Court blocks virus curbs on houses of worship

Justices in 5- 4 ruling bar state from limiting attendance numbers.

WASHINGTON — As coronavirus cases surge again nationwide the Supreme Court late Wednesday barred New York from enforcing certain limits on attendance at churches and synagogues in areas designated as hard hit by the virus.

The justices split 5- 4 with new Justice Amy Coney Barrett in the majority. It was the conservative’s first publicly discernible vote as a justice. The court’s three liberal justices and Chief Justice John Roberts dissented.

The move was a shift for the court. Earlier this year, when Barrett’s liberal predecessor, Justice Ruth Bader Ginsburg, was still on the court, the justices divided 5- 4 to l eave i n place pandemic- related capacity restrictions affecting churches in California and Nevada.

The court’s action Wednesday could push New York to reevaluate its restrictions on houses of worship in areas designated virus hot spots. But the impact of the court’s action is also muted because the Catholic and Orthodox Jewish groups that sued to challenge the restrictions are no longer subject to them.

The Diocese of Brooklyn and Agudath Israel of America have churches and synagogues in areas of Brooklyn and Queens previously designated red and orange zones. In those red and orange zones, the state had capped attendance at houses of worship at 10 and 25 people, respectively. But those particular areas are now designated as yellow zones with less restrictive rules neither group challenged.

The justices acted on an emergency basis, temporarily barring New York f rom enforcing t he restrictions against the groups while their lawsuits continue. In an unsigned opinion the court said the restrictions “single out houses of worship for especially harsh treatment.”

“Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic, the Constitution cannot be put away and forgotten. 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 opinion said.

Roberts and four other justices wrote separately to explain their views. Barrett did not.