Kansas churches, pastors sue Gov. Kelly over coronavirus ban on religious gatherings
Two Kansas churches and their pastors are suing the governor over her executive order that bans mass religious gatherings due to the novel coronavirus pandemic.
The lawsuit was filed Thursday in U.S. District Court in Wichita by Calvary Baptist Church in Junction City and pastor Aaron Harris and First Baptist Church in Dodge City and pastor Stephen Ormond. They are being represented by the Alliance Defending Freedom. Kansas Gov. Laura Kelly is the only defendant.
The federal lawsuit follows a narrow decision by the Kansas Supreme Court on Saturday that allowed Kelly’s mass gathering ban to prohibit religious services with more than 10 people. The ruling came before Easter Sunday worship services, and justices did not consider the constitutionality of the order relating to religious liberty.
The churches and their pastors are asking a federal judge to issue an injunction prohibiting Kelly’s executive order from being enforced, allowing churches to meet in-person with more than 10 people. The pastors also seek a declaration that the executive order violates the First Amendment and Fourteenth Amendment, as well as the Kansas Religious Freedom Restoration Act.
The plaintiffs contend the governor’s executive order violates their constitutional rights to the free exercise of religion, freedom of speech, right to assemble and due process.
According to the lawsuit, First Baptist Church in Dodge City serves a small, rural congregation with an average attendance between 50 and 75 people. They tried to hold their Easter Sunday worship service online and drive-in, but “high winds and internet streaming problems made it impossible for congregants to listen to or effectively participate in the service.”
Calvary Baptist Church in Junction City has an average attendance between 75 and 100 people in a building with a seating capacity of about 300. It held an Easter Sunday service where 21 congregants gathered in-person.
“Plaintiffs sincerely believe that the Bible teaches the necessity of gathering together for corporate prayer and worship and that such assembly is necessary and good for the Church and its members’ spiritual growth,” the lawsuit states. “... Executive Order 20-18 targets, discriminates against, and shows hostility towards churches, including Plaintiffs.”
The lawsuit also contends that the government “does not have a compelling reason for prohibiting church services where congregants can otherwise practice adequate social distancing protocol, especially when compared to the vast secular activities exempted under the order, nor has it selected the least restrictive means to further any purported interest.”
As of Monday, there were 23 known coronavirus clusters in the state, said Lee Norman, secretary of the Kansas Department of Health and Environment. Five of those were at religious institutions.
Five of the outbreaks were in Sedgwick County, the local health department later reported. Three of those were religious gatherings.
This story was originally published April 16, 2020 at 10:40 PM with the headline "Kansas churches, pastors sue Gov. Kelly over coronavirus ban on religious gatherings."