Bishop Scharfenberger praises Supreme Court decision on religious services

Calling worship “essential,” Bishop Edward B. Scharfenberger praised the Supreme Court’s ruling last week that New York State and Gov. Andrew Cuomo could not impose congregation limits on religious services that were intended to stop the spread of the coronavirus.

“We have an obligation to do everything we can to protect one another from the threat that the coronavirus poses. At the same time, we welcome this decision that upholds the First Amendment’s free exercise clause. Food and drink for the soul are as essential as food and drink for the stomach,” Bishop Scharfenberger said in a statement on the 5-4 decision.

The Diocese of Brooklyn and two Orthodox Jewish synagogues in separate filings appealed to the nation’s high court, claiming the governor’s executive order violated their free exercise of religion and was particularly unwarranted during a time when area businesses were open.

Chief Justice John Roberts dissented, along with Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. Justice Amy Coney Barrett, who replaced Justice Ruth Bader Ginsburg who died in September, played a key role in the narrow decision. This summer, the court, in another 5-4 decision with a different bench, one that included Ginsburg, upheld Nevada’s limits on congregation sizes, denying a request by a Nevada church for permission to have larger gatherings, like those permitted in the state’s casinos, restaurants and other businesses. 

The New York State Catholic Conference (NYSCC) called the ruling a win for “religious liberty.”

“(The) decision by the Supreme Court is an important one for religious liberty,” said Dennis Poust, communications director for the NYSCC. “While we believe, and the Court agreed, that the “hot zone” restrictions on religious gatherings were unduly harsh, our churches have been otherwise eager partners with the state in protecting the health of our parishioners, clergy, staff, and surrounding communities during this devastating pandemic. That will continue, as protecting the vulnerable is a pro-life principle. We are proud of the success we have had in keeping our people safe.”

Brooklyn Bishop Nicholas DiMarzio noted the governor’s restrictions “were an overreach that did not take into account the size of our churches or the safety protocols that have kept parishioners safe. Catho­lics in Brooklyn and Queens have adhered to all COVID-19 safety protocols to attend Mass and receive the Eucharist. Our churches have not been the cause of any outbreaks.”

He stressed that the diocese took its plea to the nation’s highest court “because we should be considered essential, for what could be more essential than safely gathering in prayer in a time of pandemic.”

“Now, with the benefit of the Supreme Court’s ruling,” he said, “we look forward to continuing the fight in the lower courts to ensure that these unconstitutional restrictions are permanently enjoined once and for all.”

The Diocese of Brooklyn filed an emergency application with the U.S. Supreme Court on Nov. 12 for an injunction against the governor’s executive order limiting in-person congregations at houses of worship to 10 or 25 people but allowing “numerous secular businesses to operate without any capacity restrictions.”

The Brooklyn Diocese first went to federal District Court in October to seek emergency relief from Cuomo’s new restrictions, announced Oct. 6, on houses of worship in response to a spike in COVID-19 cases in densely populated ZIP codes he identified as “hot zones.” He said the state was creating three zones — red, orange and yellow — each with different restrictions, including on the size of congregations.

Some Catholic parishes in the Brooklyn Diocese were in the red zone, meaning their churches were forced to reduce capacity to a maximum of 10 people inside at one time, and some were in the orange zone, where only 25 people at one time can attend Mass. A yellow zone designation meant a 50 percent capacity. The court’s unsigned opinion blocks the state from enforcing these limits on attendance while the Brooklyn Diocese and the synagogues continue their battle with the U.S. Court of Appeals for the 2nd Circuit. The case could potentially return to the Supreme Court for a final decision on its merits. — With CNS