Home
/
RELIGION & LIBERTY ONLINE
/
SCOTUS protects churches from COVID-19 overreach
SCOTUS protects churches from COVID-19 overreach
Jan 22, 2026 12:04 AM

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
Top 5 Books For Today’s College Student: Greg Thornbury
President of The King’s College in New York City and one of this year’s Acton University plenaries, Greg Thornbury, gives his top 5 book picks for today’s college students. 1. Plato’s Dialogues Plato’s dialogues are good for virtually everything that ails our society. He takes on relativism, skepticism, materialism, and incivility. Gorgias clarifies the difference between truth-seeking and posturing. 2. The Confessions of St. Augustine In Confessions, Augustine of Hippo charts his tumultuous journey to God in the ing-of-age story...
How an Ex-Convict Learned to Worship Through His Work
Alfonso was looking for a “fast life,” and as a result, he got mixed up in illegal drugs and landed in prison. For many, that kind of thingmight signal the beginning of a patternor slowlydefineand distort one’s identity or destiny. But for Alfonso, it was a wake-up call. While in prison, he began to realize who he really was, and more importantly, whose he really was. He began to understand that God created him to be a gift-giver, and that...
Reflecting On The Work Of Michael Novak: Charity, Civil Society, Free Markets
Today’s issue of Public Discourse offers a reflection on the life and work of Michael Novak. It would not be an exaggeration to say Novak is a towering figure in the world of free market economics. Author Nathaniel Peters says that while Novak has had his critics, the question that lies at the heart of all Novak’s work is this: “How do we get people out of poverty?” What economic systems are most conducive to allowing people to exercise their...
What Would The Founders Do About Welfare?
es to mind when you think of poverty policies prior to FDR’s New Deal? For many people, the idea of pre-1940s welfare is likely to resemble something out of a Charles Dickens’ novel: destitute adults in the poorhouse and hungry children (usually orphans) eating a bowl of gruel. That impression is likely what we have about welfare in America during the era of the Founding Fathers. But is it accurate? “The left often claims the Founders were indifferent to the...
Explainer: What You Should Know About the Patriot Act and the Freedom Act
Why is the Patriot Act back in the news? Last night three key provisions of the law were allowed to expire (at least temporarily) after Senator Rand Paul (R-KY) blocked an extension of the program during a Sunday session of the Senate. What is the Patriot Act? The official title of the law is the USA Patriot Act of 2001, an acronym for “Uniting and Strengthening America by Providing Appropriate ToolsRequired to Intercept and Obstruct Terrorism.” The 320-page law, signed...
EcoLinks 06.01.15
In the spirit of PowerLinks, we’ll be adding a regular roundup on news concerning Pope Francis’ ing encyclical on the environment and, more broadly, religious witness on environmental stewardship outside the Roman Catholic Church. This may be a daily PowerBlog feature, or you may see it less frequently depending on the volume of news mentary on the subject. If you haven’t got to it yet, make sure you watch Rev. Robert A. Sirico’s mentary on the encyclical, which was posted...
EcoLinks 06.02.15
Cardinal Turkson: together for stewardship of creation Cardinal Peter K.A. Turkson, Vatican Radio Despite the generation of great wealth, we find starkly rising disparities – vast numbers of people excluded and discarded, their dignity trampled upon. As global society increasingly defines itself by consumerist and monetary values, the privileged in turn e increasingly numb to the cries of the poor. Pope Francis endorses climate action petition Brian Roewe, National Catholic Reporter “He was very supportive,” Tomás Insua, a Buenos Aires,...
Father Crosby and ‘Losing Money on Purpose’
Shareholder resolutions intended to force Exxon Mobil Corp. and Chevron Corp. to adopt greenhouse gas reduction goals and name environmental experts (i.e. any scientist who believes human activity causes climate change) to their respective board of directors were defeated last week. Not only were they defeated, they were crushed. Chevron shareholders mustered only 9 percent support for GHG reductions and 20 percent for the environmentalist board member. Eighty percent of ExxonMobil shareholders rejected the additional board member, and only 10...
Explainer: Religious Liberty and the Abercrombie Hijab Case
In the case of Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., the U.S. Supreme Court ruled on Monday that employers must offer a reasonable modation for an employee’s religious practices. Here is what you should know about that case. What was the issue that sparked the lawsuit? Samantha Elauf, a 17-year-old Muslim girl from Tulsa, Oklahoma, applied for a job at Abercrombie, a preppy clothing retailer, in 2008. After being interviewed by Heather Cooke, the store’s assistant...
Kishore Jayabalan: Will Upcoming Encyclical ‘Squander’ Papal Authority?
In anticipation of the new papal encyclical on the environment (reportedly due out this month, and titledLaudato si’[Praised Be You]), the press is seeking a way to make sense out of information “floating around” concerning the contents of the encyclical. At this point, no one really knows what the encyclical will say, although there are educated guesses. (See Fr. Robert Sirico’s discussion on the encyclical here.) Peter Smith at the Pittsburgh Post-Gazette did a “round-up” of various Vatican watchers, officials...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved