The two Kansas churches and their pastors that filed suit against Governor Laura Kelly for her limits on church and funeral gatherings have reached an agreement with the governor to end a temporary restraining order in the case next month.
On Saturday, both sides in the case — Calvary Baptist of Junction City and First Baptist of Dodge City on one side, the governor on the other — asked Judge John Broomes to extend the current temporary restraining order in the case ending May 2 to end May 16. The agreement followed a conference call Governor Kelly had with businesses across Kansas where she said she planned to lift several of the statewide restrictions once the current stay-home order ends May 3 just before midnight.
The agreement on the restraining order hinges on a new executive order with less restrictions on mass gathering sizes — specifically no limits on attendance if 6-foot distances and other safety protocols can be attained — to start May 4. The current executive order expires May 1, and that may be extended two days.
The case may be voluntarily dismissed by May 6 if the churches feel the new executive order satisfies their constitutional concerns. If it doesn’t, more hearings may be scheduled.
Calvary Baptist and First Baptist had filed suit earlier this month, saying the governor’s 10-person limit on church and funeral gatherings violates the US Constitution’s First and Fourteenth Amendments, specifically on free exercise of religion, freedom of speech, right to assemble and due process. They also say the order violated the Kansas Religious Freedom Restoration Act.
