Kansas churches defy Kelly’s order, holding Easter Sunday services during pandemic
In defiance of statewide efforts to slow the spread of the new coronavirus, including an order by Gov. Laura Kelly limiting religious gatherings, at least two churches in Kansas held Easter Sunday services in person.
The church services came hours after the Kansas Supreme Court ruled that Kelly’s Tuesday executive order could stand, prohibiting mass gatherings of more than 10. By then, most churches had already canceled in-person services.
But at least two churches — Calvary Baptist Church in Junction City and Heritage Baptist Church in Lawrence — held Easter services Sunday. Pastor Aaron Harris said Calvary Baptist Church would continue to hold in-person services in the coming weeks.
“We are, for better or worse,” Harris told The Star. “We’re not trying to provoke a fight, but we’re not shying away from one either.”
The services were held hours after the court’s narrow ruling, in which the justice said top Kansas Republican leaders didn’t follow the procedures outlined in a resolution approved by the full Legislature when they voted earlier this month to revoke Kelly’s order.
Kelly vowed to continue to work with the Legislature despite the conflict and called for bipartisanship in battling COVID-19.
“Our response to this unprecedented pandemic has necessitated that even our most fundamental institutions find alternative methods that preserve public health,” she said.
In a Twitter post, Kelly on Saturday night said she knows many Kansas turn to faith during difficult times.
“That should continue — but in a way that will keep our friends and loved ones safe,” Kelly tweeted.
The Supreme Court decided the case after a rare Saturday session and an unprecedented step of holding oral arguments by video conference. The justices and lawyers worked remotely to negate the chances of spreading the virus.
The unsigned majority opinion, released just after 9 p.m. Saturday, said the resolution’s plain text requires the State Finance Council — a body comprised of legislative leaders and chaired by the governor — to first grant an extension of Kelly’s emergency powers before the Legislative Coordinating Council, a body made up only of top legislators, can revoke her orders.
No justices dissented, but two issued separate, concurring opinions.
The opinion drew no conclusions about broader questions of public health and religious freedom — or whether the resolution conflicts with state law, as Kelly argued.
“Because this resolves the present dispute, we do not reach broader questions concerning the asserted conflicts” between the resolution and state law, the opinion stated.
As of Sunday, Kansas has reported 1,337 cases in 63 counties and 56 deaths statewide. That included five cases in Geary County, where Junction City is the county seat, and 22 cases in Douglas County, where Lawrence is located.
The largest number of cases was reported in Wyandotte County, which has seen 24 deaths and more than 331 cases. In Johnson County, which has recorded the second highest number of cases in the state, officials reported 14 deaths and 300 cases.
In a Sunday post on Twitter, Dr. Lee Norman, secretary of the Kansas Department of Health and Environment, cautioned that less testing was often conducted on weekends.
“Mondays are usually a bit more grim,” he wrote. “We know the virus doesn’t take weekends off!”
Across the state line, Missouri has confirmed 4,160 cases and 110 deaths.
Medical professionals have warned that if the spread of the virus is left unchecked, hospitals could be overwhelmed with large numbers of people getting sick at the same time. Schools, businesses and sporting events have been closed as part of an effort to prevent that.
Kelly’s order sought to make sure churches were included as health officials have said four clusters are tied to churches.
Kelly’s order effectively eliminated any chance of holding large in-person Easter services. It sparked backlash from Republicans, who condemned the order as an infringement on religious freedom. They expressed concerns that the order, which carries the force of law, could result in arrests and fines of those defying it, even as they urged people to avoid crowds.
Attorney General Derek Schmidt, a Republican, advised police and sheriffs not to arrest or criminally charge anyone violating the order.
In an email, Jenn Hethcoat, a spokesperson for the Douglas County Sheriff’s Office, said deputies were aware Heritage Baptist Church, located at 1781 E. 800 Road, held services Sunday. Kelly’s order could not be enforced until it has been published by the Secretary of State, Hethcoat said.
The church’s pastor, the Rev. Scott Hanks, told the Lawrence Journal-World the church’s congregants practiced social distancing, but he declined to say how many people attended the service. The newspaper reported seeing about 40 vehicles in the parking lot.
“God wants us to have church,” Hanks told the newspaper. “I can go into a Walmart, a liquor store or a grocery store filled with people, but I can’t go into a church and stay six foot apart from people?”
‘It’s not the same’
Harris, the pastor at Calvary Baptist Church in Junction City, said a service on Easter Sunday drew about 21 people in the church that seats 300. Services there have continued as usual during the pandemic, both in person and streaming online, he said.
In a message Saturday night on Twitter, Harris called Kelly’s order unconstitutional.
“I hope and pray our local (law enforcement) will respect the constitution,” he wrote.
Harris said he understood the pandemic was real and meeting in person carried risks. At the service, he said beforehand, people would be staying apart from each other and would not be shaking hands.
Already, he said, most church members were choosing to stay home and watch online. Of about 80 people who normally attend services, only about 18 to 30 have been attending during the pandemic, he said.
“We understand it’s not the building,” Harris said. “But frankly it’s not the same.”
And, he noted, some people do not have internet access.
The church’s decision to go forward came from a conviction that in-person services are essential, Harris said.
“I view it as absolutely critical,” Harris said. “We believe it is the right thing to do. We have to back that up at some point.”
The decision to hold in-person services received backlash from some in the community who said the church was putting lives at risk.
Junction City Police Chief John Lamb said police had received a few complaints about the church.
A lieutenant visited the church during the 10 a.m. Sunday school and the 11 a.m. services, but reported fewer than 10 people attending. Lamb, when told the pastor said 21 people attended, responded that it did not match what was reported to him.
Four cars were in the parking lot, Lamb said. People inside the church were reportedly maintaining distance from each other.
Lamb said it was his understanding that the service was meant for people who don’t have smartphones or internet access.
The police department understands it is a high-profile issue for the state, and police are paying attention, Lamb said.
If anyone is found in violation of the order, police can take action, he said.
This story was originally published April 12, 2020 at 5:14 PM.
