{"id":143211,"date":"2020-12-29T04:37:31","date_gmt":"2020-12-29T01:37:31","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/manhattan-appeals-court-blocks-cuomos-religious-gathering-limits\/"},"modified":"2020-12-29T04:37:31","modified_gmt":"2020-12-29T01:37:31","slug":"manhattan-appeals-court-blocks-cuomos-religious-gathering-limits","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/manhattan-appeals-court-blocks-cuomos-religious-gathering-limits\/","title":{"rendered":"#Manhattan appeals court blocks Cuomo’s religious gathering limits"},"content":{"rendered":"

“#Manhattan app<\/a>eals court blocks Cuomo’s religious gathering limits<\/strong>”
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The federal appeals court in Manhattan on Monday struck down New York Gov. Andrew Cuomo\u2019s pandemic-related executive order setting capacity limits at houses of worship \u2013because it \u201cdiscriminates against religion on its face.\u201d<\/p>\n

The three-judge panel on the US Court of Appeals for the Second Circuit unanimously sided with the Roman Catholic Diocese of Brooklyn, the Orthodox Jewish group Agudath Israel of America and two synagogues\u00a0who had sued Cuomo over the Oct. 6. attendance caps.<\/p>\n

\u201cThe restrictions challenged here specially and disproportionately burden religious exercise,\u201d and violate the Free Exercise Clause of the First Amendment, Circuit Judge Michael Park wrote in the ruling.<\/p>\n

\u201cWe conclude that [Cuomo\u2019s] Order discriminates against religion on its face.\u201d<\/p>\n

The governor had limited religious gatherings to fewer than 10 people or 25 percent capacity in \u201cred\u201d zones, where the risk of COVID-19 was highest, and to 25 people or 33 percent capacity in slightly less risky \u201corange\u201d zones.<\/p>\n

The plaintiffs argued that the restrictions trampled on their religious rights, causing them \u201cirreparable harm,\u201d and unfairly targeted them while businesses deemed essential were allowed to operate.<\/p>\n

The court agreed, with Park, a President Trump appointee, noting that: \u201cNo public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal.\u201d<\/p>\n

The decision came about a month after the U.S. Supreme Court issued a temporary injunction blocking the capacity limitation order from being enforced.<\/p>\n

The majority of the court had said the restrictions \u201cstrike at the very heart of the First Amendment\u2019s guarantee of religious liberty,\u201d and that \u201ceven in a pandemic, the Constitution cannot be put away and forgotten.\u201d<\/p>\n

At the time, the governor said the ruling was \u201cirrelevant\u201d since some of the restrictions were lifted as COVID-19 outbreaks in the areas in question eased.<\/p>\n

\u201cIt\u2019s irrelevant of any practical impact because of the zone they were talking about is moot. It expired,\u201d the governor said, adding, \u201cIt doesn\u2019t have any practical effect.\u201d<\/p>\n

\u201cThat situation just doesn\u2019t exist because those restrictions are gone.\u201d<\/p>\n

Still, the plaintiffs hailed Monday\u2019s ruling, with Avi Schick, a lawyer for Agudath Israel, saying the decision \u201cwill be felt way beyond the COVID context.\u201d<\/p>\n

\u201cIt is a clear statement \u2026 that government can\u2019t disfavor religious conduct merely because it sees no value in religious practice.\u201d<\/p>\n

The diocese, meanwhile, was \u201cgratified\u201d by the ruling, and will welcome parishioners to mass \u201cunder strict protocols\u201d that keep them safe, said its attorney, Randy Mastro.<\/p>\n

Cuomo\u2019s office didn\u2019t immedia<\/a>tely respond to requests for comment.<\/p>\n

Additional reporting by Carl Campanile<\/em>\n <\/div>\n

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Source<\/a><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

“#Manhattan appeals court blocks Cuomo’s religious gathering limits” The federal appeals court in Manhattan on Monday struck down New York Gov. Andrew Cuomo\u2019s pandemic-related executive order setting capacity limits at houses of worship \u2013because it \u201cdiscriminates against religion on its face.\u201d The three-judge panel on the US Court of Appeals for the Second Circuit unanimously…<\/p>\n","protected":false},"author":1,"featured_media":143212,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/nypost.com\/wp-content\/uploads\/sites\/2\/2020\/12\/andrew-cuomo-0.jpg?quality=90&strip=all&w=1200","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[87956,70430,1545,70344,71434,71012,75558],"class_list":["post-143211","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-12-28-20","tag-andrew-cuomo","tag-coronavirus","tag-coronavirus-in-ny","tag-courts","tag-religion","tag-religious-freedom"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/143211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=143211"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/143211\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/143212"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=143211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=143211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=143211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}