First Liberty



The Essential Fight For Our Houses of Worship Continues...
This Time in New York

Yesterday, First Liberty Institute (FLI) filed a friend-of-the-court
brief in The Roman Catholic Diocese of Brooklyn v. Cuomo, a case in
which the Brooklyn Diocese has asked the U.S. Supreme Court to grant
an emergency injunction against restrictions on houses of worship
ordered by New York Governor Andrew Cuomo.

"Governor Cuomo's orders unlawfully target religious worship and
violate the First Amendment," said FLI Senior Counsel, Stephanie Taub.
"Courts must be vigilant to protect fundamental individual liberties
for all Americans, especially during a time of crisis. Courts must
meaningfully review any order that singles out religious worship as a
category for its own unique and burdensome restrictions."

Governor Cuomo's latest Executive Order imposes restrictions on
houses of worship while favoring well over one hundred secular,
for-profit activities over religiously-motivated activities.

Attendance at houses of worship is capped at 10 or 25 people in
certain areas, while a wide range of for-profit activity in these
areas are not subject to any capacity limitations at all.

In response, the Brooklyn Diocese argues that COVID-19 restrictions
imposed by Governor Cuomo violate its constitutional right of
religious freedom.

In our brief, we urge the Supreme Court to grant the emergency
injunction "to correct the lower courts' widespread
misinterpretation" of its opinion in South Bay United
Pentecostal Church v. Newsom issued earlier this year.

Taub further explains, "lower courts across the country are
misconstruing the South Bay opinion to hold that normal principles of
constitutional law do not apply during a prolonged pandemic. Courts
have granted an unprecedented level of deference to government
officials to impose unequal and discriminatory restrictions on
religious exercise, functionally holding that decades of religious
liberty precedents are indefinitely on hold. South Bay stands for no
such thing."

To read our brief, and stay up-to-date on the latest stories from the
frontlines, please visit [link removed]
 

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