-A parishioner wearing a t-shirt that reads “Liberty” attends mass. Photo: Radio-Canada
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The U.S. Supreme Court on Wednesday banned the governor of New York state from imposing restrictions on places of worship due to the coronavirus outbreak, in a ruling seen as a defense of freedom of worship.
Religious services should not be treated any differently from permitted non-religious gatherings, the unsigned judgment ruled, in which the new judge Amy Coney Barrett tipped the scales in favor of the Conservatives.
The governor Andrew Cuomo had limited to ten the number of people who can meet in places of worship in “red zones” where the virus circulates a lot.
The court was speaking on requests from the Roman Catholic Diocese of Brooklyn and two synagogues.
By five votes to four, the Supreme Court ruled that these measures were contrary to the free exercise of religion protected by the First Amendment.
Previously, the court had ruled differently, having upheld similar restrictions in California, in May, and Nevada, in July.
This shift reflects the new balance of power at the Supreme Court since the arrival at the end of October of Amy Coney Barrett, a conservative Catholic judge appointed by the president Donald Trump after the death of Ruth Bader Ginsburg.
“Even during a pandemic, we cannot put aside and forget the Constitution. (…) The restrictions at play here, by preventing many in reality from attending religious services, go to the very heart of the protection of freedom of worship provided for by the First Amendment, ”says an extract from the Supreme Court judgment .
In fact, restrictions had already been relaxed in New York state pending the court verdict, according to NBC News.
Stephen Breyer, Sonia Sotomayor and Elena Kagan, like the President of the Court, John Roberts, issued a dissenting opinion, disagreeing with the judgment.
John Roberts felt there was no need to support the groups’ complaints given the governor’s hindsight.