Diocese of Brooklyn v. Cuomo and Its Rippling Effect: The Supreme Court Stands Up For Religious Expression
On Thanksgiving Eve 2020, the U.S. Supreme Court gave the Roman Catholic Diocese of Brooklyn and its co-Plaintiff, Agudath Israel of America, something for which to be thankful. The Court granted temporary injunctive relief to these religious organizations, refusing to uphold a New York State Executive Order that imposed attendance restrictions on religious services. In Diocese of Brooklyn v. Cuomo, the Court rejected the constitutionality of New York’s Order limiting attendance at religious services in COVID-related “red zones” within the State to no more than ten persons and, in “orange zones,” to no more than twenty-five people. A full evidentiary hearing is scheduled for later this month. Additionally, the Supreme Court just recently issued an Order casting doubt on California’s current wholesale ban on in-person religious gatherings. These significant religious liberty victories illustrate a possible Court shift as well as the judiciary’s ongoing struggle with the principles of religious freedom, against the backdrop of pandemic-related executive orders.