, https://www.europarl.europa.eu/news/en/press-room/20201113IPR91602/
Cuomo’s COVID-19 Rules Discriminate Against Religion: The Case Gives SCOTUS Another Chance to Enforce Constitutional Limits on Disease Control Measures
“This is a fear-driven response,” New York Gov. Andrew Cuomo said during an Oct. 6 phone conversation about his pandemic-inspired restrictions on religious services. “This is not a policy being written by a scalpel. This is a policy being cut by a hatchet.”
The Roman Catholic Diocese of Brooklyn, which is asking the U.S. Supreme Court for an emergency injunction against Cuomo’s order, argues that a bit more care is required when the government interferes with the free exercise of religion. The Court’s decision will be an important indication of whether the justices are prepared to enforce constitutional limits on what politicians can do in the name of fighting COVID-19.
Under the hatchet-cut policy that Cuomo imposed last month, “houses of worship” in Brooklyn may admit no more than 10 people in “red” zones and no more than 25 in “orange” zones. The injunction application says those limits, which apply regardless of a building’s size, “effectively shutter all of the Diocese’s churches in those zones.”
The rules for secular activities are much looser. In red zones, “essential” businesses — including supermarkets, convenience stores, hardware stores, banks, pet stores and various offices — operate without capacity limits. In “orange” zones, that is true for an even wider range of businesses, including department stores.
You might surmise that Cuomo is picking on churches because they have proved to be especially dangerous sources of infection. Yet, U.S. District Judge Nicholas Garaufis, even while declining to enjoin enforcement of the restrictions, acknowledged that “there has not been any COVID-19 outbreak in any of the Diocese’s churches since they reopened.”
In fact, Garaufis said, “the Diocese has been an exemplar of community leadership” in responding to COVID-19. “At each step,” he noted, the diocese “has been ahead of the curve, enforcing stricter safety protocols than the State required.”
When the diocese began to reopen its churches, Garaufis added, it enforced “rigorous safety protocols.” Those included face masks, physical distancing, shorter services, sanitization between masses, a revised Holy Communion ritual and a 25% capacity cap, which it continued following even when the legal limit was raised.
The diocese is perfectly willing to accept neutral public health guidelines aimed at preventing virus transmission. It is not willing to accept a policy that explicitly imposes special burdens on religious activities while granting more leeway to myriad secular activities that pose similar or greater risks.
The Supreme Court has said the First Amendment’s Free Exercise Clause does not require religious exemptions from neutral, generally applicable laws. But it also has said laws are presumptively unconstitutional when they discriminate against religion.
Cuomo’s rules clearly fall into the latter category. By denying that reality, Garaufis and the U.S. Court of Appeals for the 2nd Circuit, which upheld his decision, are, in effect, saying an emergency like the COVID-19 epidemic suspends the constitutional rights Americans otherwise enjoy, giving politicians like Cuomo unlimited discretion to respond as they see fit.
In a Federalist Society speech he delivered on the same day the diocese filed its application with the Supreme Court, Justice Samuel Alito warned that “laws giving an official so much discretion” can be abused. When that happens, he said, “the Supreme Court and other courts cannot close their eyes.”
The Court already has closed its eyes twice, turning away challenges to restrictions on religious services in California and Nevada — decisions from which Alito, joined by three other justices, dissented. The Nevada case was especially striking since the state’s rules for houses of worship were stricter than the rules for other venues — including casinos, bars, restaurants, gyms, arcades and bowling alleys — where the risk of virus transmission was arguably higher.
The contrast between the treatment of religious and secular establishments in New York is even starker, and the replacement of Ruth Bader Ginsburg with Amy Coney Barrett could make a crucial difference this time around. If the Court again declines to intervene, then it will send a dangerous signal at a dangerous time for the Constitution.
Jacob Sullum is a senior editor at Reason magazine. Follow him on Twitter: @JacobSullum. To find out more about Jacob Sullum and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate webpage at www.creators.com.
Photo credit: Himsan at Pixabay
Jharkhand move triggers ‘tribal’ religion demand in Odisha
BHUBANESWAR: Days after Jharkhand Assembly passed a resolution seeking separate religious code for tribals from the Central government, tribal leaders in Odisha are preparing for a mass movement to press for their demands to include a religion column as ‘tribal’ in the 2021 Census.
Until 2011 Census, people were classified under six religions – Hindu, Muslim, Christian, Sikh, Jain, and Buddhist and those who do not subscribe to these are clubbed under the ‘Other’ category.
Tribal bodies have expressed reservations as this time the Centre has dropped the ‘Other’ option for Census 2021. They fear tribals will be forced to either declare themselves members of one of the six specified religions or leave the column unfilled.
Secretary general of Odisha Adibasi Kalyan Mahasangha Niranjan Bishi said tribals do not belong to any religion specified in the Census document as they worship nature and have a distinct tradition and culture.
“Tribals were being categorised under a special tribal code till 1951, but later it was deleted. Our identity is being pushed to inexistence and we may lose our constitutional safeguards if our religious identity is not specified,” he pointed out.
The organisation has decided to submit its memoranda addressed to the Prime Minister and Chief Minister at district level on November 25 seeking a separate tribal code in the Census document. The members have planned to go for road blockade and rail roko on December 6 and intensify their agitation if no decision is taken by then.
A senior tribal leader Fagu Hansdah demanded Odisha government pass a special resolution on the lines of Jharkhand during the Winter session seeking separate tribal religion. “We have been demanding a separate Sarna religion since long. The government should include the option in the upcoming Census,” he said.
In the resolution sent to the Centre, Jharkhand has demanded Sarna religion be listed separately. Andhra Pradesh had also included ‘tribal’ religion as the tenth option among the 12 options in a recent household survey.
European Union hit by new crisis, this time over money and values
BUDAPEST, HUNGARY: The European Union still hasn’t completely sorted out its messy post-divorce relationship with Britain, but it has already been plunged into another major crisis.
This time the 27-member union is being tested as Poland and Hungary block passage of its budget for the next seven years and an ambitious package aimed at rescuing economies ravaged by the coronavirus pandemic.
Their objection? A new “rule-of-law mechanism” that would allow the bloc to deny funds to countries that violate democratic norms _ something that both Poland and Hungary have been accused of doing for years.
Ahead of Thursday’s virtual EU summit, where leaders hope to end the stalemate, here is a look at the budget battle.
How much is at stake?
The proposed 1.8 trillion-euro ($2.1 trillion) budget covers the period from 2021 to 2027, including 750 billion euros ($887 billion) in emergency funding to help the continent recover economically from the blow dealt by the pandemic.
The budget is meant to take effect on Jan. 1, and officials are desperate to have the agreement approved within weeks so money can flow fast.
Guy Verhofstadt, a member of European Parliament and a former Belgian prime minister, accused the Hungarian and Polish leaders of putting at risk lives and livelihoods threatened by COVID-19, “only because they want the EU to continue to fund their increasingly corrupt power grab.”
What triggered the dispute?
The governments of Prime Minister Viktor Orban of Hungary and Prime Minister Mateusz Morawiecki of Poland have for years been accused of eroding the rule of law, by weakening democratic institutions like an independent judiciary and a free press.
Both Poland and Hungary are ex-communist nations that were hailed as models of democratic transition after the Iron Curtain fell in 1989. Today, however, they are more often associated with the democratic backsliding of their right-wing populist governments.
At the heart of the crisis is the question of what the EU is _ primarily a zone of free trade made up of independent nations or a union that shares common democratic values? Many in the bloc are keen to protect those norms. But they have been unable, within existing rules, to alter the course of Warsaw or Budapest. Hence the proposal for a way to cut off the money.
Vera Jourova, vice president of the European Commission, which ensures that EU law is applied in the bloc’s 27 nations, explained in September: “The taxpayers of many member states _ they are fed up (with) funding the projects in countries where fundamental rights are violated.”
But the debate has raised another recurring, thorny question: How much power should the EU have to impose its will on member-states?
“This is about whether our fate is to be in our hands, whether we will decide about our affairs ourselves, or whether it will be in the hands of others,” Morawiecki said in the Polish parliament Wednesday evening.
The Polish and Hungarian view
The Orban and Morawiecki governments say they are being punished for having a worldview that is more conservative than the western European mainstream. They note they were elected by their people in democratic votes and that any accusations of undemocratic behavior are false.
Orban on Wednesday said that linking funding to the rule of law is a “political and ideological weapon” that was being used to blackmail and penalize countries that reject immigration.
“In Brussels today, they only view countries which let migrants in as those governed by the rule of law. Those who protect their borders cannot qualify as countries where rule of law prevails,” Orban said in a statement to the state news agency MTI.
The Polish government has also slammed the proposal, expressing fears that it will be used arbitrarily to punish Poland on a range of issues, including the anti-LGBT views of its leaders.
Morawiecki said Poland rejects a mechanism that would “rebuke us like children.”
Allegations of Hungarian corruption
Some of Orban’s critics say that linking funding to the rule of law could threaten the very functioning of his government.
Under Orban, EU-funded public contracts have often been awarded to companies owned by his allies or family members, and details of these contracts have sometimes been kept secret _ leading to frequent allegations of corruption.
In 2018, the EU agency that investigates how the bloc’s money is spent carried out more investigations in Hungary than in any other EU country.
George Soros, the Hungarian-American philanthropist and Orban critic, alleged Thursday that Orban “has constructed an elaborate kleptocratic system to rob the country blind.”
Orban has dismissed the corruption allegations.
Dissidents at home
While the Hungarian and Polish governments insist they won’t back down, there are many people in both countries who firmly side with the EU. Among them are opposition politicians and political activists who have been on the streets demonstrating for free courts and free media.
Amid the standoff, six Hungarian opposition parties banded together to issue a statement this week saying “the selfishness of the Orban government” was harming the nation’s interests.
Meanwhile, in the Polish parliament on Wednesday, Borys Budka, the leader of the main opposition party, Civic Platform, urged Morawiecki to adopt the EU budget, saying not to do so amounts to treason.
“Today, anyone who threatens to veto a good budget for Poland is betraying the Polish national interest,” Budka said.
How can this stalemate be resolved?
There is no easy way out. Michael Roth, the German minister for European Affairs, whose country currently holds the EU Council presidency, said this week there is no alternative to the package, and EU leaders say they will not abandon the mechanism.
However, they could give Poland and Hungary guarantees that its implementation will be limited. Nobody should fear anything, the EU’s budget commissioner Johannes Hahn said.
If that strategy does not work, some leaders have suggested that the other countries could band together to at least pass the coronavirus aid package.
70% of Nigeria’s problems rooted in religion, says Pam
The Executive Secretary, Nigeria Christian Pilgrims Commission (NCPC), Rev. Yakubu Pam, has said that 70 per cent of the problems and crises witnessed in the country were rooted in religion. Pam, whomadethedisclosureduring acourtesy call by the Muslim Youths Council of Nigeria (MYCN) on his office in Abuja, stressed on the need for peaceful coexistence regardless of religion, adding that recent developments showed that Nigerian youthswerewillingtoreposition the countryunto the path of peaceful coexistence.
He said: “70% of our problems, crisis in Nigeria are rooted in religion; it is unfortunate that religion is being used for so many evil things but of recent, I can see a very good new shift.
“The people they were using before, which are the youth from the age of 12 to 40, were the instruments in the hands of politicians, extremists, religious leaders they have been using them to cause all sorts of mayhem and crisis, but in recent times, the same people they were using are the same people that are proffering solutions to Nigerian crisis. “I see the MYCN as the solution to all the troubles we have been having in this country, because your thinking is not like their thinking, it is quite different from those people who are doing this kind of thing both from the Muslim side and the Christian side. I foresee hope for Nigeria that indeed something great is going to happen in building our relationship together here in this country. We need to keep preaching peace.”
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Gov. Cuomo faces scrutiny over COVID book deal as residents suffer financial impacts of lockdowns
New York Gov. Andrew Cuomo is facing scrutiny over a deal he scored for a book on his coronavirus response, as residents of his state reel from the financial impacts of his lockdowns.
Titled “American Crisis: Leadership Lessons from the COVID-19 Pandemic,” the book purportedly offers “intimate and inspiring thoughts of a leader at an unprecedented historical moment,” according to its Amazon description. The website adds that “American Crisis is a remarkable portrait of selfless leadership and a gritty story of difficult choices that points the way to a safer future for all of us.”
Cuomo’s book was released on Oct. 13 by Crown Publishing and, unlike his previous book, “All Things Possible,” became a best-seller. It’s unclear how much Cuomo received for “American Crisis,” but a financial disclosure showed him receiving $783,000 for “All Things Possible.”
The governor has declined to disclose the amount paid for his coronavirus-related book, reportedly saying he would reveal the sum in his financial disclosures, which are due in the spring of 2021. According to the news site lohud.com, Cuomo has pledged to donate an unspecified amount of the proceeds to a COVID-related entity.
CUOMO, DE BLASIO FACE BLOWBACK OVER HANDLING OF NYC SCHOOL CLOSURES
Neither Cuomo’s office nor his publisher responded to Fox News’ multiple requests for comment.
The book’s success, however, raises additional questions about how public officials might benefit or encounter different circumstances during a crisis like the pandemic.
As the nation headed towards more potential shutdowns for the winter, another Democratic state chief executive, California’s Gov. Gavin Newsom, was caught at a dinner party that seemed to flout his own social distancing guidelines. A Sacramento Bee editorial slammed the party, which took place at an upscale French restaurant and was in honor of a lobbyist. “Nothing will launder the stain of stupidity from his reputation after this ill-conceived outing,” the Bee said.
CLICK HERE TO GET COMPLETE CORONAVIRUS COVERAGE
Last week, the Albany Times-Union newspaper reported on a debate within New York’s Joint Commission on Public Ethics (JCOPE) that appeared to arise out of concerns surrounding Cuomo’s book. State Republican Sen. Gary Lavine, who serves on JCOPE, “instigated” a discussion on how much sway the commission, which approved Cuomo’s book as a source of outside income, had.
The Times-Union reported: “JCOPE commissioner Gary Lavine, who instigated the discussion, refused to say whether his interest in the topic was prompted by the book deal. ‘I will not confirm or deny any confidential request for an ethics opinion,’ Lavine said.”
Fox News’ Joseph Wulfsohn contributed to this report.
Remdesivir no COVID-19 silver bullet, says UN health agency
A World Health Organization (WHO) Guideline Development Group (GDG) panel of international experts made the recommendation in the BMJ – the weekly peer-reviewed medical journal, published by the British Medical Association – as part of so-called “living guidelines” to manage the coronavirus and help doctors make better decisions in consultation with patients.
“Living guidelines are useful in fast moving research areas like COVID-19 because they allow researchers to update previously vetted and peer reviewed evidence summaries as new information becomes available”, said WHO, in a press release on the findings.
Evidence-based decisions
Remdesivir has received global attention in treating severe coronavirus cases and is increasingly being used for hospitalized patients. But its role in clinical practice has remained uncertain.
WHO’s recommendation is based on new evidence comparing the effects of several drugs on treating the virus and includes data from four international randomized trials involving more than 7,000 COVID-19 inpatients.
After reviewing the evidence, the WHO GDG expert panel, which includes four patients who have had the coronavirus, concluded that the intravenously administered Remdesivir “has no meaningful effect on mortality or on other important outcomes for patients, such as the need for mechanical ventilation or time to clinical improvement”.
Arguing its use
The panel acknowledged that the certainty of the evidence is low and did not prove that Remdesivir has no benefit; but rather, “there is no evidence based on currently available data that it does improve important patient outcomes”, according to the WHO release.
However, the GDG supported the continued enrolment of patients into Remdesivir evaluation trials to determine whether more substantial evidence can be obtained, especially with regards to specific groups of patients.
The WHO press release also cites a feature article linked in the panel’s BMJ report, which says that the full story of Remdesivir will not be understood until its manufacturer, Gilead, releases full clinical study reports.
In the meantime, reports the journalist who wrote the feature, Jeremy Hsu, alternative treatments such as widely available corticosteroid, dexamethasone, that has been proved to reduce mortality among some severely-ill COVID-19 sufferers, are “now impacting discussions about Remdesivir’s cost-effectiveness”, in the words of the WHO press release.
Couple held in Baghpat on second wife’s complaint of marriage by hiding religion
Neetu Yadav has also alleged that her husband Akram Khan and his brother manhandled her and tried to forcibly abort when she was six-month pregnant with Akram’s child.
Baghpat police in western UP have arrested a couple following allegation by a nurse working at a local private nursing home that the man had married her as his second wife eight months ago by concealing his religious identity, and also allegedly wanted her to convert, the police said on Thursday.
Neetu Yadav has also alleged that her husband Akram Khan and his brother manhandled her and tried to forcibly abort when she was six-month pregnant with Akram’s child.
Before his arrest Wednesday evening, Akram denied the allegations and said he never hid his religious identity. He told the media that he had informed Neetu about his first wife, Rashida, and also told told her that bigamy is not a crime in his religion.
Both the woman and Akram worked at the same nursing home in Baraut town of the district.
“The staff nurse met me and told everything. She also claimed that her husband was trying to coerce her to convert,” SP Abhishek Singh said over telephone. “I immediately directed the police in-charge there to take action.”
On Wednesday, Akram told reporters in Baraut that he married the nurse in March: “”I never hid my religion, nor am I denying having married her. She was pressuring me to divorce my first wife and live with her. She made these allegations after I refused.”
The woman said, “I did not know (at the time of marriage) that he is Muslim…”
Papua New Guinea: House of Worship takes shape
PORT MORESBY, Papua New Guinea — Coming into view from all directions as one approaches the Waigani area of Port Moresby, Papua New Guinea, is the rising structure of the Bahá’í House of Worship currently under construction. Once completed, the House of Worship will act as a focal point for devotion and service to society, open to people from all backgrounds.
“In Papua New Guinea, where there are more than 800 languages and as many tribes, the House of Worship represents unity for all the people of the country,” says Confucius Ikoirere, Secretary of the country’s Bahá’í National Spiritual Assembly. “The design of the temple, which is based on traditional weaving patterns, is itself symbolic of unity. This art form is found everywhere in the country, from baskets created for special occasions or use in everyday life to matts woven for family and friends. Weaving calls to mind how we come together among our diverse backgrounds and customs.”
Since the foundations of the House of Worship were completed last December, work has progressed on an intricate steel structure for the central edifice that traces the unique weaving pattern of the exterior. An innovative design for the steel dome, devised by Werkstudio, an engineering firm based in Germany and Poland, provides the required strength with an economical use of material.
The structural system interfaces with the nine entrance canopies that provide lateral strength to the temple. This system, parts of which are nearing completion, will eventually support a steel dome mesh that will at its apex reach a height of approximately 16 meters above floor level.
Designs are being finalized for wood panels that will adorn the entrances of the temple, using local timber. Planning is also under way for gardens that will surround the central edifice.
Mr. Ikoirere says, “The House of Worship will provide an environment where people will find solace and peace, to give time to their Creator and find inspiration to serve humanity.”
#NotReadyForBrexit: With Just 6 Weeks Left, Just How Prepared is the UK to Leave the European Union?
Several ongoing crises, including a breakdown in talks between British Brexit negotiator David Frost and his EU counterpart, Michel Barnier, have spiked levels of uncertainty in Britain’s post-Brexit ambitions.
The ongoing coronavirus pandemic has further blocked efforts on both sides of the English Channel as government allocate resources to battle with the second wave of infections and lockdown measures impacting large and small enterprises.
With just over six weeks before the transition period ends, the UK is now left at an impasse and analysts expect Downing Street to ‘crash out’ of the EU without a trade agreement.
Sputnik takes a closer look at three key concerns in the UK’s Brexit preparedness plan.
The Northern Irish Protocol (Backstop)
One of the most contentious issues in the UK’s Brexit preparedness is the Irish backstop, which maintains EU regulations in Northern Ireland, including customs and single market regulations on goods, an Institute for Government report said.
Such measures will enter force on 1 July next year and businesses trading across the Irish sea will need to comply. But according to the report, preparations for essential infrastructure were “off track”.
The Joint Committee was also tasked with deciding how to enforce the backstop but “significant” uncertainty on key details of operations remained, including good exemptions in the fisheries industry, determining which goods are ‘not at risk’ and applicable tariffs on goods, among others.
The UK Internal Markets Bill would also ‘unilaterally’ define such products despite breaching international law, causing further uncertainty for Northern Irish businesses, the report said.
“The UK’s apparent willingness to disregard what it signed up to just a year ago has reopened previously closed questions about the possibility of a land border on the island of Ireland, with potentially serious implications for peace and security in Northern Ireland. It also puts businesses, who do not want to break the law, in a difficult position – caught between applicable EU law and the UK’s non-application of it,” it said.
Johnson’s refusal to extend the Brexit transition period after 31 December this year and the ongoing coronavirus crisis in the UK and EU would prevent both Downing Street and British businesses from fully preparing to leave the EU.
Further problems are expected after media projected Joe Biden to win the November elections, which could see Democratic party opposition to a post-Brexit trade deal with London over violations of the Good Friday Agreement.
Further concerns over the backstop were echoed by European Commission vice-president Maroš Šefčovič at the fourth EU-UK Joint Committee meeting in London on 19 October.
“Given the limited time left before the transition period ends, Vice-President Šefčovič underlined the need to concentrate all efforts on both sides on bridging existing implementation gaps and delivering results so that the Withdrawal Agreement is fully operational as of 1 January 2021. This requires moving beyond a business-as-usual approach”, and EU statement said.
Brexit and the COVID-19 Crisis
COVID-19 woes had further delayed preparedness responses for many businesses than prior to the health crisis, and PM Johnson’s failure to extend talks with Brussels was a “high-risk bet”, a further report said.
Companies were “in a worse position” than before COVID-19 and risked becoming “unviable” in a no deal Brexit, it said.
“Coronavirus has starved firms of cash and left many struggling to stay afloat. This has derailed their Brexit preparations, preventing them from investing in new customs processes or stockpiling to protect themselves against disruption to supply chains. Smaller businesses have been particularly badly affected,” it said.
The government should clearly show the effects of leaving the Single Market and Customs Union, including increased levels of bureaucracy for traders, despite reaching a deal, as well as identify support for affected firms amid COVID-19, it read.
As of 7 August, COVID-19 efforts have cost the UK government an estimated £210bn, including £70bn in confirmed expenses, the National Audit Office reported, but the figures do not include further measures amid the second wave.
Trade (Dis)Agreements
According to UK media, the UK and EU would need to begin trade continuity agreements after the transition period ends.
Agreements would aim to reduce trade tariffs in both the goods and services markets after ending the 11-month transition period. But the Prime Minister has failed to reach an agreement by his proposed 15 October target, the BBC reported.
Despite sharing ‘level playing field rules’ on matters such as environmental policy and workers rights, the EU has demanded the UK stay close to current regulations amid protests from London.
Further disagreements over fishing rights, customs checks and the Irish backstop due to mandated EU regulations on goods would cause further headaches for UK businesses, potentially delaying transit across the English Channel.
Nearly 50 percent of the UK’s total trade, including 40 trade deals the EU had inked with 70 countries, is with the 27 member trade bloc, UK government figures show.
British imports to the EU were £394bn, or 43 percent of total UK trade, and British imports from the EU were £374bn, or 52 percent of total UK imports, government figures show.
To date, the UK has only signed a Comprehensive Economic Partnership Agreement (CEPA) with Japan, valued at £29.1bn or just 2 percent of the UK’s total trade agreements and 0.07 percent of GDP, according to government figures.
The Department for International Trade estimates a post-Brexit deal with the United States – Britain’s closest ally – would only account for 0.16 percent GDP growth in the long-term, or £3.4bn over 15 years.
Further challenges to a US-UK trade deal as noted by a Policy Exchange report include unilateral agricultural liberalisation policies of US exports, drug pricing and National Health Service (NHS) reform demands from Washington, among others.
Washington could also use any free trade deals to “influence the UK’s China policy”, including a ‘China clause’ as previously implemented in the US-Mexico-Canada agreement (USMCA) allowing for parties to walk away if other members sign trade deals with ‘non-market’ economies, the report added.
Roughly 30 continuity trade deals have been reached with countries and regions, including Switzerland, Israel, South Korea, the CARIFORUM trade bloc of Caribbean nations, Iceland and Norway, among many others.
The UK will need to complete continuity trade agreements with partner countries globally to continue trading outside the EU or face terms set by the World Trade Organisation (WTO), the UK government said.
