Early in the COVID-19 pandemic, New York, under the leadership of Governor Andrew Cuomo, was one of the most aggressive states in taking steps to limit the spread of the pandemic.  After the initial surge of the virus in the Spring which was initiated by travelers from Europe, the state through its aggressive management and constant vigilance has been one of the most successful at reducing the spread of the virus and has maintained some of the lowest positivity rates in the nation. 

However, as the cooler fall weather has more people remaining indoors where the virus can spread more easily, New York, along with the rest of the country has seen an increase of cases.  States like South Dakota, Kansas, and Iowa with positivity rates over 50% would love to have New York City’s citywide seven-day average rate of positive test results of 2.52%. However, the number of new cases in the city has increased 77% in the last two weeks. In the State of New York, that is cause for action.   

Following his successful strategy of jumping on new upticks of the virus early before it gets out of hand, Governor Cuomo has begun to increase restrictions on the normal viral hotspots, gyms, indoor dining, and private gatherings of more than 10 people.  He (accurately) claims the new restrictions are the state’s best chance to avoid a second wave of the virus in his state which has been affecting the rest of the country and the world.  He has also ordered in-person church services limited substantially depending on the positivity rate in the area where they are located.

Cuomo’s directive established three zones – red, orange, and yellow, with the red zones being those with the highest positivity rates, thus incurring the most severe restrictions.  Church restrictions by zone are as follows:  Yellow – 50 percent capacity, Orange – a maximum of 33 percent capacity with no more than 25 people, and Red – a maximum of 25% capacity with no more than 10 people.  These restrictions were of course developed with the input of the state’s best infectious disease experts.

The Catholic Diocese of Brooklyn which covers the New York City boroughs of Brooklyn and Queens under the direction of Bishop Nicholas DiMarzio has over 50 churches in orange and red zones, The diocese filed suit against Andrew Cuomo in his capacity as governor asking the courts to block the governor’s order stating that it, “expressly singles out ‘houses of worship’ by that name for adverse treatment relative to secular businesses, and does so in a way that is not narrowly tailored to any compelling government interest, in direct violation of the First Amendment’s Free Exercise Clause.”

The presiding federal district court refused to block Cuomo’s order, U.S. District Court Judge Nicholas Garaufis.  In his ruling he wrote, “In fact, if the court issues an injunction and the state is correct about the acuteness of the threat currently posed by hotspot neighborhoods, the result could be avoidable death on a massive scale like New Yorkers experienced in the spring.” The 2nd U.S. Circuit Court of Appeals has upheld that ruling.  

The diocese has now appealed directly to the US Supreme Court.  Earlier this year the Supreme Court rejected similar challenges by religious organizations in California and Nevada by 5-4 decisions with Chief Justice Roberts casting the deciding vote.  However, that was before the death of Justice Ginsburg and her replacement by Justice Barrett.

The diocese did show a measure of responsibility during the initial Spring virus surge by closing their churches before being ordered to do so by the government.  However, this lawsuit reminds me of attempts of evangelical mega churches to fill their cavernous cathedrals with worshipers, depending on God to protect them from the virus. What really annoyed me was the religion in which I was raised would put less emphasis on the health and safety of their parishioners and those with who they are in contact than their need to attend church services.

I decided to write an email to the bishop of the diocese expressing my displeasure, but I could find no email address on their website which I could use to contact him or his personal assistants directly.  I had to settle for emailing the head of the organization in the diocese most likely to be concerned about such matters – The Office of Safe Environment. 

Because I was afraid that the email would die in the hands of some lower-level church official, I tried to think of ways to get it into the hands of those who would have some influence with the Bishop and other decision-makers diocese.  The obvious possible influencers were Pope Francis in Rome and the most powerful media outlet in New York City, the New York Times. 

I would not have even considered sending such an email to previous popes, but Pope Francis, a Jesuit, has great respect for science and has shown ample concern for the physical as well as the spiritual welfare of his flock.  It turns out he is very accessible as well.  I easily found a website where you could send a message to him directly.  I sent the text of my email with an explanation to both the pope and the Times.

I am under no allusions that Pope Francis will read my message directly.  I am sure that he has assistants who read the many messages sent to him from around the world and only forward to him the most important ones.  Nor am I under any allusions that my similar message to the New York times will somehow find its way into publication.  That is another long shot.  What I am counting on here is that the possibility of those two things might occur will deter lower level, diocesan officials, from sitting on my email.

Below is a copy of the text of my email.  (A note of explanation:  While I recount my experience within the Catholic Church when I was younger, I am no longer a practicing Catholic.)

Email Title: Suit Filed by Diocese of Brooklyn against the Governor of New York   Email sent to the Office Of Safe Environment, Diocese of New York (safe@diobrook.org)   Email text: (Copies of the text of this email have also been sent to Pope Francis via his “New Ways Ministry – Contact Pope Francis” website and to The New York Times.) Maryellen Quinn, As Coordinator of the Safe Environment Office one would naturally assume that, among other duties, you would also be responsible for ensuring the health and safety of parishioners when they attend church services throughout the Diocese of Brooklyn. I am writing you today because I am appalled that a Catholic diocese would challenge a governmental directive in court aimed at trying to prevent the further spread of a deadly virus among your church members, their loved ones, and the general population. I want you to understand my particular concern in this instance by sharing some of my background. I was born into a very devout Catholic family. I attended a Catholic elementary and high school. I was also an altar boy for several years. When I was young my dad was a catechism teacher and later in life he was ordained a deacon in the church. The Christian Brothers who taught me not only furnished me with a good foundation and understanding of my religion as well as other subjects but also taught me to analyze complex situations and encouraged me to make rational decisions. I totally understand the desire of Catholics during normal times to attend church services in person and the obligation of the bishop and clergy of the diocese to make those services available. I am certain that Governor Andrew Cuomo, a practicing Catholic, understands this dynamic as well. But these are NOT normal times. It is not only unwise but immoral to allow the parishioners of the diocese to subject themselves in large numbers to exposure to this virus which will not only endanger themselves but also the very lives of their loved ones and other members of the community who may die as a consequence of the bishop’s poor decision making. This is especially true when modern technology makes it relatively easy to attend church services virtually.  This alternative is of course not ideal. it precludes the receiving of communion, but concessions must be made in the middle of a nationwide pandemic which has already taken hundreds of thousands of lives. The New York State order to limit attendance to either ten or twenty-five people depending on the testing positivity rate in the area does not single out church services. It applies to all public events.  The COVID 19 virus is not discriminatory. It spreads as easily in churches as it does in concert halls, sporting venues, or any other indoor environment. To say otherwise is to defy established scientific fact. If the Diocese of Brooklyn is intent on relegating the recommendations of our best and most experienced medical scientists to the proverbial trash can, I am encouraged that not everyone in the church shares its bishop’s uninformed and antiquated beliefs. His Holiness, Pope Francis, believes in science and is dedicated to the physical as well as the spiritual wellbeing of his flock. I don’t think he will be happy with using the church’s financial resources to promote this lawsuit. There are much better uses for that money.  That is why I am also sending a copy of this email to his “New Ways Ministry – Contact Pope Francis” website. Richard P. Guilbeau     11/16/2020