LOUISVILLE, Ky. (WDRB) — A federal judge has denied a Hillview, Kentucky, church's request for a temporary restraining order against Gov. Andy Beshear's executive order prohibiting mass gatherings during the COVID-19 pandemic.
In denying Maryville Baptist Church's motion Saturday night, U.S. District Judge David Hale of Kentucky wrote, "A temporary restraining order allowing large in-person gatherings would substantially harm third parties by facilitating the spread of COVID-19, and the public interest does not favor a temporary restraining order."
Claiming Beshear's order violates congregation members' First Amendment rights and the Kentucky Religious Freedom Restoration Act, the Bullitt County church and its pastor, Jack Roberts, filed the federal lawsuit Friday in Louisville. Roberts argues that people have a constitutional right to continue in-person church services during the pandemic and has enlisted the help of the Liberty Counsel, a nonprofit litigation and policy organization that advocates for religious freedom, in the legal battle.
In a seven-page opinion, however, Hale argues that Beshear's order does not discriminate against religious conduct because it prohibits all mass gatherings. Hale's ruling also notes that Beshear's order does not limit other forms of group worship: drive-in, online, video/telephone conferencing, Facebook or radio and TV broadcasts.
"Religious expression is not singled out," Hale wrote.
"The ruling was along the lines of (what) we've been saying; we want everybody to be able to worship," Beshear said Sunday. "We just want you to do it safely, and nobody wants their worship service to spread the coronavirus, and we have seen examples of that all over the country and we have seen not just cases come out of it but even deaths come out of that and any other mass gathering. That's why, the orders that we put out, none of them are particular to any faith-based mass gathering; it's to all mass gatherings. You don't see sporting events right now, either, that have spread this virus.
"To my knowledge, every other church in Kentucky is holding either virtual or drive-in services, and we're one of a handful of states that allows drive-in services because we want to make sure that everybody can have that opportunity to worship," the governor added. "I just mention that, at this church, there is a drive-up option and there is a virtual option. I just wish that everyone would select that because it would mean that everybody is being safe in what they're doing."
According to Hale's ruling, representatives of Maryville Baptist Church suggested "at the outset of their complaint that this case be 'considered related to'" an earlier lawsuit filed by Louisville's On Fire Christian Church asking for a temporary restraining order against Mayor Greg Fischer's prohibition on drive-in services during the pandemic. Declaring Fischer "criminalized the communal celebration of Easter" and his prohibition "beyond all reason, unconstitutional," U.S. District Judge Justin Walker of Louisville granted On Fire its restraining order, and the church held a drive-in Easter Sunday service.
In his ruling, Hale said Maryville Baptist Church did not move to reassign its case to Walker "and the Court does not find that reassignment would be in the interests of justice."
"There are no parties in common, and the plaintiffs in the two cases challenge different actions by different government officials or entities," added Hale, who was nominated to the bench by former President Barack Obama and was confirmed by the U.S. Senate in December 2014.
Three Maryville Baptist Church attendees have filed a separate lawsuit asking a federal judge to declare Beshear's order unconstitutional after they claim they received notices to quarantine after attending Easter Sunday service at the church on April 12. Troopers with Kentucky State Police were at the church on Easter recording attendees' license plate information to forward to local health departments, which Beshear said would then present orders to self-quarantine for 14 days at the car owners' homes. Failure to comply could result in further enforcement, the notices said.
In an effort to "reduce and slow the spread of COVID-19," Beshear issued the executive order prohibiting "any event or convening that brings together groups of individuals, including, but not limited to, community, civic, public, leisure, faith-based, or sporting events; parades; concerts; festivals; conventions; fundraisers; and similar activities" on March 19.
Related Stories:
- Maryville Baptist asks for donations to fund lawsuit after Gov. Beshear banned mass gatherings
- Churchgoers sue Kentucky Gov. Andy Beshear over in-person worship ban, continue in-person gatherings
- Kentucky pastor ordered to self-quarantine after Easter service won't comply
- Judge grants Louisville church's temporary restraining order against Mayor Fischer to allow drive-in service
- Louisville church to sue Mayor Greg Fischer for not allowing drive-in services during pandemic
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