Federal Court Hands Cuomo Loss, Ends Church Capacity Limit

Delta News Hub via Wikimedia Commons

A federal appeals court struck down New York Gov. Cuomo’s unconstitutional restriction which placed capacity limits on houses of worship. The three-judge panel ruled that the restriction “discriminates against religion on its face” by setting unfair restrictions on churches and synagogues while businesses considered essential were allowed to operate.

The restrictions limited the size of religious gatherings to 10 people or 25% capacity in so-called virus “red” zones, and to 25 people or 33% capacity in “orange” zones. The Roman Catholic Diocese of Brooklyn, the Orthodox Jewish group Agudath Israel of America, and two synagogues sued the state over the order, arguing that it directly violated their Constitutional right to free exercise of religion.

In a report from The Daily Wire:

“The restrictions challenged here specially and disproportionately burden religious exercise,” and violate the First Amendment, the court ruled. “We conclude that [Cuomo’s] Order discriminates against religion on its face.”

“No public interest is served by maintaining an unconstitutional policy when constitutional alternatives are available to achieve the same goal,” the ruling continued.

This isn’t the first time the courts have knocked down Gov. Cuomo’s overreach of authority. In a November 5-4 ruling, the Supreme Court backed the challenge to Cuomo’s edict. At the time, Cuomo had dismissed the court’s ruling as “irrelevant of any practical impact because of the zone they were talking about is moot.”

“Not only is there no evidence that the applicants have contributed to the spread of COVID–19 but there are many other less restrictive rules that could be adopted to minimize the risk to those attending religious services,” the Supreme Court decision said. “Among other things, the maximum attendance at a religious service could be tied to the size of the church or synagogue. Almost all of the 26 Diocese churches immediately affected by the Executive Order can seat at least 500 people, about 14 can accommodate at least 700, and 2 can seat over 1,000. Similarly, Agudath Israel of Kew Garden Hills can seat up to 400. It is hard to believe that admitting more than 10 people to a 1,000–seat church or 400–seat synagogue would create a more serious health risk than the many other activities that the State allows.”

“Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area,” the ruling asserts. “But even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty. Before allowing this to occur, we have a duty to conduct a serious examination of the need for such a drastic measure.”

A win for the First Amendment!



  1. It’s about time someone stomped on this arrogant little man’s toes! He’s a narcissist ( an inflated sense of his own importance)

    1. I applaud this decision and hope others will reject Cuomo’s over-reaction. Although I am not a particularly religious person, I respect the beliefs and rights of others. For many people, their attendance at a religious ceremony is a very important part of their lives, especially at a time of such unsettling events. I get that we’re all a little paranoid about the Covid spread, but I think it is very unfair to disallow their attendance at church.

    1. That’s another area where people should file lawsuits NOW. Did you know that there is no proof at all that restaurants cause Covid-19 to spread quicker? Did you know that there is no proof that Covid-19 can be spread through food? If food is handled properly, which is regulated by ALL RESTAURANTS according to Food Handlers criteria, then no one should get sick at all. Restaurants are set to have all silverware and dishes washed at a certain temperature. Food has to be stored at a certain temperature. Food has to be heated at a certain temperature. Everything is to be done according to the Food Handlers License requirements, and if not, then they lose their license to serve food.
      Reopen the Restaurants and use precautions for social distancing.

    2. “Don’t blame it on me. I am not guilty you see.” That is what Trump should be saying. After all he did not develop the Covid Virus. It was China which the News Media refuse to admit, primarily because they have investments in China.; They are loyal to China, not us, so they ignore the truth and attack Trump whom is innocent. His Warp Speed Vaccination program will likely save Millions and millions of lives, but will they humbly acknowledge this? No! We need Trump in office to protect us from China and the greedy bastards who support them over us!

  2. And this Moron is thinking of running for President?
    Trouble is he probably will and has a chance of winning.
    That’s if our Country is still viable in 2024.

    1. I think this decision will affect the opinion of a lot of people. Taking away our religious freedom is a very unpopular option, especially at a time when people are feeling most in need of it.

      1. And it will lead to the 2nd Ammendment to come out in full force. These Liberals better be ready for LAW ABIDING CITIZENS of the Country to PROTECT their Constitutional RIGHTS !!!

  3. SKRU Cuomo and his brother Fredo … both can take a flying leap at a rolling doughnut ! They think they are demigods well they really are DIPPYSHITS !

      1. They need new reliable voting machines none of which are Dominion. We also need Thumb Print ID’s registered in a National Data base and compared to each ballot we vote. Catch the thieves and cut out the fraud!

    1. We have all found out this year that “voting” doesn’t matter. The Voting machines are all programmed by Democrats!!

  4. Where is his mask? If I one needs to hide ugly with a face that could stop a clock.
    It is St. Andrew of COVID.
    I hope you rot in hell!
    P.S.
    Take your little girl brother the Sallyman or Marylou…. Whatever his name is.
    You are getting closer and closer to the inferno regions.
    BURN BABY BURN!

    1. A lot of Italians will take offense to the word wop Equivalent to the “N” word for a Black man. Cuomo is a traitor, a thug and a communist. Not all Italians are bad people. Rudy Giuliani was a very good Mayor.

      1. Too many folks are taking exceptions to words that are truthful, but not racial. Why if you refer to someone as Gay they are ready to lock you up. But, in many old movies a lot of folks are referred tom as Gay Blades and it was non sexual, but simply meant happy go lucky. It like Nevada. I grew up watching scores of movies and politicians whom referred to Nevada as Nevada, not Navady. The English language is being decimated.(Hope that is spelled right)

  5. This man needs to be taken out of office, he acts like his god, I
    know GOD and HE sure as hell it is NOT CUOMO!!!

      1. It is actually a crime to allow any man with dementia to run for anything higher than a garbage collector. He’s not even capable of doing that with efficiency. He’s also guilty of high crimes and misdemeanors from his non-dementia days.

  6. About time someone put this radical,liberal,jackass in his place. I can’t understand why they haven’t put out a petition, to recall this arrogant, stooge, along with his sidekick comcrade diblasio. How much more destruction of a state, has to be done before the people finaaly do something,never, I guess.?

  7. The worst Governor New York has ever had, except for his father, Mario…he sucked too !!! Mario almost destroyed New York when he was governor …now his arrogant son gets elected so he can finish the job…

  8. The Powers that Be only want to CONTROL THE MASSES. They have no care about people dying, because if they did they would stop sending people who are recovering from Covid-19 and live in Nursing Homes, back to the Nursing Homes, to infect the other residents, which results in the largest death toll for any state in the Union. It’s all about POWER AND CONTROL! We The People should have a choice to go to any place of worship we wish, at any time we wish, and as many people as we wish. If someone is afraid to go, then stay home.

  9. Gyms, Restaurants, and Hair Salons, as well as Nail Salons, and bars should file lawsuits. If shopping centers for food and hardware can stay open, then so can all of these other places, with precautions in place.

  10. Cuomo is the perfect example of what the Democrats think about the Constitution. They are not interested in what it says or means. The Constitution was written by the Founders of our Country. Those people had suffered under the tyrannical rule of King George III and knew the abuses against them by a foreign monarch.
    THE CONSTITUTION IS BY LAW, A LIST OF ACTIONS THE GOVERNMENT CANNOT ENFORCE AGAINST THE PEOPLE; IT IS TO PROTECT THE CITIZENS FROM THE ABUSE OF GOVERNMENT. IT GIVES US RIGHTS THAT CANNOT BE TAKEN AWAY. IF ANY OF THOSE RIGHTS ARE RESTRICTED, THE GOVERNMENT MUST CORRECT ITS WRONGFUL ACT AND IF A CRIME IS INVOLVED, REMEDIES ARE INDICATED. MOST OF ALL, IT CANNOT ENFORCE ACTIONS AGAINST ANY PERSON OR GROUP OF PERSONS THAT IT DOES NOT ENFORCE AGAINST ALL PERSONS EQUALLY.
    IT STARTED WITH LOCKDOWNS, LIMITING ATTENDANCE AT SOCIAL AND RELIGIOUS GATHERINGS AND EVENTS, REFRAINING FROM CELEBRATING ANNIVERSARIES AND HOLIDAYS WITH FAMILY AND FRIENDS. FORCING SOME BUSINESSES TO CLOSE OR DO BUSINESS ON THE STREET WHILE ALLOWING OTHER BUSINESSES TO OPEN. THREATENING LEGAL ACTION IF PEOPLE DO NOT WEAR MASKS WHEN IN APPROXIMATION WITH OTHER PEOPLE AND THEN BEING REQUIRED TO WEAR A MASK ALONE IN YOUR CAR, AND CURRENTLY DEMANDING PEOPLE WEAR THESE MASKS INSIDE THEIR OWN HOMES. WE ARE NOW SEPARATING PEOPLE BY CLASSES OF WHO IS ESSENTIAL AND WHO IS NOT. THEREBY CREATING A SECTION OF THE POPULATION THAT MAY BE CONSIDERED SO NON-ESSENTIAL THAT THEY COULD BE ELIMINATED. (NAZI GERMANY COMES TO MIND)
    YET WHILE RESTRICTING THE MOVEMENTS AND THE LIVES OF AMERICAN BORN CITIZENS, PROPOSING TO OPEN THE DOORS TO UNDOCUMENTED
    FOREIGNERS (they dislike the true designation of ILLEGAL ALIENS) to fill the jobs that have been held by those of us now considered NON-ESSENTIAL

    Obama, Schumer, and Pelosi are all leading the effort with Cuomo and the rest of the Democrat Party to abolish the CONSTITUTION so they CAN CONTROL OUR LIVES; OUR JOBS, OUR CHILDREN, WHERE WE LIVE, WHO WE MARRY, EVERYTHING THAT AMERICA HAS STOOD FOR OVER THE PREVIOUS 244 YEARS IS NOW AT RISK, we cannot allow that, we were born free men and would perish under their heels.

    1. I never voted for his sorry butt. You can blame NYC and Albany for that. I don’t understand how some can be so stupid.

  11. Cuomo, along with DeBlasio, have managed to destroy New York City. He also is responsible for thousands of deaths because he sent covid positive people back into nursing homes. He is completely incompetent and is destroying his state, yet he thinks he has done a great job. Let’s hope New Yorkers use their brains and dump this guy as soon as possible.

  12. Cuomo is a world class A-hole. My God we have Cuomo (s), Biden and de Blasio. I couldn’t put together a bigger group of losers to be in charge of anything.

  13. New Yorkers love this guy
    New Yorkers love AOC
    New Yorkers love Schumer
    New Yorkers love DiBlasio
    New Yorkers love Alex Baldwin
    If you’re a goofball, New York voters somehow relate to you!!!

  14. From what I have gathered he runs his Office like a gestapo. Screams at everyone and is is quite nasty! And hits on pretty girls. Dreadful man. Same as his brother!

  15. Why is it that whenever restrictions like this one by the NY bully no mention is made of Mosques. I guess there is fear Muslims will retaliate unlike Catholics and Jews. I also love it when the big mouth NY bully is shot down.

  16. This Joke of a Govenor needs to be Arrested for KILLING at least 5000 seniors. He shouldn’t get baway with his crime. Come on people, yell it loud that he needs to pay for HIS crime.

Comment

Your email address will not be published.

By submitting this form, I hereby consent to TrumpTrainNews.com's Terms of Use and Privacy Policy, which permits TrumpTrainNews.com and its affiliates to contact me.