A federal judge in New York granted a preliminary injunction overturning New York’s limitation on religious gatherings during the coronavirus pandemic.
A federal judge in New York granted a preliminary injunction overturning New York’s limitation on religious gatherings during the coronavirus pandemic.
The decision comes after several Jewish and other religious organizations filed a lawsuit arguing that the restrictions on religious gatherings while the protests were allowed are an unconstitutional violation of the free exercise of religion.
Governor Andrew Cuomo‘s executive order currently limits gatherings at houses of worship in regions that have entered Phase 2 of reopening (including New York City) at 25% of the indoor capacity of the location.
The court reasoned that if Phase 2 businesses like offices, retail stores, and salons can open at 50% capacity, then houses of worship cannot be restricted to only 25% capacity under Free Exercise Clause.
Similarly, if the State and City are going to encourage mass protests for racial justice, they cannot selectively enforce restrictions on outdoor religious gatherings.