‘Do as I say, not as I do’

Richard A. Sokerka

Last week a statement from the U.S. Department of Justice (DOJ) and a ruling by U.S. District Court Judge Gary Sharpe found it was illegal for N.Y. Gov. Andrew Cuomo (D) and New York City Mayor Bill de Blasio (D) to limit religious worship services over the coronavirus while condoning and encouraging massive anti-police brutality protests.

Judge Sharpe sharply rebuked Cuomo and de Blasio for giving “preferential treatment” to thousands of protesters marching night after night in the streets — clearly violating social-distancing rules to curb COVID-19 — while aggressively enforcing limitations on religious gatherings.

“Gov. Cuomo and Mayor de Blasio could have just as easily discouraged protests, short of condemning their message, in the name of public health and exercised discretion to suspend enforcement for public safety reasons instead of encouraging what they knew was a flagrant disregard of social distancing rules,” wrote Sharpe. “By acting as they did, Gov. Cuomo and Mayor de Blasio sent a clear message that mass protests are deserving of preferential treatment” under the First Amendment.

Sharpe also said worshippers’ free speech rights under the First Amendment were crushed by social-distancing rules set by the state that were more severe than for secular businesses.

The DOJ stated June 22, “Mayor de Blasio’s recent public statements and enforcement of COVID-19 orders have demonstrated a troubling preference for certain First Amendment rights over others.”

“New York City had vigorously enforced restrictions on religious gatherings,” the Justice Department’s statement said. “At the same time, Mayor de Blasio marched in large in-person political gatherings concerning the tragic death of George Floyd and made statements suggesting — in a manner forbidden by the First Amendment — that religious exercise was less valued and protected by New York City than political exercise.”

In New Jersey, Gov. Phil Murphy (D) has been in lockstep with his New York counterparts since the start of the pandemic in issuing his executive orders. Recall that both states early on in the pandemic deemed houses of worship “non-essential” but abortion facilities “essential.”

In mid-June, Murphy issued a new executive order that increased the limits for indoor gatherings in the state (including houses of worship) from 10 to 50 people or 25 percent of a building’s capacity — whichever is lower, not taking into the consideration the total capacity. This executive order makes no sense if total capacity is not used. How fair is it for a cathedral that seats 750 to be limited to same maximum number of people allowed inside as a rural countryside church that can seat 200?

And just like his New York counterparts did, the governor took part along with thousands in the Hillside Strong March to End Racism, Police Brutality and Embrace Diversity event, not following social distancing protocols that he put into place.

The DOJ said in its statement the following that also clearly applies to Murphy: “Enforcement of executive orders should respect both the right of your residents to assemble to express their views on a diverse spectrum of topics and the right to practice their faith. Compliance with the First Amendment is not optional, and that amendment protects both free exercise of religion and assembly rights.”

These politicians’ “Do as I say, not as I do” style of leadership during the pandemic not only blatantly violated their own executive orders, it also trampled on our religious freedom as guaranteed by the First Amendment.