Amy Coney Barrett, the newest member of the U.S. Supreme Court, did not personally explain her vote to reverse a previous court opinion that had given states great leeway in limiting attendance at worship services as a way to combat the pandemic.
But the 5-4 decision in which Barrett obviously cast the deciding vote rightly argued not only for the primacy of the First Amendment’s guarantee of religious liberty but also the commonsensical notion that a church should not be held to a tougher standard than a pet shop.
The case in question came out of New York, where the state had set up tiered attendance limits for churches depending on the severity of the COVID-19 outbreak where they are located. In the two highest risk areas, the state had capped attendance at 10 or 25, regardless of the size of the house of worship.
Even in a pandemic, the majority’s opinion noted, “the Constitution cannot be put away and forgotten.” Indeed, it is precisely during a crisis when fidelity to the nation’s bedrock freedoms get their sternest test. The court majority passed that test.
