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Constitutional Law Keyed to Chemerinsky
Roman Catholic Diocese of Brooklyn v. Cuomo
Citation:
592 U.S. ___ (2020)Facts
In October 2020, Governor Andrew Cuomo issued Executive Order 202.68, which established a color-coded system of COVID-19 restrictions in New York. In designated “red zones,” religious services were limited to 10 people maximum, while in “orange zones,” attendance was capped at 25 people, regardless of building capacity. However, businesses deemed “essential,” including acupuncture facilities, liquor stores, and bicycle shops, faced no similar occupancy restrictions. The Roman Catholic Diocese of Brooklyn, which operates churches in areas designated as red and orange zones, challenged these restrictions as discriminatory against religious institutions, noting that their churches could seat hundreds and had complied with all previous health protocols without any COVID-19 outbreaks.
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