Cuomo says court’s ruling on house of worship capacity indicative of justices’ philosophies

Robert Pelaez
Gov. Andrew Cuomo introduced proposed changes to New York elections and ballots during his 2021 State of the State. (Photo courtesy of Wikimedia Commons)

Gov. Andrew Cuomo said he respects the right of people to practice religion in the manner they see fit, but stressed the importance of remaining safe from the coronavirus pandemic after the U.S. Supreme Court overruled state restrictions on capacity in houses of worship last week.

The 5-4 ruling, which featured newly inducted Justice Amy Coney Barrett, was made last Wednesday night and said capacity limits on churches, synagogues and other houses of worship violated the free exercise clause of the First Amendment. 

“I think that Supreme Court ruling on the religious gatherings is more illustrative of the Supreme Court than anything else,” Cuomo said Thursday. “I think this was really just an opportunity for the Court to express its philosophy and politics. It doesn’t have any practical effect.”

Cuomo said the rules being challenged were no longer in effect in the areas where the suits were filed.

Cuomo, a product of a religious upbringing, said his initial limit on places of worship was not intended to deter people from expressing their beliefs, but rather to encourage safety.

“I fully respect religion and if there’s a time in life when we need it, the time is now, but we want to make sure we keep people safe at the same time,” Cuomo said. “That’s the balance we’re trying to hit, especially through this holiday season and the coming Christmas, Hanukkah, Kwanza, et cetera celebrations.”

Cuomo previously imposed regulations of 10- and 25-person capacity limits on houses of worship throughout the state in efforts to avoid those gatherings turning into superspreader events.  In October, state officials noted that some hot spots in New York coincided with communities with Orthodox Jewish populations such as Brooklyn. 

Steve Markowitz, a Great Neck resident who served as the chairman of the board of directors at the Nassau County Holocaust Memorial and Tolerance Center for eight years,  said he is in favor of restrictions on religious gatherings, with the proper backing behind them.

“While I am a very strong believer in freedom of religion, and separation of church and state, I also think in times of national health emergency like now, that sensible, reasonable and science-based restrictions on large gatherings should prevail,” Markowitz said. “Remember, it is not just those at a religious service, political rally, [or] other large gatherings who are at risk; it is also everyone that they might be in contact with once they leave.”

Markowitz said he would extend the restrictions beyond religious institutions to all “comparable gatherings,” including indoor settings where people are talking, singing or performing in front of others.

Great Neck, which was deemed a yellow zone by Cuomo last week, has had its fair share of controversy over what role religion plays when it comes to the virus.

According to Cuomo, yellow zone restrictions allow for nonresidential indoor or outdoor gatherings of up to 25 people and residential gatherings of up to 10 people.  Places of worship are capped at half capacity and restaurants are required to limit tables to no more than four people. Schools are permitted to remain open but are required to test 20 percent of in-school students and staff members each week.

As of Saturday, the most recent figures posted by the state Health Department, the Great Neck peninsula had a seven-day average positivity rate of 3.01 percent. The Village of Kings Point, a micro-hot spot within the peninsula, had 370 cases as of Tuesday. The 370 cases translated to more than 71 cases per 1,000 residents, third-highest in Nassau County.

A Great Neck News article titled “Religion an issue in Great Neck’s coronavirus discussion” on Oct. 14 outlined concerns that residents, government officials and religious officials shared about the spread of the virus.

“The fact is COVID-19 does not discriminate,” Village of Great Neck Mayor Pedram Bral said. “It infects and, unfortunately, takes the lives of many without any regard for race, creed, religion, or political agenda.”

Comments posted online about the Oct. 14 article included those who blamed the Orthodox communities for the spread of the virus due to allegations of hosting religious services in residential homes, which violated previous state rules. 

“The Orthodox Jewish Community are not wearing masks, they are partying and doing whatever they do in large groups,” Laura Ann Schnall commented. “What’s so disgusting is they have a choice! They are wealthy! They don’t have to be so selfish!”

Schnall, who said she was Jewish, said she was frustrated with people’s “disgraceful disrespect and disregard for their neighbors.”

Bonnie Salkind replied below Schnall’s comment, agreeing with her statement and implored people to “stop crying anti-semitism as an excuse to not follow good procedures.”

“My friends and I have not seen each other for months and barely go out,” Salkind said. “I am Jewish but I follow ‘rules’ and don’t feel my freedom is taken away.”

A Great Neck News article titled “Residents irked by lack of mask wearing, enforcement as COVID-19 cases increase throughout village” published on Sept. 30, received a comment from a resident of the peninsula, Nina Gordon, who criticized people holding large gatherings and cited Persian weddings as one example. 

Gordon’s comment was followed by one from an online user with the name “Seymore Butts” who said, “If you or whoever doesn’t like the fact that people in Great Neck don’t wear masks, put your house up for sale and move to another town or country like China that adheres to masks. If you choose to stay in Great Neck, stay indoors, and zip your mouth.”

Another online user with the name “NonPersian Observer” accused Gordon of shaming the Persian community and Bral for an alleged lack of effort.

“No other mayor in Great Neck has informed the public about how to stay safe during the Covid pandemic more than Bral,” the user wrote. “It seems that your goal is to shame the Persian community, when noncompliance is not limited to one group.”

Other members of the Great Neck community outlined instances of children, adults and teenagers of varying races and religious affiliations who were not wearing masks and complying with social distancing mandates.

“It’s not just the Orthodox Jews or Iranian Jews,” one person who lives near a Great Neck North school commented. “If you single out any religion or culture you’re a racist and a moron. I have security camera footage of all the children who walk past my house to go to school. Most of the students (and adults) who aren’t wearing masks aren’t even Jewish.”

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