A Direct and Severe Violation : Court Strikes Cuomo s COVID-19 Orders on Churches, Synagogues:
On Monday, a panel of the 2nd Circuit Court of Appeals upheld an injunction against Gov. Andrew Cuomo’s (D-N.Y.) COVID-19 orders placing strict limits on houses of worship in hot spots. The 2nd Circuit panel agreed with the Supreme Court that Cuomo’s order likely does not satisfy the high standard of strict scrutiny and therefore violates the First Amendment.
“No public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal,” Judge Michael Park
wrote in the opinion. “The restrictions challenged here specially and disproportionately burden religious exercise, and thus ’strike at the very heart of the First Amendment’s guarantee of religious liberty.’ Such a direct and severe constitutional violation weighs heavily in favor of granting injunctive relief.”
Jessie Wardarski / Associated Press
A federal appeals court this week quashed New York’s capacity restrictions on faith services in areas with high rates of COVID-19, much to the praises of houses of worship.
The state’s regulations, part of Gov. Andrew Cuomo’s microcluster strategy, apply to faith-based services in designated “red” and “orange” zones, like in Erie County. In red zones, the state restricts houses of worship to the lesser of 25% maximum capacity or 10 people. In orange zones, it is 33% capacity or 25 people. That compares to 50% capacity in yellow zones.
The court’s decision to strike down these limits came a month after the U.S. Supreme Court temporarily blocked New York from enforcing those caps. The religious groups that brought the case the Roman Catholic Diocese of Brooklyn and Agudath Israel of America said that the rules violate the First Amendment and discriminate against them.
New York State Team
ALBANY – A federal appeals court again struck down Gov. Andrew Cuomo s strict capacity limits on religious services in areas with high rates of COVID-19, ruling Monday that the restrictions discriminate against religious rights.
A three-judge panel from the 2nd U.S. Circuit Court of Appeals in Manhattan ruled against Cuomo s 10- and 25-person limits on houses of worship in state-designated red and orange zones, overturning a lower court s ruling and granting a request from Catholic and Orthodox Jewish organizations to have the limits invalidated.
The ruling came a month after the U.S. Supreme Court issued a temporary injunction blocking New York from enforcing the limits, which remained in effect while the lower-level court considered the case.
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Harvest Rock Files Reply for Emergency Injunction
NEWS PROVIDED BY
SAN FRANCISCO, Calif., Dec. 29, 2020 /Christian Newswire/ Today, Harvest Rock Church and Harvest International Ministry filed its Reply Brief with the Ninth Circuit Court of Appeals requesting an emergency injunction pending appeal (IPA). Liberty Counsel represents Harvest Rock Church and Harvest International Ministry, which has many churches in every Tier level set forth by Gov. Gavin Newsom s Blueprint.
The Ninth Circuit ordered Gov. Newsom to respond by 9 am December 28, and the churches to reply by 9 am December 29.
BINGHAMTON, NY (WSKG) A federal appeals court quashed New York’s capacity restrictions on faith services in areas with high rates of COVID-19 earlier this week.
The state’s regulations, part of Governor Andrew Cuomo’s microcluster strategy, apply to faith-based services in designated “red” and “orange” zones, like in parts of Chemung County. The orange zone there, first announced in October, stretches from Elmira to Horseheads. Per state guidance, religious services in that zone can have up to 25 people present, or one-third of their normal capacity; whichever allows for fewer people.
The first in-person Mass in almost four months at Saint Bartholomew Roman Catholic Church in Queens, New York, back in July. (AP Photo/Jessie Wardarski)