Gov. Laura Kelly is wrong to single out Kansas churches for punishment
This past weekend, two small churches in Kansas found a safe, responsible way to gather in person to worship. With rural congregations and punishing April winds across the plains, First Baptist Church of Dodge City and Calvary Baptist Church in Junction City both encountered unique challenges trying to pull off livestreaming and drive-in services.
As a solution, both churches meticulously followed health and safety protocols by making personal protective equipment such as face masks, gloves and hand sanitizer available for attendees. Both churches also enforced strict social distancing requirements, with one even going so far as to tape off eight-foot sections in their seating rows just to stay on the safe side.
Yet, despite these extensive precautions — which both churches have carefully observed week by week throughout the coronavirus pandemic — it took an emergency court order issued Saturday night in federal court for members of these churches to gather Sunday morning.
That’s because Gov. Laura Kelly issued an executive order stripping churches of their previously granted exemption from the ban on gatherings of more than 10 people — all while keeping open 26 types of secular activities, including certain retail establishments and office buildings.
After Alliance Defending Freedom worked with local attorneys to file a request for a temporary restraining order in federal court last week, Kelly released a new order with fewer exemptions. But even though Kansas now imposes a stricter standard on a couple more places than it originally had, it still exempts many businesses from these requirements while treating churches and people of faith worse than those businesses.
That’s not just unfair; it violates the Constitution. The U.S. Supreme Court affirmed this principle in its 2017 Trinity Lutheran decision — a case that ADF won 7-2 — holding that “the Free Exercise Clause protects religious observers against unequal treatment” and ruling that treating religious groups worse than secular groups is “odious to our Constitution … and cannot stand.”
That’s why a federal court ruled in favor of these churches on Saturday, ensuring their freedom to gather safely and responsibly the following day. And it’s why we have requested a preliminary injunction to halt the state’s unconstitutional order that singles out churches for punishment if they dare host the same size meeting on Sunday as a real estate office might host on Monday.
I won’t be the first to point out that we’re facing unprecedented times. It’s understandable that government leaders, even those with good intentions, will make missteps along the way. But that’s why we have a system of checks and balances, where people can appeal to the court to uphold the promises enshrined in state and federal constitutions.
Before filing suit, we sent a letter to Kelly outlining the flaws in her mandate and specifying how to correct the constitutional problems with her order while protecting Kansans’ lives. Unfortunately, those requests were ignored, leaving the courtroom as our only remedy for the situation.
This is a time that calls for cooperation, particularly among government and faith leaders. Believe me: Going to court was a move of last resort for these pastors, who only want to serve their congregations and community safely. This is also a time when government officials should be reminded of the essential role that faith plays in the lives of millions of Americans, especially in times of crisis.
For so many Americans, our faith inspires us to act for the good of our neighbors and for the flourishing of society. For Christians, as for those of other faiths, our beliefs are not just an add-on; they’re an essential part of who we are.
Gov. Kelly has insisted that her order singling out churches for unfair treatment “is not about restricting religion,” but this isn’t just a question of her motives or anyone else’s. It’s about what the First Amendment insists upon — and that’s equal treatment for people of faith.
Tyson Langhofer is a 40-year Kansas resident and senior counsel for Alliance Defending Freedom, which represents First Baptist Church of Dodge City and Calvary Baptist Church in Junction City, along with co-counsel Ryan Kriegshauser and Josh Ney.
This story was originally published April 24, 2020 at 5:00 AM with the headline "Gov. Laura Kelly is wrong to single out Kansas churches for punishment."