Kansas Supreme Court rules in favor of governor’s order limiting religious services to 10 people

“We agreed to expedite these proceedings due to the nature of the public health emergency all agree is present,” the court said in the Saturday majority opinion.

Kelly said last week in a statement, “As Holy Week gets underway – and with Kansas rapidly approaching its projected ‘peak’ infection rate in the coming weeks – the risk for a spike in COVID-19 cases through church gatherings is especially dangerous. This was a difficult decision, and not one I was hoping to have to make.”

Republican lawmakers had previously voted along party lines to rescind Kelly’s order.

“In our view, Kansas statute and the Kansas Constitution’s Bill of Rights each forbid the governor from criminalizing participation in worship gatherings by executive order,” State Attorney General Derek Schmidt wrote in a memo.

Republican Senate President Susan Wagle said the order was an overreach on Kelly’s part, adding people had independently decided not to attend religious services.

“I think they were just very upset with the fact that the government was going to tell them that they couldn’t practice their religion,” Wagle said.

The court’s ruling comes as Department of Justice spokeswoman Kerri Kupec tweeted that Attorney General William Barr is “monitoring” government officials regulating religious services, and people can “expect action from DOJ next week.”

“During this sacred week for many Americans, AG Barr is monitoring govt regulation of religious services. While social distancing policies are appropriate during this emergency, they must be applied evenhandedly & not single out religious orgs. Expect action from DOJ next week!” Kupec tweeted.