The justices split 5-4 late on Wednesday night, with new Justice Amy Coney Barrett in the majority.

The move was a shift for the court.

Earlier this year, when Barrett's predecessor Justice Ruth Bader Ginsburg was still on the court, the justices divided 5-4 to leave in place pandemic-related capacity restrictions affecting churches in California and Nevada.

The court's action on Wednesday could push New York to re-evaluate its restrictions on houses of worship in areas designated virus hot spots.

But the impact is also muted because the Catholic and Orthodox Jewish groups that sued to challenge the restrictions are no longer subject to them.

The Diocese of Brooklyn and Agudath Israel of America have churches and synagogues in areas of Brooklyn and Queens previously designated red and orange zones.

In those red and orange zones, the state had capped attendance at houses of worship at 10 and 25 people respectively.

But the those particular areas are now designated as yellow zones with less restrictive rules neither group challenged.

The justices acted on an emergency basis, temporarily barring New York from enforcing the restrictions against the groups while their lawsuits continue.

In an unsigned opinion the court said the restrictions "single out houses of worship for especially harsh treatment".

"Members of this Court are not public health experts, and we should respect the judgment of those with special expertise and responsibility in this area. But even in a pandemic, the Constitution cannot be put away and forgotten. The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment's guarantee of religious liberty," the opinion said.

Australian Associated Press