Court halts ban on mass gatherings at Kentucky churches

A federal court halted the Kentucky governor's temporary ban on mass gatherings from applying to in-person religious services, clearing the way for Sunday church services.

U.S. District Judge Gregory F. Van Tatenhove on Friday issued a temporary restraining order enjoining Gov. Andy Beshear's administration from enforcing the ban on mass gatherings at “any in-person religious service which adheres to applicable social distancing and hygiene guidelines.”

The ruling from the Eastern District of Kentucky sided with the Tabernacle Baptist Church in Nicholasville, but applies to all places of worship around the commonwealth. Two other federal judges, including U.S. District Judge David Hale, had previously ruled the ban was constitutional. But also on Friday, Hale, of Kentucky’s western district, granted Maryville Baptist Church an injunction allowing in-person services at that specific church to proceed, provided the church abide by public health requirements.

Exceptions to the Democratic governor's shutdown order include trips to the grocery store, bank, pharmacy and hardware store. Beshear had previously announced that places of worship in Kentucky will be able to once again hold in-person services starting May 20, as part of a broader plan to gradually reopen the state’s economy. Earlier Friday, he

The federal judge's

Tabernacle had broadcast services on Facebook and held drive-in services, but the substitutes offered “cold comfort,” according to the opinion. The opinion went on to say that Tabernacle alleged irreparable injury and was likely to succeed on the merits of its federal constitutional claim, as the defendants didn't “dispute the challenged orders place a burden on the free exercise of religion in Kentucky.”

“The Constitution will endure. It would be easy to put it on the shelf in times like this, to be pulled down and dusted off when more convenient,” Van Tatenhove's opinion read. “But that is not our tradition. Its enduring quality requires that it be respected even when it is hard.”

His opinion says Kentucky's attorney general urged the court to apply the injunction statewide, and since the executive order challenged didn't solely apply to Tabernacle, the injunction granted would also have a similar scope.

“Both rulings affirm that the law prohibits the government from treating houses of worship differently than secular activities during this pandemic,” Attorney General Daniel Cameron, a Republican, said in a statement late Friday.

A three-judge federal appeal court panel

Maryville had defied Beshear’s order for houses of worship to not hold in-person services amid the COVID-19 outbreak. At least 50 people attended its Easter service at the church, and the church had held other services since. In response, the governor said Kentucky State Police troopers would record license plates and place notices on vehicles telling Easter service attendees they would have to self-quarantine.

The Bullitt County church had turned to the appeals court after Hale had initially refused to stop Beshear’s order from applying to religious services, saying it bans all mass gatherings and thus does not discriminate against religion.

Beshear's office had not issued a statement on the injunctions as late Friday night.

For most people, the coronavirus causes mild or moderate symptoms, such as fever and cough that clear up within weeks. For some, especially older adults and those with existing health problems, it can cause more severe illness, even death.

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