December 4, 2020
Supreme Court Uphold Religious Liberty in Times of COVID
After nearly nine months of political leaders shutting down our religious freedoms, the Supreme Court dealt a win to people of faith just in time for Thanksgiving. In a 5-4 decision, the Court issued injunctive relief to two New York religious organizations who were denied their Constitutional rights.
Agudath Israel of America and the Roman Catholic Diocese of Brooklyn sued New York’s Governor Andrew Cuomo because of the blatant discriminatory COVID restrictions on religious institutions. Gov. Cuomo created color-coded zones across the city that imposed differing limitations on everyday operations. Both religious organizations were deemed to be in high-risk areas which severely limited the number of people who could enter their buildings even with sanitary protocols in place. However, nearby businesses such as liquor stores and marijuana dispensaries were allowed to operate as usual because they were deemed as “essential”.
President Trump’s three Supreme Court confirmations, Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett were part of the majority along with Justices Clarence Thomas and Samuel Alito. Justice Gorsuch perhaps had the harshest critique of the Governor’s actions:
Government is not free to disregard the First Amendment in times of crisis. …the Governor has chosen to impose no capacity restrictions on certain businesses he considers “essential.” And it turns out the businesses the Governor considers essential include hardware stores, acupuncturists, and liquor stores. Bicycle repair shops, certain signage companies, accountants, lawyers, and insurance agents are all essential too. So, at least according to the Governor, it may be unsafe to go to church, but it is always fine to pick up another bottle of wine, shop for a new bike, or spend the afternoon exploring your distal points and meridians. Who knew public health would so perfectly align with secular convenience?
The only explanation for treating religious places differently seems to be a judgment that what happens there just isn’t as “essential” as what happens in secular spaces. Indeed, the Governor is remarkably frank about this: In his judgment laundry and liquor, travel and tools, are all “essential” while traditional religious exercises are not. That is exactly the kind of discrimination the First Amendment forbids.
This is a great example of what a Republican majority in the U.S. Senate has given us over the last few years. With the stalemate in the House, conservative legislation has been nearly impossible to get to the President’s desk. However, the Senate has been responsible for confirming three judges to the Supreme Court who are not swayed by the whims of a culture that wants to dismantle our nation’s freedoms. They are more than willing to uphold our rights as Americans for generations to come.
Eagle Forum applauds the Supreme Court’s decision to uphold religious liberty and is working hard to secure more victories like this by securing a Republican majority in the Senate. That majority is dependent on the run-off Senate races in Georgia. You can get involved in that effort here.
