The United States Supreme Court in split rulings on Friday night ruled that houses of worship in California could hold closed services with a 25% capacity, giving partial victory to groups struggling with state restrictions on coronavirus, according to reports.
The court issued orders in two cases in which the plaintiffs filed lawsuits because of restrictions aimed at reducing the spread of the virus.
Houses of worship will be allowed to restrict songs and chants during services, the court said.
Judges Neil Gorsuch and Clarence Thomas reportedly lifted all restrictions on churches, while the court’s three liberal judges disagreed.
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“Even if an entire congregation singing hymns is very risky, California does not explain why even a single masked singer cannot lead the service behind an acrylic mask and shield,” wrote Gorsuch, according to Politico. “Or why even a lonely muezzin cannot sing the call to prayer from a remote location inside a mosque while the faithful line up.”
Judge Elena Kagan, in a joint dissent with Judges Stephen Breyer and Sonia Sotomayor, called the decision “armchair epidemiology”.
“According to the Court’s injunction, the State should instead treat worship services as secular activities that pose much less danger,” she wrote. “This mandate challenges our criteria, exceeds our judicial role and risks worsening the pandemic. In the worst public health crisis in a century, this onslaught in armchair epidemiology cannot end well.”
Chief Justice John Roberts and Judge Amy Coney Barrett, who was confirmed last fall, advocated a compromise before lifting all restrictions on religious meetings, according to Politico.
“The state concluded, for example, that singing indoors presents a high risk of Covid-19 transmission,” wrote Roberts. “I see no basis in this record to replace that aspect of the state’s public health structure.”
“At the same time, the current state determination – that the maximum number of adherents who can safely adore in the most cavernous cathedral is zero – seems to reflect not skill or discretion, but rather insufficient appreciation or consideration of interests in game.”
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The ruling follows a decision last year in which judges split 5-4 over New York’s ban on imposing certain frequency limits on churches and synagogues. Shortly after, the judges asked a federal court to review a similar case over California restrictions in light of the ruling.
The Associated Press contributed to this report.