Two churches that sued Kansas Gov. Laura Kelly over an executive order limiting attendance to 10 persons at religious services have won a temporary restraining order in federal court.
In an order released Saturday night, U.S. District Judge John W. Broomes in Wichita ruled that the First Baptist Church of Dodge City, Kansas, and the Calvary Baptist Church of Junction City, Kansas, would be allowed to hold services if they followed certain health guidelines he outlined in the court order. Those health guidelines were suggested by the churches themselves.
The two Baptist churches, First Baptist Church of Dodge City and Calvary Baptist Church of Junction City, argued that the governor’s executive order violated their rights, including the First Amendment right to the free exercise of religion.
The judge’s temporary restraining order mentioned only the two churches that were suing, and made no mention of other churches being allowed to hold services with more than 10 people.
The federal court held a telephone hearing on Saturday to consider the motion for a temporary restraining order. According to the court order, a hearing on the churches’ request for a preliminary injunction will be held at 9 a.m. April 23.
The governor had filed a motion to dismiss, stating that the churches’ claims were moot because Gov. Kelly signed a new executive order 20-25 on April 17, that alters some of the restrictions on public activities. It stated that executive order 20-18, which the churches were challenging, was replaced by the new order on April 18.
During the COVID-19 pandemic, the governor has issued a number of executive orders closing schools, banning mass gatherings and requiring residents to stay at home to slow the spread of the virus.
Almost all churches here have not been meeting in person, and have held services online, on Facebook, on television or radio, or have found other ways such as telephone and letters to communicate with their congregations. A few drive-in services were held in the state.
The Kansas Supreme Court ruled in favor of the governor last Saturday, after the Legislative Coordinating Council overturned the order.
Dodge City, Kansas, is in Ford County. Ford County reported a total of 107 positive COVID-19 cases on Saturday, according to the Kansas Department of Health and Environment’s COVID-19 website. Meat-packing plants are the largest employers in Dodge City, which has a population of about 27,000.
Junction City, Kansas, is in Geary County, which had a total of 10 positive COVID-19 cases on Saturday, according to the KDHE. The city has an estimated population of about 23,000. Ft. Riley is located in that area, and Junction City is about 20 miles from Manhattan, Kansas, where Kansas State University is located. Manhattan, Kansas, is a city of about 55,000 people. Riley County, where Manhattan is located, had 26 positive COVID-19 cases on Saturday, according to KDHE statistics.
“We are in the middle of an unprecedented pandemic,” Gov. Laura Kelly said after tonight’s court order. “We all want to resume our normal lives as soon as possible, but for now the data and science tell us there’s still a serious threat from COVID-19 – and when we gather in large groups, the virus spreads.
“My executive order is about saving Kansans’ lives and slowing the spread of the virus to keep our neighbors, our families and our loved ones safe,” Gov. Kelly said. “During public health emergencies, we must take proactive measures to save lives.”
Kansas has had six deaths and more than 80 cases of COVID-19 that have originated from religious gatherings. The court’s temporary order noted that, given the gravity of the issues involved, the order only applies to the two plaintiffs to the lawsuit. All other religious gatherings must continue to adhere to the requirements of Executive Order 20-25 and limit gatherings to 10 or fewer attendees.
Kansas is not alone in restricting gatherings, including religious gatherings, the governor stated. A majority of states and hundreds of local governments across the country have imposed similar temporary restrictions to combat the COVID-19 pandemic.
“There have been at least eight other legal challenges like this one, and so far none of them have ruled against a mass gathering restriction like ours. Courts across the country have recognized that during this pandemic emergency the law allows governments to prioritize proper public health and safety,” Gov. Kelly said.
“This is not about religion. This is about a public health crisis,” Gov. Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.”
Dr. Lee Norman, secretary of the Kansas Department of Health and Environment, said nothing has changed related to the need to practice social distancing and avoid mass gatherings.
“As Kansans, we have a responsibility to keep our neighbors, friends and family safe. Please do not gather in groups larger than 10 people,” Norman said. “As we see ramped-up testing across the state, we still must exercise extreme caution in our daily activities. It bears repeating: stay safe, stay home, save lives.”
Kansas Attorney General Derek Schmidt issued a statement tonight about the court order. Schmidt had earlier advised legislative leaders that the governor’s order was not constitutional.
The attorney general’s statement:
“Today’s judicial ruling is a much-needed reminder that the Constitution is not under a stay-home order and the Bill of Rights cannot be quarantined. The Constitution protects our liberties especially during times of crisis, when history reveals governments too quick to sacrifice rights of the few to calm fears of the many. As I have consistently counseled, the governor of Kansas must not discriminate against religious gatherings by threatening worshipers with arrest or imprisonment while allowing similar secular gatherings to proceed,” Schmidt stated.
“Let me be clear: My own view remains that churches, synagogues, temples and mosques should cancel all in-person services and instead worship remotely at this time. I strongly urge all Kansas religious leaders to do so. But as a government official, I may not impose that preference selectively on Kansans of faith but not others. Neither may Governor Kelly,” Schmidt stated.
“I call on Gov. Kelly to accept the court’s decision tonight and end this unnecessary legal fight that is costing taxpayers thousands of dollars in attorney fees without demonstrable public health benefit,” Schmidt stated.
The judge’s order is online at https://ecf.ksd.uscourts.gov/cgi-bin/show_public_doc?2020cv1102-14.
The governor’s new executive order 20-25 is posted at https://governor.kansas.gov/wp-content/uploads/2020/04/EO-20-25-Executed.pdf.
Thanks to those churches for staying safe and standing up to the rights-grabbing governor.