A federal judge has issued a temporary injunction against Governor Laura Kelly’s executive order limiting religious gatherings to 10 or less following a recent law-suit filed Friday.
U.S. District Court of Kansas Judge John Broomes handed down the ruling Saturday after hearing arguments during a telemeeting Friday. The ruling comes a week after the Kansas Supreme Court deemed the Legislative Coordinating Council did not have the authority to override the Governor’s order.
However; the supreme court never ruled on the constitutionality of the order which was the basis of the lawsuit filed by Calvary Baptist Church of Junction City and First Baptist Church of Dodge City and their pastors. The lawsuit claimed the order violates the US Constitution’s First and Fourteenth Amendments, specifically on free exercise of religion, freedom of speech, right to assemble and due process.
The churches also claim the order violated the Kansas Religious Freedom Restoration Act, and the lawsuit says the government does not have “a compelling reason” for halting church services when attendees can practice social distancing. According to court documents, the ruling states the plaintiffs ” made a sufficient showing that a live controversy exists as to whether the Governor’s current restrictions on religious activity … violate Plaintiffs’ First Amendment right to freely exercise their religion.”
The ruling will now permit the churches to continue regular in-person worship services so long as proper social distancing and appropriate precautionary screening methods are in place.
According to the Wichita Eagle, prior to his ruling, Judge Broomes asked the governor’s attorneys if they would want a preliminary injunction hearing if the judge ruled in favor of the plaintiffs. The attorneys informed Judge Broomes they would like a hearing at which time Judge Broomes set the hearing for 9 am Thursday.
