Gail Johnson was heading into church in Brooklyn on Thanksgiving morning. She goes to mass every day. 

“If we can go to strip clubs and discos and gyms or whatever, why can’t I go to mass and pray to my God? I don’t understand that,” she told NY1. “I go to mass every day. I pray for my blessed mother’s soul.”


What You Need To Know

  • Wednesday night the U.S. Supreme Court temporarily tossed out restrictions on the number of people who can gather in houses of worship in red and orange zones

  • Cuomo called the decision "moot" and "political"

  • Two religious groups sued after a red zone was put in place in Brooklyn in October. That zone no longer exists.

Now in some areas hit hard by COVID-19 other parishioners may be able to do the same — perhaps pews could fill up a bit more. 

A Supreme Court decision late Wednesday night temporarily struck down specific restrictions on religious gatherings in New York after both the Roman Catholic Diocese of Brooklyn and Agudath Israel of America sued. They sued over restrictions in red and orange zones by Governor Andrew Cuomo, which limited the number of people in houses of worship to 10 and 25. 

In a 5 to 4 decision, the court found Cuomo’s rules were "far more restrictive than any COVID–related regulations that have previously come before the Court” and "much tighter than those adopted by other jurisdictions.” It said they were more "severe than has been shown to be required to prevent the spread of the virus.”

“These rules were, we felt, number one, arbitrary, but more to the point deprived many, many people of the opportunity to go to a house of worship,” said Rabbi David Zwiebel, executive vice president of Agudath Israel of America. 

“It's not about forcing people to come to church,” said Bishop Nicholas DiMarzio of Brooklyn. “It's about giving them the right to come when they wish to come, and that’s a First Amendment right.”

The decision was a reversal for the court, which had previously upheld restrictions on religious services in California and Nevada. 

That was a different court. Justice Amy Coney Barrett shifted the balance to more conservative.

In a conference call with reporters on Thanksgiving morning, the governor dismissed the decision as moot, saying the Brooklyn red zone that groups were suing over no longer exists. He called the decision political and said it had no practical implications. 

“It's irrelevant from a practical impact because the zone that they were talking about has already been moved,” Cuomo said. "It expired last week. I think this was really just an opportunity for the Court to express its philosophy and politics.”

Cuomo administration officials told NY1 they were reviewing the decision and how it might affect state regulations. Officials said capacity limits will still be required for religious institutions in areas with high rates of COVID-19. 

This fight will continue in an appeals court so it may not be the final word on how many people can gather to pray during a pandemic. 

None of it will stop Johnson. 

“It’s six feet apart. As long as I have my kneeler and I can say my rosary, I’m good,” she said.