More than 400 nonpublic schools in Michigan filed a federal lawsuit seeking to block Gov. Gretchen Whitmer’s extension to a coronavirus order that bans in-person instruction at high schools.
“The state’s latest order inhibits the faith formation of students and violates their constitutional right to practice religion while leaving open secular businesses where transmission of COVID-19 is more likely to occur,” said Brian Broderick, executive director of the Michigan Association of Nonpublic Schools.
The lawsuit was filed by a group of over 400 nonpublic schools and three Catholic high schools, along with 11 parents. They have argued that they can safely provide in-person instruction to their students and are seeking an injunction to block the order from being enforced.
Whitmer on Monday extended her partial lockdown order for an additional 12 days after it went into effect on Nov. 18, saying deaths had already surpassed the projected 100 people per day by Christmas.
“Here we are a few weeks before Christmas, and we are already sadly above that mark,” Whitmer said. “And that means our progress is fragile, and we cannot let up yet.”
In addition to closing all public and nonpublic high schools to in-person instruction, the order restricts indoor dining and limits indoor and outdoor gatherings.
“We have not yet seen the full impact of activities around Thanksgiving on our cases and hospitalizations,” Whitmer said.
Robert Gordon, the state’s health department director, said Michigan uses three metrics to determine the severity of restrictions: new daily COVID-19 cases, the number of state hospital beds occupied by COVID-19 patients, and the test positivity rate.
Whitmer said if those metrics improve, Michigan could look into easing restrictions for schools and other venues, but said the state’s priority will be opening schools.
“Our first priority should be getting students back in the classroom,” Whitmer said.
