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December 29, 2020 11:51 am

US Appeals Court Blocks NY Governor’s Limits on Religious Gatherings

avatar by Reuters and Algemeiner Staff

Orthodox Jews observe Sukkot, on a neighborhood lawn to avoid over-crowding at an indoor synagogue, amid the coronavirus disease (COVID-19) pandemic, in the New York City suburb of Monsey, New York, Oct. 5, 2020. Photo: Reuters / Mike Segar.

The federal appeals court in Manhattan on Monday blocked New York state restrictions on the size of religious gatherings put in place to combat the spread of the coronavirus.

In a 3-0 decision, the 2nd US Circuit Court of Appeals sided with the Roman Catholic Diocese of Brooklyn, the Orthodox Jewish group Agudath Israel of America and two synagogues in enjoining New York Governor Andrew Cuomo’s Oct. 6 attendance caps at “houses of worship.”

The governor limited attendance to the lesser of 10 people or 25 percent capacity in “red” zones where the coronavirus risk was highest, and 25 people or 33 percent capacity in slightly less risky “orange” zones, even in buildings that seat hundreds.

Circuit Judge Michael Park said the plaintiffs established irreparable harm by showing the restrictions impaired their free exercise of religion.

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He also said “no public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal.”

Cuomo’s office did not immediately respond to requests for comment.

Monday’s decision followed the US Supreme Court’s 5-4 ruling on Nov. 25 against enforcing the caps.

The majority, comprising most of the court’s conservative wing, said the restrictions “strike at the very heart of the First Amendment’s guarantee of religious liberty,” and that “even in a pandemic, the Constitution cannot be put away and forgotten.”

Cuomo has said that ruling had no practical effect because some restrictions were lifted as COVID-19 flare-ups eased.

The appeals court returned Agudath Israel’s case to a Brooklyn federal judge to decide, under a “strict scrutiny” standard, whether the 25 percent and 33 percent limits were constitutional.

Avi Schick, a lawyer for Agudath Israel, said Monday’s decision “will be felt way beyond the COVID context. It is a clear statement … that government can’t disfavor religious conduct merely because it sees no value in religious practice.”

Randy Mastro, the diocese’s lawyer, said the diocese was “gratified,” and will welcome parishioners to mass “under strict protocols” that keep them safe.

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