5-4 but if you read the Chief’s dissent it sounds like it could well be 6-3 in the event that New York sought to reimpose the restrictions in dispute (which were lifted for now due to improving COVID conditions in the relevant neighborhoods)
https://twitter.com/stevenmazie/status/1331826974432649218
The plaintiffs here have a point about these restrictions not being neutral— certainly in secular contexts, liberals have tended to notice how arbitrarily some risk activities are permitted and others prohibited— and governments may need to think on how to draw more neutral ones.
For example, there are certain aspects of religious ceremonies, like singing indoors, that pose particular risk and could be prohibited in secular and religious contexts. And houses of worship can be subjected to capacity limits in line with secular institutions.
As a practical matter in New York, the main problem is that the city fails to enforce the restrictions that religious institutions can constitutionally be subjected to anyway.
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