‘Shockingly irresponsible’: Kansas GOP risks lives by rejecting governor’s church order
Five Kansas lawmakers took a stunning, dangerous step Wednesday by voting to overturn Gov. Laura Kelly’s executive order limiting church services to 10 or fewer congregants during the COVID-19 pandemic.
More Kansans will get sick because of the committee’s vote. More lives will be at risk.
The Legislative Coordinating Council made the decision. As lawmakers left Topeka earlier this year, it empowered the committee to review Kelly’s orders. While the governor can issue new orders, the decision here is final.
All the Republicans on the committee voted to overturn the order. The Democrats voted to keep it. In a news conference Wednesday, Kelly called the decision “shockingly irresponsible.” She directed her lawyers to explore legal options in the face of the committee’s vote.
To be clear: Kelly did not prohibit anyone from praying or worshiping. She simply limited mass church attendance in an effort to slow the spread of the deadly coronavirus, just as other governors across the country have done.
Kansas has experienced 12 “clusters” of coronavirus outbreaks. Of those, three came from church-related activities. That alone, the governor’s office said Wednesday, amounted to a compelling need to act.
As we approach the peak of this pandemic, there is no longer any question that putting a stop to large gatherings is an absolute imperative. Most Kansans understand that the only safe decision is to stay home. That Kansas lawmakers were even debating this question should deeply trouble their constituents.
The governor’s order was inarguably necessary and appropriately limited. Forty-four states, including Missouri, limit church attendance to 10 persons or fewer, or no one at all.
Yet some Republicans spent Wednesday blistering the governor’s efforts, putting the people of Kansas at risk of greater spread of the virus.
Kansas Senate President Susan Wagle led the parade, further undercutting her own credibility and raising serious questions about her judgment. She called Kelly’s order “out of line, extreme,” pronouncing it unconstitutional and a “blatant violation” of religious rights.
Incredibly, she tried to turn the coronavirus dispute into another unnecessary, tiresome jeremiad against abortion. Yet what is pro-life about endangering the health of thousands of Kansans by overturning Kelly’s order?
Other Kansas Republicans piled on Wednesday. In a news release, party officials claimed inaccurately that Kelly had prohibited churches from holding services. “An executive order that blatantly violates the United States and Kansas constitutions is not the answer,” said Kansas GOP chairman Mike Kuckelman.
State Rep. Dan Hawkins, a Wichita Republican, urged Kelly to withdraw the order.
Kansas Attorney General Derek Schmidt, in a breathtaking straddle, said Kelly’s order was “sound public health advice that Kansans should follow,” yet also said law enforcement officials should not enforce it.
To be absolutely clear: Schmidt’s opinion is just that, an opinion. It does not have the force of law.
Kelly’s decision to limit attendance at religious facilities is undoubtedly an extraordinary measure. There are clear First Amendment reasons that such a step should only be taken in an extreme emergency, and only after thorough discussion of alternatives.
But there can be no doubt that Kansans face just such an emergency. State officials said they are “deeply concerned” about the growing death toll in Kansas, and that limiting services is the proper approach.
The prohibition on large church gatherings certainly would have been lifted when the coronavirus danger had subsided. That moment is not now. Now is the time for quiet prayer and reflection, and an effort by all Kansans to limit the spread of COVID-19.
The Legislative Coordinating Committee endangered Kansans Wednesday. It prolonged the public health risk in our state. Its members should be ashamed, and its actions should be remembered.
This story was originally published April 8, 2020 at 4:33 PM.