(CNN) — In a 5-4 ruling, the US Supreme Court sided with religious organizations in a dispute over Covid-19 restrictions put in place by New York Gov. Andrew Cuomo limiting the number of people attending religious services.
In the late-night decision, Barrett sided with her conservative colleagues in the dispute, while Chief Justice John Roberts joined the three liberal justices in dissent.
Last spring and summer, before the death of Justice Ruth Bader Ginsburg, the court split 5-4 on similar cases out of California and Nevada, with Roberts and the liberals in the majority siding against houses of worship. Barrett was confirmed in October to take Ginsburg’s seat.
In the main, unsigned opinion, the majority ruled in favor of the Roman Catholic Diocese of Brooklyn and Agudath Israel of America that argued that the restrictions violated the Free Exercise Clause of the First Amendment because the regulations treated the houses of worship more harshly than comparable secular facilities.
The majority said that the regulations are “far more restrictive than any Covid-related regulations that have previously come before the court, much tighter than those adopted by many other jurisdictions hard hit by the pandemic, and far more severe than has been shown to be required to prevent the spread of the virus” at the religious services in question.
The restrictions on attendance are divided up by geographic zones in areas classified as “red” or “orange” zones.
The Roman Catholic Diocese of Brooklyn issued a statement Thursday morning applauding the court’s decision, saying that they are gratified and appreciate the court’s recognition of a “clear First Amendment violation and urgent need for relief in this case.”
“I have said from the beginning the restrictions imposed by Governor Cuomo were an overreach that did not take into account the size of our churches or the safety protocols that have kept parishioners safe,” Reverend Nicholas DiMarzio, Bishop of Brooklyn, said in a statement.
Agudath Israel of America similarly celebrated the Supreme Court’s 5-4 ruling in their favor.
“This is an historic victory,” Rabbi Chaim Dovid Zwiebel, Executive Vice President of Agudath Israel, said in a statement. “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.”
In court papers, lawyers for Cuomo argued that the restrictions were necessary to help stop the spread of Covid-19 and that houses of worship weren’t being treated differently than similar secular businesses. They also said that while the dispute was pending, Cuomo had already lifted any restrictions that applied to the organizations.
“Not only is there no evidence that the applicants have contributed to the spread of COVID-19 but there are many other less restrictive rules that could be adopted to minimize the risk to those attending religious services,” the Court held.
“Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area,” the court said. “But even in a pandemic, the Constitution cannot be put away and forgotten.”
The court said that even though Cuomo had lifted some restrictions, the houses of worship “remain under a constant threat” because the restrictions could always be reinstated.
Lower courts had sided with Cuomo.
Lawyers for the diocese had told the justices in court papers that the “pandemic alone cannot justify overbroad, untailored closure orders of indefinite duration directed at all houses of worship, that in another time would plainly be found to violate the Constitution.”
And lawyers for the Agudath Israel of America said that the governor has specifically targeted Orthodox Jews who have “violated his prior rules.”
“The Governor’s guilt-by-religious-association restrictions have made it impossible for Applicants and their members to exercise their religious faith,” they argued.
