Home
/
RELIGION & LIBERTY ONLINE
/
SCOTUS protects churches from COVID-19 overreach
SCOTUS protects churches from COVID-19 overreach
Jan 26, 2026 4:18 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
A victory for socialism? The Israeli Kibbutz
While eating lunch at an Israeli Kibbutz last winter, I learned firsthand about what used to be a self-contained, munity. I was struck by the local guide’s positive view of socialism, believing it to produce munal life and economic prosperity. The guide’s praise only echoes A.I. Rabin and Benjamin Beit-Hallahmi from Michigan State University who wrote that “[t]he most successful attempt at building a mune has been the Israeli Kibbutz.” The optimism expressed by these observations is not without cause...
Christianity in Iraq: The brutal truth
When es to understanding the present plight of Middle-Eastern Christianity, one author to whom I usually turn is Father Benedict Kiely. He’s the founder of Nasarean.org, which tries to help persecuted Christians in the Middle East. Sometimes Kiely’s observations are difficult to read, not least because they force Western Christians to face up to the full nature of the plight confronting their confreres that no amount of happy-talk can quite disguise. In a recent Catholic Herald article entitled “The Harsh...
The Imaginative Conservative reviews Samuel Gregg’s new book
Dwight Longenecker of The Imaginative Conservative published a detailed review of Samuel Gregg’s new book, Reason, Faith, and the Struggle for Western Civilization. He presents a summary of the book, praises Dr. Gregg for his work, and offers his mentary on the matters presented in the book. Longenecker writes, After an opening chapter which uses Pope Benedict XVI’s Regensburg address to introduce the threats to Western civilization, Dr. Gregg goes on to explain the unique cultural chemistry that brought about...
Bernie Sanders’s workers wanted $15 an hour—so he cut their hours
On Friday I mentioned the ongoing labor dispute between the workers and management of Bernie Sanders’s presidential campaign. The longtime advocate of raising the federal minimum to $15 an hour is finding that it’s easy plain about greedy employers until you e the one having to make payroll. Presidential campaigns are labor intensive and require an army of low-skilled workers who are willing to work long hours performing rote and mundane task. But as Sanders has discovered, paying for such...
Bernie Sanders: The apologist for inequality
Since Bernie Sanders announced his candidacy for president in the 2020 election, he has brought a seemingly disastrous and looming problem to the attention of the American people, much like he did in his 2016 run: e inequality panied by the tyrannical rule of the elite 1%. Why did someone who seems to be so radical have such a big influence on the Democratic primary in 2016, and have such support in this new race? It’s because he took something...
New resources to understand ‘Nordic socialism’
Up to 20 forms of life are likely to survive a nuclear war: strains of bacteria, certain insects, and the myth of Nordic socialism. Despite those nations’ most dogged attempts to educate North Americans that they are not socialist, the idea that they present a model of “successful socialism” persists. Three new resources can deepen our understanding of the issue. The pares the tax rates of Sweden with the UK. True, the UK has slightly higher e inequality as measured...
Alejandro Chafuen in Forbes: Opus Dei and Jesuit priests against socialism
For most of the 20th century, Marxism set its sights on state authority and openly political and economic goals. In more recent decades, though, many proponents of Marxism and other socialist stripes have sought to sow change on a societal and cultural level – a trend which some have termed “cultural Marxism.” Two authors who not only condemned Marxism but also saw its cultural transition early on are Monsignor Fernando Ocáriz Braña, current prelate of Opus Dei, and Rev. Enrique...
Explainer: Who is Boris Johnson?
Boris Johnson, a champion of free trade and lower taxes, will serve as the next prime minister of the UK beginning on Wednesday, July 24. Officials announced on Tuesday that Johnson won 66.4 percent of the Conservative Party’s popular vote, besting rival Jeremy Hunt 92,153 votes to 46,656. In his victory speech, Johnson thanked his opponent, Jeremy Hunt, for being “a font of good idaeas, all of which I propose to steal,.” He also praised outgoing Prime Minister Theresa May...
Bernie Sanders cares more about unions than he does his own workers
Who would have predicted that the hottest labor dispute of the summer would be between the workers and management of Bernie Sanders’s presidential campaign? Sanders is a long-time champion of raising the federal minimum to $15 an hour, so his campaign workers assumed they’d earn that level of pay too: Campaign field hires have demanded an annual salary they say would be equivalent to a $15-an-hour wage, which Sanders for years has said should be the federal minimum. The organizers...
One nation under debt
The federal debt is a risk to our future. The nation’s growing debt will weaken our economy and threaten our safety and security. Unfortunately, politicians either avoid the issue or suggest reforms that sound good but can’t solve the problem. However, there is a way forward if we act soon, note John Cogan, Daniel Heil, and John Raisian. ...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved