Judge Delivers Blow To Kansas Gov’s Church Gathering Ban: Talking Points Memo
In First Baptist Church v. Kelly federal judge John W. Broomes delivered a blow to Kansas Governor Laura Kelly’s (D) ban on church gathering Saturday, allowing two local churches to conduct in-person, though socially-distanced, services.
“Plaintiffs are likely to suffer irreparable harm in the form of denial of their constitutional right to the free exercise of their religion,” wrote former oil & gas lawyer U.S. District Judge John Broomes in his ruling, adding that the restrictions on religious gatherings “are more severe than restrictions on some comparable non-religious activities.”
He granted the plaintiffs, the First Baptist Church in Dodge City, Calvary Baptist Church in Junction City and their pastors, a temporary restraining order set to expire May 2. A preliminary injunction hearing will be held on Thursday.
The two churches will be allowed to continue holding church services as long as they follow CDC guidelines to prevent the spread of COVID-19, like ensuring six feet of space between worshippers and setting out hand sanitizer.
In a statement, Kelly indicated that the court battle is far from over.
“This is not about religion. This is about a public health crisis,” Kelly said. “This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake.
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