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The US Supreme Court on Wednesday evening overturned the restrictions on religious services in New York that Governor Andrew M. Cuomo had imposed to fight the coronavirus pandemic.
The vote was 5 to 4, with Chief Justice John G. Roberts Jr. and the three Liberal members of the court in the minority. This case was the first in which the new member of the Court, Judge Amy Coney Barrett, played a decisive role.
The court’s ruling was inconsistent with previous rulings regarding churches in California and Nevada. In these cases, tried in May and July, the court allowed state governors to restrict participation in religious services.
The composition of the Supreme Court has changed since then and Judge Barrett succeeded Judge Ruth Bader Ginsburg, who died in September. The vote in the previous cases was also 5 to 4, but in the opposite direction, with Chief Justice Roberts joining Judge Ginsburg and the other three members of the Liberal wing.
In an unsigned opinion, the majority said Governor Cuomo’s restrictions violate the First Amendment, aimed at the free exercise of religion. In a conflicting opinion, Judge Neil M. Gorsuch said Governor Cuomo treated secular activities more favorably than religious ones.
“It is time to point out that while the pandemic poses many serious challenges, the Constitution cannot tolerate color-coded executive orders that reopen liquor and bicycle shops, but churches, synagogues and mosques remain closed,” Judge Gorsuch wrote. . .
The Supreme Court made two requests: one submitted by the Roman Catholic Diocese of Brooklyn, the other by two synagogues, an Orthodox Jewish organization and two individuals. Both requests argue that Cuomo’s restrictions violate constitutional protection for the free exercise of religion.
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