Roman Catholic Diocese of Brooklyn v. Cuomo

Background

A Roman Catholic diocese in Brooklyn and Agudath Israel of America challenged a New York executive order that imposed very strict attendance limits where COVID–19 spikes were designated “red” (10 people) or “orange” (25 people). The applicants say they complied with health guidance, reported no outbreaks, and contend the limits treat houses of worship worse than many secular “essential” businesses and that the Governor’s statements targeted Orthodox Jewish areas.

Reasoning

The Court found the applicants likely to succeed because the rules were not neutral toward religion, singled out houses of worship for especially harsh treatment, and treated many secular businesses less restrictively. The majority explained that strict review applies, that less restrictive alternatives (for example tying limits to building size) exist, and that the applicants showed irreparable harm because limits burden fundamental religious practices. The Court also found no public-interest reason to deny relief and emphasized the need for prompt action because the State can reclassify zones quickly.

Real world impact

The order prevents New York from enforcing the 10- and 25-person caps against these applicants while the Second Circuit appeal and possible Supreme Court review proceed. The relief is temporary: it ends automatically if a petition for review is denied, or when a final judgment from this Court is entered. The ruling is not a final merits decision and could change on full review.

Dissents or concurrances

Several Justices joined separate concurrences stressing that religious exercise must not be treated worse than comparable secular activity. Other Justices dissented, arguing relief was unnecessary after recent zone reclassifications and urging deference to public-health officials amid rapidly changing pandemic conditions.