TOPEKA, Kan. — The issue of religious gatherings in the state of Kansas is once again going to court.
Two churches filed a federal lawsuit Thursday in U.S. District Court in Kansas, arguing that Gov. Laura Kelly’s executive order 20-18 violates the First Amendment as well as the Kansas Preservation of Religious Freedom Act.
Pastor Stephen Ormord with the First Baptist Church in Dodge City and Pastor Aaron Harris of Calvary Baptist Church in Junction City are asking the court to enter a permanent injunction blocking the portion of the order than limits church gathering to less than 10 people.
RELATED: At least one Kansas church defies Gov. Kelly’s order Easter Sunday
Churches and religious services were exempt from Kelly’s original executive order banning gatherings of 10 or more people. However, the governor changed course and included places of worship after several COVID-19 outbreaks in the state were linked to church services.
A Republican-dominated legislative panel tried to overturn Kelly’s executive order, but the state Supreme Court ruled in Kelly’s favor before Easter Sunday, stating the panel didn’t have the authority to overturn the order.
The court did not take a position on the merits of the order itself.
According to the lawsuit filed Thursday, attorneys for the churches argue that executive order 20-18 “carves out broad exemptions for 26 types of secular activities” including gatherings at bars, restaurants, libraries and retail establishments, while singling out “churches and other religious activities.”
On Easter Sunday, Ormord attempted to hold a drive-in church service, but was unable to do so due to high winds and technical difficulties. The service was eventually held inside, according to the suit.
The lawsuit also says Harris held an indoor service the same day with 21 congregants, who participated in social distancing.
Two days later, Harris spoke to the Geary County Sheriff, who warned him that he would be subject to criminal enforcement of the executive order, should he continue to hold in-person service with more than 10 people.
The lawsuit argues that both churches have made attempts to limit the spread of germs, such as providing hand sanitizer and spacing out pews.
In a statement, a spokesperson for Kelly’s office said the order is about saving Kansans’ lives.
“We are reviewing the complaint, which we received after close of business today. As Governor Kelly has said, this is not about restricting religion, it is about keeping people safe and saving Kansans’ lives.”
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