Kansas Churches Get Covid-19 Gathering Ban Overturned, for Now

Kansas’ prohibition on religious gatherings of more than 10 attendees was blocked over the weekend by a federal judge who said the order likely unconstitutionally targets religious activities for extra restrictions.

Kansas, like many states, has leaned on its police powers to “flatten the curve” of the Covid-19 pandemic in its communities. And as in Kentucky and Mississippi, the push to enforce social distancing guidelines during the public health crises has created friction with church congregations who are used to gathering in large numbers for worship.

First Baptist Church of Dodge City and Calvary Baptist Church of Junction City challenged Kansas’ most recent prohibition on gatherings larger than 10 people, issued the week before Easter and applying to church venues for the first time.

The churches “have made a substantial showing that development of the current restriction on religious activities shows religious activities were specifically targeted for more onerous restrictions than comparable secular activities,” Judge John W. Broomes said April 18 for the U.S. District Court for the District of Kansas.

He granted their request for a temporary restraining order against the order’s enforcement. He also ordered them to undertake specific safety measures like providing hand sanitizer, increasing ventilation, observing social distance measures, and not using collection plates during the service. The measures had been proposed by the churches themselves, according to the opinion.

Gov. Laura Kelly’s (D) stay-at-home orders had classified religious activities as essential functions for which people are allowed to leave their homes. There are other secular venues in Kansas that serve other “essential functions” to a high volume of people, like grocery stores, hotels, airports, and childcare providers, according to the court’s opinion.

But “it appears to be the only essential function whose core purpose—association for the purpose of worship—had been basically eliminated” by the banning of large gatherings, Broomes said.

The court will hear further argument from the parties later this week, when it holds a hearing on the churches’ motion for a preliminary injunction.

Alliance Defending Freedom and Kriegshauser Law LLC represent the churches.

Irigonegaray, Turney, & Revenaugh LLP represent the Governor in her official capacity.

For additional legal resources, visit Bloomberg Law In Focus: Coronavirus (Bloomberg Law Subscription).

The case is First Baptist Church v. Kelly, D. Kan., No. 20-cv-01102, 4/18/20.