A US federal appeals court on Monday upheld challenges to New York state’s Covid-related attendance restrictions at houses of worship.

The Second Circuit court which covers New York, Connecticut and Vermont, ruled that Gov. Andrew Cuomo’s order limiting attendance at churches, mosques and synagogues in covid “hotspots” to 10 or 25 persons “discriminates against religion on its face.”

The ruling follows an earlier U.S. Supreme Court decision which had issued a temporary injunction against those limits pending the appeal.

Since that decision, on November 25, a majority of states have moved away from strict caps on worship attendance.

The Appeals Court also asked a lower-level District Court to reconsider the 25% and 33% percentage capacity limits using ‘strict scrutiny’ – the highest standard known to constitutional law. A spokesperson for the Becket Fund said that would be a hard standard for the Governor to meet.

“It would be better to stop trying to restrict synagogues, churches, and mosques. Gov. Cuomo should read the writing on the wall and let New York join the 33 states that do not cap or put percentage limits on in-person worship,” The Becket Fund added.