U.S. Senate Majority Leader Mitch McConnell and Senator Rand Paul, along with 36 other Republican Senators, have submitted an amicus brief Friday to the Supreme Court in support of an emergency application to stop the enforcement of Gov. Andy Beshear’s order suspending in-person instruction for Kentucky schools.
Though the order applies to all public and private K-12 schools in the state, Kentucky Attorney General Daniel Cameron and Danville Christian Academy filed a lawsuit last month arguing that a religious education is protected by the First Amendment — meaning they should be exempt from the order.
On Nov. 25, a federal district judge ruled in favor of Cameron and issued a statewide preliminary injunction against Besehar’s order. Beshear appealed to the U.S. Circuit Court of Appeals for the Sixth Circuit, and a three-judge panel issued a stay of the order on Nov. 29.
More than 1,500 Kentucky parents and 20 religious schools joined the Attorney General in filing an amicus brief prior to the federal district judge’s ruling.
On Monday, Cameron filed an emergency application with the Supreme Court, asking them to reinstate the ruling by the federal district court judge that would stop the enforcement of Beshear’s order suspending in-person instruction at Kentucky’s private religious schools.
In a release regarding the amicus brief they filed Friday showing support of the emergency application, the senators “explain that the Constitution cannot permit the selective and overzealous targeting of religious institutions by local officials who seek to impose stricter restrictions in the name of public health than the restrictions enforced against similar but non-religious establishments. In this case, Governor Beshear in Kentucky has unconstitutionally ordered K-12 schools including religious schools to shut their doors while permitting preschools, colleges, business offices, entertainment venues, and many other secular institutions to remain open.”
Beshear issued a statement Friday reading: “Kentucky is in the midst of a deadly third wave of the coronavirus. We have taken the necessary actions to slow the growth in cases and save the lives of our fellow Kentuckians. In the most recent executive order regarding schools, every school is treated equally and each is asked to do its part over a limited period of time to slow the spread of the virus. The effectiveness of these actions requires everyone to take part, and anyone or any entity that tries to be the exception lessens the effectiveness of the steps.”
A statement from McConnell reads: “Everyone understands this has been a challenging time for local leaders, but pandemics don’t erase our First Amendment rights. Courts have repeatedly had to defend Americans of faith from overzealous officials who have tried to treat religious institutions in a uniquely disfavored way relative to other parts of society. Enough is enough.”
A statement from Paul reads: “I’m proud to co-lead this brief on behalf of all Kentuckians, whose fundamental right to religious liberty is guaranteed by the First and Fourteenth Amendments, and stand up to our power-hungry Governor who continues to overstep his authority with yet another unconstitutional shutdown of the free exercise of religion.”
According to Beshear’s initial order on Nov. 18, public and private schools had to cease in-person learning beginning Nov. 23. Middle and high schools are to remain in remote instruction until Jan. 4. Elementary schools may reopen Dec. 7 if their county is not in the red zone and the school follows all Healthy at Schools guidance.
As of Friday, all but six of Kentucky’s 120 counties were still in the red zone.
Beshear on Friday reported 3,614 new cases of COVID-19 for the state, as well as 25 new coronavirus-related deaths. That brings Kentucky’s total to 194,193 cases and 2,039 deaths.
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