The filing is the latest pitting religious groups against city and state officials seeking to stop the spread of Covid-19 and could highlight the impact of Justice Amy Coney Barrett on the court.
A district court said the diocese had been “ahead of the curve” enforcing safety procedures but declined to block the order.
The diocese charges that the October 6 executive order allows 10 to 25 people in some zones in the building regardless of the capacity of the house of worship, but allows many secular businesses to operate without restrictions.
“In short, the pandemic alone cannot justify overbroad, untailored closure orders of indefinite duration directed at all houses of worship, that in another time would plainly be found to violate the Constitution,” lawyers for the diocese told the justices.
Source link