, I caution against the sort of scapegoating that justifies ideologies at the expense of human effort: Do you support capitalism? Socialism? Distributism? Something else? Wonderful. What does that look like among the mess of market forms that actually constitute the economy you participate in every day? Rather than criticizing those policies that fall short of your saintly ideal or align too closely with your Hitler, what ones constitute a first step in the right direction for...
Are Fast Food Strikers Just Political Agitators?
According to Thomas McCraw, who is the author of American Business, 1920-2000: How it Worked, “More people in the U.S. workforce were getting their first job at McDonald’s than at any other employer, including the Army.” By the end of this 80 year period, McDonald’s employer turn over rate was just over 200 percent per year. It was a temporary job, primarily for students. This factor has changed somewhat. I remember in an ethics class in seminary we had to...
Stay At Home Mom? Yeah, You Don’t Count
I loved being a stay at home mom. Sure, it was tedious some days and there were times when I was a bit weary of mac and cheese, but overall, I loved it. I enjoyed watching my kids grow, learning with them, enjoying leisurely days of bug watching, sidewalk chalk and cartoons. Imagine my surprise when I found out that being a stay at home mom doesn’t count as work. Not real work: you know, the kind of work where...
Video: Sirico Discusses Multiculturalism on Cavuto
Acton Institute President Rev. Robert A. Sirico made an appearance on Thursday afternoon on Fox News Channel’s Your World with Neal Cavuto. Recently, Cavuto has been addressing the topic of multiculturalism in recent shows, featuring guests like Nigel Farage, leader of the UK Independence Party in Great Britian, and Alveda King, niece of Rev. Martin Luther King, Jr., both of whom share deep concerns about the impact of multicultural philosophy and policy on our cultural cohesion. Yesterday, Neil Cavuto asked...
Kill The Girls, Traffick The Girls
India’s culture, like many others, prefers boys. Not only do they carry on the family name, they don’t cost the family a dowry. (Dowries are officially outlawed in India, but the practice continues.) There is a cottage industry in India of ultrasound machines: if it’s a boy, celebrate! If it’s a girl….the response is often abortion, and “try again.” Like China, India is now suffering the consequences of gendercide. There are not enough brides for the young men of India....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved