Two weeks ago, Governor Laura Kelly and Attorney General Derek Schmidt disagreed over the governor’s executive order limiting the size of church and funeral gatherings to 10 people or less due to coronavirus. Now both state leaders are in disagreement over a federal injunction halting the order on a temporary basis.
In a statement shortly after the ruling was announced, Governor Kelly said her decision was made with the health and well-being of all state residents in mind and was not about limiting religious freedoms. The state has had six deaths and more than 80 COVID-19 infections starting at religious gatherings, and “we will continue to be proactive and err on the side of caution when Kansans’ health and safety are at stake.”
In a separate statement, Schmidt agreed health and safety are his primary concerns, and he said his personal view is that all in-person religious services should be canceled in favor of worshiping remotely. However, he said Saturday’s ruling is “a much-needed reminder the Constitution is not under a stay-home order and the Bill of Rights cannot be quarantined.” Speaking of his personal views and his position’s responsibility, Schmidt said, “I may not impose that preference selectively on Kansans of faith but not others. Neither can Governor Kelly.”
Two churches, Calvary Baptist Church of Junction City and First Baptist Church of Dodge City and their pastors, filed suit against Governor Kelly on Thursday, citing violations of the US Constitution’s First and Fourteenth Amendments as well as the Kansas Religious Freedom Restoration Act. In his ruling, US District Judge John Broomes said there was enough evidence of a “live controversy as to whether the Governor’s current restrictions on religious activity … violate Plaintiffs’ First Amendment right to freely exercise their religion” to put the executive order on hold until further notice. There will be a preliminary injunction hearing at 9 am Thursday. In the meantime, both churches that filed can have normal services Sunday, provided they use proper six-foot social distancing measures and screen members of the congregation before their services start.
The federal ruling came a week after the Kansas Supreme Court said the Legislative Coordinating Council lacked authority to overturn the governor’s executive order. The Supreme Court ruled on the structure and wording of a concurrent resolution designed to extend the governor’s extra state of disaster powers through May 1 and outline the Coordinating Council’s oversight authority, saying both the structure and verbage were faulty. The Supreme Court declined to rule on any constitutional issues.
