Federal judge allows Kansas churches exemption from 10-person limit on gatherings

by Karen Faulkner, Worthy News Correspondent

(Worthy News) – A federal judge in Kansas issued a temporary restraining order Saturday, giving churches exemption from Democrat Gov. Laura Kelly’s executive order banning gatherings of more than 10 people. The governor’s order was issued on March 23 to slow the spread of COVID-19, but was not extended to houses of worship until just before Easter as the virus infection rate climbed to a projected peak.

President Trump nominee District Judge John Broomes issued the restraining order after the Calvary Baptist Church in Junction City and First Baptist Church in Dodge City filed a federal lawsuit to block enforcement of the Governor’s executive ban. The restraining order will remain in place until May 2, after which the judge will decide on whether to extend it. The judge said houses of worship must, in any event, observe social distancing rules.

The latest decision follows a Kansas Supreme Court ruling last week, in which judges decided in favor of Kelly’s order. The Governor had filed an emergency application with the Supreme Court after her order was overturned by a Republican-controlled senate. The Governor’s office said at least six deaths and 80 cases in the state were connected to religious services, the Hill reports. Ninety-two people have died from the virus in Kansas as of Monday.

In his ruling, U.S. District Judge John Broomes said: “Churches and religious activities appear to have been singled out among essential functions for stricter treatment.” According to a Time report, the judge noted that gatherings at airports and industrial facilities were not subject to such restrictions. Reportedly, the judge did not rule on whether Kelly’s order was constitutional but said it breached the First Amendment and Kansas freedom of religion law.

According to the Associated Press, Governor Kelly said: “We are in the middle of an unprecedented pandemic. This is not about religion. This is about a public health crisis.” She reportedly stated she would remain “proactive” in protecting public health.

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