Court halts ban on mass gatherings at Ky. churches
FRANKFORT, KY. — A federal court halted the Kentucky governor’s temporary ban on mass gatherings from applying to in-person religious services, clearing the way for Sunday church services.
U.S. District Judge Gregory F. Van Tatenhove on Friday issued a temporary restraining order enjoining Gov. Andy Beshear’s administration from enforcing the ban on mass gatherings at “any in-person religious service which adheres to applicable social distancing and hygiene guidelines.”
The ruling from the Eastern District of Kentucky sided with the Tabernacle Baptist Church in Nicholasville, but applies to all places of worship around the common- wealth. Two other federal judges, including U.S. District Judge David Hale, had previously ruled the ban was constitutional. But also on Friday, Hale, of Kentucky’s western district, granted Maryville Baptist Church an injunction allowing in-per- son services at that specific church, provided it abide by public health requirements.
Exceptions to the Demo- cratic governor’s shutdown order include trips to the grocery store, bank, pharmacy and hardware store. Beshear had previously announced that places of worship in Kentucky would be able to once again hold in-person services starting May 20, as part of a broader plan to gradually reopen the state’s economy. Earlier Friday, he outlined requirements for places of worship to reopen, including limiting attendance at in-per- son services to 33% of building occupancy capacity and maintaining 6 feet of distance between household units.
The federal judge’s order in the Tabernacle Baptist Church case said Beshear
A federal court has ruled Kentucky Gov. Andy Beshear’s ban on mass gatherings does not apply to church services.
had “an honest motive” in wanting to safeguard Kentuckians’ health and lives, but didn’t provide “a compelling reason for using his authority to limit a citizen’s right to freely exercise some- thing we value greatly — the right of every American to follow their conscience on matters related to religion.”
Tabernacle had broadcast services on Facebook and held drive-in services, but the substitutes offered “cold comfort,” according to the opinion. The opinion went on to say that Tabernacle alleged irreparable injury and was likely to succeed on the merits of its federal con- stitutional claim.
“The Constitution will endure. It would be easy to put it on the shelf in times like this, to be pulled down and dusted off when more convenient,” Van Tatenhove’s opinion read. “But that is not our tradition. Its enduring quality requires that it be respected even when it is hard.”
His opinion says Kentucky’s attorney general urged the court to apply the injunction statewide, and since the executive order challenged didn’t solely apply to Tabernacle, the injunction granted would also have a similar scope.
“Both rulings affirm that the law prohibits the government from treating houses of worship differently than secular activities during this pandemic,” Attorney General Daniel Cameron, a Republican, said in a statement late Friday.
A three-judge federal appeal court panel had last week cleared the way for Maryville Baptist Church to hold drive-in worship services while adhering to public health requirements, an alternative that Beshear has strongly encouraged throughout the coronavirus pandemic. But that panel had stopped short of applying its order to in-person worship services.
Maryville had defied Beshear’s order for houses of worship to not hold in-person services amid the COVID19 outbreak. At least 50 people attended its Easter service at the church, and the church has held other services since. In response, the governor said Kentucky State Police troopers would record license plates and place notices on vehicles telling Easter service attendees they would have to self-quarantine.
Maryville had turned to the appeals court after Hale had initially refused to stop Beshear’s order from applying to religious services, saying it bans all mass gatherings and thus does not discriminate against religion.
In his order Friday, Hale said the governor failed to prove there was no less restrictive alternative to help reduce the spread of COVID19 and failed to address the appeals court’s suggestion to limit the number of people who could attend services. He said that the burden of proof was on the governor and Maryville Baptist Church “would likely succeed on the merits of their claim under the Kentucky Religious Freedom Restoration Act.”