A federal judge has blocked New York state from enforcing its pandemic restrictions on religious gatherings, saying that the capacity caps imposed on religious institutions have not been applied equally to secular activities.
He said that those nonessential businesses that enjoy the 50 percent cap are not “justifiably different than houses of worship.”
The order gives the plaintiffs—two Catholic priests and three Orthodox Jewish congregants—and other people of faith the ability to congregate at indoor places of worship at 50 percent capacity provided they follow social distancing guidelines.
The state was also blocked from enforcing any limitation for outdoor gatherings, but it’s not immediately clear whether that only applies to religious gatherings.
The plaintiffs in the case argued that New York’s restrictions had violated a number of their First Amendment rights, such as their right to practice their religion.
Sharpe acknowledged in his ruling that “the loss of plaintiffs’ free exercise rights” was adequate to show that they would suffer “irreparable injury.”
The judge also noted that New York officials had over the last few weeks encouraged the George Floyd protests or carved out exemptions for graduation ceremonies. He said that the state had failed to show compelling justifications for why those group gatherings should be afforded “preferential treatment” compared to religious gatherings.
“Governor Cuomo and Mayor de Blasio could have just as easily discouraged protests, short of condemning their message, in the name of public health and exercised discretion to suspend enforcement for public safety reasons instead of encouraging what they knew was a flagrant disregard of the outdoor limits and social distancing rules. They could have also been silent. But by acting as they did, Governor Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment,” Sharpe wrote.
In the granting the injunction, he said that without it, the “plaintiffs’ religious activities will be burdened and continue to be treated less favorably than comparable secular activities.”
A lawyer from the Thomas More Society, who represented the plaintiffs, said they were pleased by the ruling.
Cuomo’s press office didn’t immediately respond to a request for comment.
Meanwhile, the Justice Department called the ruling “a win for religious freedom and the civil liberties of New Yorkers.”
“The court’s decision is consistent with positions and arguments made by the United States Department of Justice in similar filings and letters, including in New York City and elsewhere around the country. The Department of Justice will continue to support people of faith who seek equal treatment against threats and actions by public officials who discriminate against them because of their religion. The Constitution and our oath to defend and protect it require nothing less.”
