The Catholic Diocese of Brooklyn has asked the US Supreme Court to block covid19 limits on in-person church attendance [1].
The Supreme Court rebuffed similar challenges over the summer, but this comes after Justice Amy Coney Barrett’s confirmation last month, and the diocese could find more success before the now more conservative court.
New York Gov. Andrew Cuomo (D) in October limited in-person attendance at church services to either 10 or 25 people, depending on the number of COVID-19 cases in the areas in which a particular church is located. As a practical matter, the diocese contends, the order “effectively bars in-person worship at affected churches – a ‘devastating’ and ‘spiritually harmful’ burden on the Catholic community.” By contrast, the diocese noted, many secular businesses, including “everything from supermarkets to pet stores,” are allowed to stay open.
The diocese went to federal district court in New York, where it argued that Cuomo’s order violates the Constitution’s free exercise clause. Both the district court and the U.S. Court of Appeals for the 2nd Circuit declined to block the limits, leading to Thursday’s appeal to the Supreme Court.