(ChurchLeaders) At the U.S. Supreme Court this year, houses of worship are 0-for-2 so far in their efforts to seek exemptions from pandemic-related restrictions. That could change, however, now that Justice Amy Coney Barrett, a religious liberties advocate, has filled the seat of longtime liberal Justice Ruth Bader Ginsburg.
Yesterday, the Roman Catholic Diocese of Brooklyn asked SCOTUS to free its 26 churches from an executive order limiting the number of in-person worshipers. On October 6, as cases began rising throughout New York, Gov. Andrew Cuomo set zone-based rules that are stricter for churches than for some businesses. In red zones, where outbreaks are highest, churches are limited to 25 percent capacity or 10 people, whichever is fewer. In orange zones, the limit is 33 percent of capacity or 25 people. Only essential businesses, including grocery stores, are permitted to remain open in red zones. “High risk non-essential businesses” such as gyms and theaters must remain closed in both red and orange zones.