CNA Staff, Oct 12, 2020 / 01:01 pm (CNA).- Two federal judges on Friday declined to block new restrictions on public worship in New York City, which both Catholic and Jewish leaders in the city had challenged in court.
The restrictions by Gov. Andrew Cuomo cap indoor religious services in Brooklyn and Queens at 10 people in the areas deemed most seriously affected by the coronavirus, and at 25 people depending on the density of virus cases or their proximity to a cluster. Gatherings in violation of the order could result in sponsors being fined $15,000.
The Diocese of Brooklyn sued Oct. 8 against Cuomo’s restrictions, which it said violated the Free Exercise clause of the First Amendment. A group of Jewish rabbis and synagogues had also sued, seeking to delay the new restrictions’ enforcement until after last weekend’s Sukkot celebrations.
The diocese alleged that Cuomo’s new health restrictions “arbitrarily reduce capacity” at churches which worked with public health officials earlier in the summer to reopen safely after the initial wave of the virus.
Bishop Nicholas DiMarzio of Brooklyn said Oct. 5 that Catholic churches in Brooklyn and Queens have not had “any COVID outbreaks or significant cases” since reopening July 5 at 25% capacity. The diocese has mandated face masks use and directed its over 200 churches to adhere to social distancing protocols.
Despite the diocese’ lawsuit, District Judge Eric Komitee ruled Oct. 9 that “the government is afforded wide latitude in managing the spread of deadly diseases” under Supreme Court precedent, and denied that the health order singled out houses of worship.
“There are entities treated better than religious institutions in the ‘red zone’ — namely, entities
deemed ‘Essential Businesses’ — but other entities treated more restrictively, such as restaurants and even schools, which are closed entirely (for in-person activities),” Komitee wrote.
Similarly, Judge Kiyo Matsumoto of the Federal District Court in Brooklyn ruled in the case brought by Jewish leaders that Cuomo’s order does not unconstitutionally target religious exercise.
Cuomo last week threatened to close religious institutions if they did not agree to and enforce public health rules proposed by the city, once the rules were enacted. Recent coronavirus outbreaks have taken place in Brooklyn, Queens, and the northern suburbs of New York City, and some of these areas have large Orthodox Jewish populations.
Cuomo has used photos of packed crowds of Orthodox Jews to argue for the restrictions. He said that failure to enforce existing laws had led to the renewed spike, and blamed localities for not enforcing social distancing rules and mask mandates.
“If you do not agree to enforce the rules, then we’ll close the institutions down. I am prepared to do that,” he said.
The 10-person restriction is one of the lowest caps on religious services in the country. San Francisco had been limiting outdoor religious services to 12 people, with indoor services prohibited, until early this month when San Francisco’s mayor announced that places of worship will be permitted to hold services indoors at 25% capacity, up to 100 people.
The Brooklyn diocese joined all other U.S. Catholic dioceses in halting public Masses in March to help slow the spread of the virus. The churches were closed for 16 weeks until July 5 when they were allowed by the state and city to reopen with precautions.
“We are seeking what is just. And we have kept parishioners safe and will continue to do so. Thus, there is no reason for this latest interference with our First Amendment right to celebrate Mass together, so we will continue to press the courts and our elected officials to end it as soon as possible,” Bishop DiMarzio said in an Oct. 10 statement.
Adding that the diocese will abide by the new restrictions, he said that “we will continue to fight to vindicate our fundamental constitutional rights, and we will continue to be a model for safety in our religious community. And by doing right and being right, we will prevail.”
Schools in parts of Rockland and Orange counties will close under the rules. On Oct. 5 Cuomo ordered schools in nine zip codes of Brooklyn and Queens to close. Although these zip codes represent 7% of New York City’s population, they have accounted for more than 20% of new coronavirus infections in the last four weeks.
Catholics schools in the Diocese of Brooklyn have asked Cuomo to permit its four schools in the areas to continue in-person learning. With a combined enrollment of over 1,000 students, they have had one confirmed case of Covid-19.
A federal judge ruled in June that New York cannot limit outdoor religious services during the pandemic, provided that attendees follow social distancing requirements. For indoor services, he said, the state has to make the same allowances for churches as it does for other businesses.
[…]
I’m sorry but the bishops don’t get to weigh in on our immigration crisis because they all share in the guilt of encouraging people to break the law by entering the USA illegally. And, in addition to that, the bishops profitted handsomely by this conspiracy to abet foreigners’ breaking our laws.
I’d suggest that Bishop Broglio try leaving the USA or entering any other country without a passport i.e. illegally and see what the consequences are.
Excellent point, Diogenes.
The bishops have blood on their hands. They have advocated for the illegal migration of millions into this country, which directly resulted in the deaths of thousands upon thousands of Americans due to drug overdoses, plus the sex trafficking of women and children.
Archbishop Broglio and his USCCB henchmen are complicit. It’s just one part of the legacy of Bergoglio.
(Also see: Rupnik, et al.)
I don’t believe the bishops see all sides of the border security issue, especially the tragic effects it’s had on Mexican communities plagued by cartel violence & extortion .Human smuggling just strengthens the cartels through profits & enables turf wars.
On the other hand, some who only see enforcing immigration law as a good in itself can miss the human suffering of those who are taken away from their work in our hotels, landscaping companies, & poultry processing plants. Most of these are otherwise decent folk who are trying to support their families back home & doing jobs many US citizens don’t want.
mrscracker, I do see your point about people wanting to come here to seek jobs and support their families. At the same time, how many of these people are holding jobs that are ‘off-the-books’ and are being paid slave wages? How many in the agriculture industry are picking crops and living in trailers moving from place to place as the seasons change- a totally peripatetic existence? How many jobs come with Workman’s Comp and health insurance? How many have fraudulently obtained drivers licenses and Social Security cards and then illegally vote in our elections as instructed by the DNC?
Let me tell you about someone I counseled in my Psychology practice a few years back. He came to the USA illegally and had to pay a huge sum of money to the cartel that guaranteed his safe passage. At first he was sending a good deal of the money he earned back to Mexico to support the wife and three children he left there. After he was here for a time, he began feeling lonely and he met an Hispanic woman who I guess sensed that he was a hard working guy and a good catch. She got pregnant. Now they are living together and the money he used to send back home stopped because few salaries can support two families. My guess is that his wife and three children are even more destitute than before, the children will be forgotten and will remain fatherless for their lives. Multiply this scenario hundreds of thousands of times. Illegal immigration is not only a crime; in my book it is a sin.
Yes, it certainly creates all kinds of opportunities for abuse & exploitation. That’s why I think we should try to normalize the immigration/work visa status for folks who are employed in our communities & have maintained clean records. It would also allow them to go home & visit their families on a regular basis instead of being stuck here & taking up with new partners.
The real criminals need to be deported ASAP but decent workers are an asset we shouldn’t take for granted. We’ll be competing soon with other nations for workers as our population ages.
I worked for years & years with no health insurance or benefits. Lots of people here live in trailers, not just Hispanic migrants. Agricultural workers are generally legal. I’ve heard that fewer Mexicans want those kinds of jobs these days. Mexico’s no longer a 3rd World nation but there are still pockets of poverty.
I think the bishops see the human suffering without balancing that with the terrible price Mexico pays for our enabling the cartels. The border needs to be secured & the smuggling ended as much as possible. But we can work with people already in the workforce & not try to channel Inspector Javert. There should be a legal, humane & reasonable solution.
Bishops have been paid for “resettlement”.
I am a CPA, if I have any interest in a potential audit client, I may not opine on their financial statements. Why? Because my independence is impaired.
Same here.
Every illegal has a criminal history.
There is a bizarre notion among invasion advocates that somehow if somebody enters illegally, that “laying low” exonerates, excuses or mitigates their illegal entry. I assure you that if you commit tax fraud, the IRS will not defer prosecution simply because you haven’t followed up your initial evasion with another.
This is CCC 2241.
Catechism of the Catholic Church 2241:
The more prosperous nations are obliged, to the extent they are able,
(We are no longer able to do so. We are “broke”. There are cultural and economic reasons that impair our ability to receive more-especially millions-even if they all entered legally)
to welcome the foreigner in search of the security and the means of livelihood
(Seeking our welfare state, and the drive by certain industries to maintain subpar wages is not security or means of livelihood)
which he cannot find in his country of origin. Public authorities should see to it that the natural right is respected that places a guest under the protection of those who receive him.
(The operative word here is guest. Guests are respectful of their host, the host’s abode, the host’s needs and do not attempt to become squatters)
Political authorities, for the sake of the common good for which they are responsible, may make the exercise of the right to immigrate subject to various juridical conditions, especially with regard to the immigrants’ duties toward their country of adoption.
(NOTHING is ever said about the responsibilities of the immigrants or those that violate our sovereignty or their duties)
Immigrants are obliged to respect with gratitude the material and spiritual heritage of the country that receives them, to obey its laws and to assist in carrying civic burdens.
(Rioting and insisting on open borders, flying foreign flags and running for office and prioritizing the needs of one’s own tribe, ethnicity, religion or country of origin is NOT respecting with gratitude the material and spiritual heritage of the country that receives them, obedience to its laws or the assistance with carrying civic burdens.) Ilhan Omar should simply not be in any position of authority.
Bishops seem to have forgotten the citizens of this country have rights and reasonable expectations of a government in protecting their rights as well-and they never seem to worry about our concerns in this regard.
I think Archbishop Broglio may be missing important actions of ICE. Incited by Trump’s MAGA insanity, and the complicit Sec. Noem, and Border Czar Homan, having caused uprisings nationwide. What was ICE’s charter? I heard that the order was to seek out criminals, cartels like MS13.
The criminal actions this week by ICE “officers” handcuffing Senator Alex Padilla and New York Comptroller Brad Lander proved that Trump, again, is out of control.
This week, the raids resumed on farms, meat processors, restaurants, and hotels. I have asked some GOP leaders, Senator majority leader, John Barrasso, GOP Whip and Bill Cassidy, why they remain silent. No response. Seems like nothing has changed.
Dear Pitchfork. I agree with most of your hypotheses. As a Catholic, I most always, favor the decisions of the Hierarchy. I try to refrain from disparaging them. The challenged Church needs the help of its faithful.
No question, migration and the asylum overload are the main causes of criminals entering the country. The text makes no mention of ICE and its mission. ICE appears to be thrust onto the scene. They show little compassion even to the migrants working in the fields. There is strong evidence that Trump’s ICE minions have been given free range. Noem and Homan are using a “scorched earth, slash-and=burn methods. Ex: just this week, Senator Alex Padilla and NYC Comptroller Brad Landon were handcuffed and released. ICE seems to be in every city, even my little city of Kingston, NY. I asked my GOP congressional reps “did Congress appropriate taxpayer money to fund ICE?” No reply. I am amazed that my GOP US reps have remained silent on many issues facing the nation.
Criminal and ruthless cartels, Tren de Aragua and MS13 are driving many of the migrants from their countries. They are in the US.
There have been forceful statements from the church.
Thank you
Mr Morgan, no one comes to our border without having paid off the cartels. And not a few migrants remain in debt to them and are extorted into drug smuggling. It’s a really ugly revolving door that we have cooperated with by not securing the border.
I feel sorry for hardworking migrants who are just here to support their parents and families but the bad ones need to go. Hopefully we can fix our system to reward the good workers and make future entry safe and legal.