Tuesday, November 24, 2020

Kentucky AG Sues Its Governor Over Religious School Closures

Last Friday, Kentucky's Attorney General along with a Kentucky Christian school filed a lawsuit in federal district court against Kentucky Governor Andrew Beshear challenging his recent COVID-19 Order barring schools-- including private religious schools-- from meeting in person. The complaint (full text) in Danville Christian Academy, Inc. v. Beshear, (ED KY, filed 11/20/2020) alleges in part:

The order contains no accommodations for religious education , despite such education being recognized by the Supreme Court as a “vital” part of many faiths... And, like the Governor’s previously enjoined orders, the latest order burdens religious institutions while arbitrarily allowing other gatherings that pose similar health risks to continue.

Regardless of how well-intentioned the Governor might be, his actions violate the federal and state constitutions and Kentucky’s Religious Freedom Restoration Act. His actions also infringe on the autonomy of religious institutions and violate the Constitution’s Establishment Clause.

The Attorney General issued a press release announcing the filing of the lawsuit.