A.G. Cameron’s office enters brief in support of church suing over Beshear’s order
The day after Kentucky Attorney General Daniel Cameron called for Gov. Andy Beshear to rescind his orders prohibiting in-person church services during the outbreak of COVID-19, his office entered a brief Wednesday in support of a Louisville-area church suing Beshear.
In the brief entered by Deputy Attorney General Barry Dunn, Cameron’s office supports an injunction by Maryville Baptist Church that sought to block Beshear’s orders against holding in-person church services, according to court records. The church’s request for injunction is currently being appealed after U.S. District Court Judge David J. Hale denied it, saying that Beshear’s orders prohibiting mass gatherings did not single out religious expression.
Maryville Baptist Church and its pastor, Jack Roberts, filed the lawsuit against Beshear on April 17. The church defied Beshear’s orders against mass gatherings when it held in-person Easter services. The people who attended found that Kentucky State Police had left notices on their cars during the service ordering them to self-quarantine for 14 days.
The notices informed the church attendees that if they did not comply with the quarantine orders, other enforcement actions would be taken. License plates of cars in the church’s parking lot were also recorded by state police during the service.
“Both the Constitution and state law protect the rights of our citizens, of all faiths and backgrounds, to freely worship as they see fit,” Cameron said in a release Wednesday. “If a church wishes to hold an in-person service to practice their faith, they should be allowed to do so consistent with CDC recommendations. Other states have narrowly tailored their orders to protect the First Amendment rights of citizens while also discouraging the spread of COVID-19. Governor Beshear’s unnecessarily broad orders fail to strike this important balance.”
In Hale’s denial of the the church’s request for an injunction and restraining order against Beshear’s orders, the judge wrote that blocking the ban of mass gatherings “would substantially harm third parties by facilitating the spread of COVID-19.”
The church and pastor filed an appeal of the judge’s denial on April 24, according to court records.
The court was mistaken in finding that Beshear’s orders were neutral toward religion, Cameron’s office wrote in the brief entered Wednesday. The brief also alleged that the court was wrong in finding that Beshear’s orders were likely the “least restrictive means” of slowing the spread of COVID-19.
On Tuesday, Cameron said in a press conference that he would file his own lawsuit against Beshear if the governor did not rescind his order against in-person church services. In Cameron’s release Wednesday, he said that is still his intention.
During his own daily press conference Tuesday, Beshear again said that his order prohibited all mass gatherings, not just those that are faith-based. Beshear also reiterated that there are a number of ways to continue worshiping without in-person services, including virtual and drive-in services.
“I’m not trying to set rules that are difficult and I’m not trying to set rules that are controversial,” Beshear said. “I’m just trying to set rules that save people’s lives.”
