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Court Stops Kansas Governor From Closing Churches But Letting Abortion Clinics Kill Babies
Life News ^ | April 20, 2020 | Steven Ertelt

Posted on 04/20/2020 9:39:02 AM PDT by Morgana

Under orders from pro-abortion Governor Laura Kelly, Kansans can be punished for going to church because of the coronavirus, but abortion facilities in the state continue to jeopardize lives by killing unborn babies. However, a court put a temporary stop to that over the weekend.

Kelly’s executive order, issued just before Easter, bans religious services of more than 10 people. It also allows religious leaders and their congregants to be punished with fines of up to $2,500 and 12 months in jail for violations. Meanwhile, abortion businesses, including one in Wichita that kills unborn children in late-term abortions, can remain open.

Previously, the state Legislative Coordinating Council and Attorney General Derek Schmidt took action to stop her executive order against religious gatherings. However, Kelly filed a lawsuit challenging the council and Schmidt and eventually the Kansas Supreme court upheld Kelly’s order.

The ruling addressed the council’s authority to stop Kelly’s executive order; it did not deal with the question of religious freedom. So Kansas churches are taking Kelly back to court, saying their First Amendment religious freedom rights are being denied.

And on Saturday they won their first battle as a federal district court issued a temporary restraining order requested by attorneys from Alliance Defending Freedom on behalf of two Kansas churches against Kelly’s mass gathering ban that unconstitutionally treats religious congregations different from many secular gatherings.

Afterwards, Alliance Defending Freedom Senior Counsel Ryan Tucker told LifeNews:

“Singling out churches for special punishment while allowing others to have greater freedom is both illogical and unconstitutional. We’re pleased that the court halted the governor from subjecting our clients to that type of targeting and agreed that the churches are likely to prevail on their claim that doing so violates the First Amendment. The order specifies that our clients are to abide by their own proposed, rigorous social distancing practices for the time being while our case continues in court, which these churches are obviously happy to do, since they proposed those rules themselves for everyone’s health and safety. In light of the court’s order, we hope the governor will act quickly to remedy the unconstitutional provision of her mass gathering ban and avoid the need for continued litigation.”

ADF attorneys filed the motion for temporary restraining order when it filed the lawsuit First Baptist Church v. Kelly on Friday in the U.S. District Court for the District of Kansas.

The two churches of less than 100 people each are in rural Kansas counties with COVID-19 infection rates of less than one-tenth of one percent, and both churches have voluntarily implemented rigorous social distancing measures, including temperature checks, six-foot separations between persons or families, drastic occupancy limit reductions, no usage of church bulletins or offering plates, increased ventilation, availability of masks and hand sanitizer, and more. The churches are also working to hold drive-in or outdoor church services but wish to be able to safely meet in the church building if such services are not feasible.

“Gov. Kelly has had ample opportunity to correct the obvious constitutional problem with issuing a church-specific ban and has chosen not to. So we have no choice but to go to court to defend the constitutionally protected freedoms of these congregations,” Tucker said previously.

The governor’s executive order carves out broad exemptions for 26 types of secular activities from its gathering ban, but the order singles out “churches and other religious services or activities” of 10 or more people regardless of whether social distancing, hygiene, and other efforts to slow the spread of COVID-19 are practiced. And busy abortion clinics are allowed to remain open as well.

This prompted Kansas Attorney General Derek Schmidt to issue a memorandum to all Kansas prosecutors and law enforcement stating that the religious gathering prohibitions of the order “likely violate both state statute and the Kansas Constitution.” In light of that, the Kansas Legislative Coordinating Council voted to rescind the governor’s religious gathering ban. Kelly took the matter to the Kansas Supreme Court, which ruled that the legislature didn’t have the authority to rescind the order, and that a separate lawsuit would need to be filed to challenge the constitutionality of the ban.

So ADF attorneys filed First Baptist Church v. Kelly in the U.S. District Court for the District of Kansas on behalf of First Baptist Church and its pastor, Stephen Ormord, in Dodge City and Calvary Baptist Church and its pastor, Aaron Harris, in Junction City. Joshua Ney and Ryan Kriegshauser, two of more than 3,100 attorneys allied with ADF, are serving as co-counsel in the case for the two churches.

As the lawsuit notes, U.S. Attorney General William Barr issued a statement on April 14 related to an ADF case in Mississippi that explains the federal government’s position that “the First Amendment and federal statutory law” prohibit governments from “impos[ing] special restrictions on religious activity that do not also apply to similar nonreligious activity.”

“For example,” Barr wrote, “if a government allows movie theaters, restaurants, concert halls, and other comparable places to assemble to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings. Religious institutions must not be singled out for special burdens.”

Punishing church-goers is not just a possibility. It already is happening in the U.S.

Last week, police fined members of a Mississippi church $500 each for attending a “drive-in” church service. Supposedly they violated a social distancing order even though the church, Temple Baptist in Greenville, required attendees to stay in their vehicles with the windows up and listen to the worship service through their radios, according to the Washington Times. A Florida pastor also was arrested in March for holding church services.

Pro-life sidewalk counselors also are being arrested for offering information and resources to pregnant moms as they go into abortion facilities. Earlier this month, David Benham and several others were arrested for praying outside an abortion clinic in Charlotte, North Carolina.

Social distancing measures are supposed to protect lives. But Kelly and other Democrat governors are allowing abortion facilities to remain open to kill unborn babies in elective abortions.

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In Kansas in particular, there are major concerns that abortion facilities may be jeopardizing the lives of all Kansans by bringing in abortionists and patients from other states who may have the coronavirus.

Operation Rescue recently uncovered information about a California abortionist practicing at a Wichita abortion facility after allegedly being exposed to the coronavirus. Pro-life advocates believe the abortionist was not tested for the virus and could be spreading it to patients.

Another abortionist may be practicing at the Wichita facility without a license. “The abortionist on duty over the eventful weekend was believed to be a former Trust Women abortionist named Cheryl Chastine, who allowed her Kansas medical license to expire in 2016, after quitting her job in Wichita. It has not been renewed. Chastine is also not listed on Trust Women’s current 24-hour consent form as required by law,” according to the pro-life organization.

In response to these concerns, the Sedgwick County Commissioners approved a recommendation last week urging Kelly and the Kansas Department of Health and Environment to include elective abortions in their restrictions on non-essential health care.

Writer C. Mitchell Shaw commented on the troubling situation:

Government is often mocked for its inefficiency, but in this case, the Kansas Supreme Court acted with extreme efficiency to trample the rights of church-goers. Perhaps the issue was never one of efficiency, but of priorities.

… A Kansan can visit a crowded abortion clinic and obtain an “elective surgery” to kill her unborn child without threat of arrest. But if a Kansan attends a religious service with even 11 people present and spread out widely across a building that seats hundreds, they all face arrest and prosecution.

That is the very definition of religious suppression by the state.

It also is a sign of politicians’ true priorities, ones that elevate certain human lives above others.


TOPICS: General Discusssion; Religion & Politics
KEYWORDS: 10thcircuit; abortion; christians; dkansas; johnbroomes; judiciary; kansas; politicaljudiciary; prolife; tenthcircuit; trumpjudge

1 posted on 04/20/2020 9:39:02 AM PDT by Morgana
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To: Morgana

Kansas has beaches?


2 posted on 04/20/2020 9:40:12 AM PDT by Ouchthatonehurt
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To: Morgana

Catholic bishops closed Masses as soon as the orders went out and never fought for the right to gather. There could be Mass without offering the Host to all and have a spiritualCommunion. Just goes to show what hypocrite the bishops are. I am Catholic and go to church daily but no Masses going on. We have services online but can’t gather together. Sad. First Amendment being crushed.


3 posted on 04/20/2020 9:46:44 AM PDT by Citizen Soldier
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To: Morgana

Yes the gov intimidated our pastor and he has cancelled services until our masters permit us to peaceably assemble for religious purposes. Pissed off? Yep. Part of my Chinese flu check will go to whomever runs against our pro-babykilling democrat ditz of a governor. Had the Chinese flu here in south-central KS back in January. No one I know of has died. Our county has, per the official state Chinese flu web site, exactly one confirmed case.


4 posted on 04/20/2020 9:50:44 AM PDT by ammomajor (If 'helicopter Ben' says gold isn't money, I want more of it.)
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To: Morgana

Democrats are simply the party of evil. One would think that a “Kansas Democrat” would be somewhat on the conservative side. Maybe she ran as a conservative, I don’t know. Any Kansans here?


5 posted on 04/20/2020 9:52:32 AM PDT by Artemis Webb (There are only two genders.)
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To: Ouchthatonehurt

Kansas has 1 natural lake!


6 posted on 04/20/2020 10:21:20 AM PDT by Balding_Eagle ( The Great Wall of Trump ---- 100% sealing of the border. Coming soon.)
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To: Artemis Webb

She won with lib voters in Wichita and the northeast of the state.


7 posted on 04/20/2020 10:24:00 AM PDT by ammomajor (If 'helicopter Ben' says gold isn't money, I want more of it.)
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To: Morgana
First Baptist Church v. Kelly, KSDC 6-20-cv-01102 (16 Apr 2020), Doc 1, COMPLAINT

15. On April 14, 2020, United States Attorney General William Barr issued astatement that “the First Amendment and federal statutory law” also prohibit governments from

impos[ing] special restrictions on religious activity that do not also apply to similar nonreligious activity. For example, if a government allows movie theaters, restaurants, concert halls, and other comparable places to assemble to remain open and unrestricted, it may not order houses of worship to close, limit their congregation size, or otherwise impede religious gatherings. Religious institutions must not be singled out for special burdens.

See Statement of Attorney General William P. Barr, attached hereto as Exhibit 5.

16. In his statement, Attorney General Barr also announced the Department of Justice had filed a Statement of Interest in support of a Mississippi church that allegedly sought to hold parking lot worship services before being criminally cited by local law enforcement. See id; The United States’ Statement of Interest in Support of Plaintiffs, 4:20-cv-64-DMB-JMV) (N.D.Miss. 2020), attached hereto as Exhibit 6.

There are four counts:

COUNT I Violation of the First Amendment to the U.S. Constitution (Free Exercise)

COUNT II Violation of the First Amendment to the U.S. Constitution (Free Speech)

COUNT III Violation of the First Amendment to the U.S. Constitution (Right to Assemble)

COUNT IV Violation of Kansas Preservation of Religious Freedom Act

From Kansas Preservation of Religious Freedom Act

Sec. 2. (a) Government shall not substantially burden a person’s civil right to exercise of religion even if the burden results from a rule of general applicability, unless such government demonstrates, by clear and convincing evidence, that application of the burden to the person:

(1) Is in furtherance of a compelling governmental interest; and

(2) is the least restrictive means of furthering that compelling governmental interest.

(b) A person whose exercise of religion has been burdened, or is substantially likely to be burdened, in violation of this act, may assert such violation as a claim or defense in a judicial proceeding. A court may grant appropriate relief as may be necessary including:

(1) Injunctive relief;

(2) protective order;

(3) writ of mandamus or prohibition;

(4) declaratory relief;

(5) actual damages; or

(6) costs and attorney fees determined by the court.

Kansas EO 20-18 of 7 Apr 2020 states in relevant part:

NOW, THEREFORE, pursuant to the authority vested in me as Governor of the State of Kansas, including the authority granted me by K.S.A 48-924 and K.S.A 48-925, in order to slow the spread of COVID-19 I hereby direct and order the following:

1. Effective at 12:01 p.m. on Wednesday, April 8, 2020, all public or private mass gatherings, as defined below, are prohibited in the State of Kansas.

a. The phrase "mass gathering" as used in this order means any planned or spontaneous, public or private event or convening that will bring together or is likely to bring together more than 10 people in a confined or enclosed space at the same time.

b. This prohibition includes, but is not limited to, mass gatherings at: auditoriums, theaters, movie theaters, museums, stadiums, arenas, conference rooms, meeting halls, exhibition centers, taverns, health and fitness centers, recreation centers, licensed pools, and churches or other religious facilities.

c. With regard to churches or other religious services or activities, this order prohibits gatherings of more than ten congregants or parishioners in the same building or confined or enclosed space. However, the number of individuals-such as preachers, lay readers, choir or musical performers, or liturgists-conducting or performing a religious service may exceed ten as long as those individuals follow appropriate safety protocols, including maintaining a six-foot distance between individuals and following other directives regarding social distancing, hygiene, and other efforts to slow the spread of COVID-19.

d. With regard to funerals or memorial services, the 10-person prohibition of this order does not apply to employees or military service members gathered to conduct the service; the number of other attendees—including friends and family—must not exceed ten.

2. The following activities or facilities are exempt from the prohibitions of this order:

a. Meetings or proceedings of the Kansas Senate or Kansas House of Representatives and their legislative committees;

b. Operations or facilities of the United States Government;

c. Gathering as a family privately;

d. Airports;

e. Public, private, or charter schools for instructional purposes, for non-instructional purposes—such as medication pickup, childcare services, providing meals—and when operating as polling places;

f. Childcare locations (including those that operate within a facility that is otherwise subject to the prohibitions of this order), residential care centers, and group homes;

g. Hotels and motels, as long as the restaurant and bar guidelines, listed below in subparagraph t, are followed;

h. Military and National Guard facilities;

i. Law enforcement, jail, or correctional facilities, including any facility operated by the Depmiment of Corrections;

j. Any facility being used as part of a government or community response to a natural disaster;

k. Food pantries and shelter facilities, including day centers, for individuals and families;

l. Detoxification centers;

m. Apartment or other multi-family residential buildings, except that the prohibitions of paragraph 1 apply to any non-residential facilities, rooms, or operations in such buildings subject to any other exceptions listed in paragraph 2;

n. Shopping malls and other retail establishments where large numbers of people are present but are generally not within arm's length of one another for more than 10 minutes;

o. Hospitals, medical facilities, and pharmacies;

p. Long-term care and assisted living facilities, as long the facility follows all current Depmiment of Health Services Recommendations for Prevention of COVID-19 in Long-Term Care Facilities and Assisted Living Facilities per the Centers for Disease Control and Prevention;

q. Libraries;

r. Senior Centers, but only for the service of meals and only if the requirements listed below are followed:

i. Preserve social distancing of 6 feet between tables, booths, bar stools, and ordering counters; and

ii. Cease self-service of unpackaged food or beverages, such as in salad bars, buffets, or beverage stations;

s. Restaurants and bars, but only if the requirements listed below are followed:

i. Preserve social distancing of 6 feet between tables, booths, bar stools, and ordering counters; and

ii. Cease self-service of unpack aged food or beverages, such as in salad bars, buffets, or beverage stations;

t. Retail food establishments (grocery stores, convenience stores, farmer's markets) as long as the requirements listed below are followed:

i. Preserve social distancing of 6 feet between tables, booths, bar stools, and ordering counters; and

ii. Cease self-service of unpackaged food or beverages, such as in salad bars, buffets, or beverage stations;

u. Office spaces and government service centers;

v. Manufacturing, processing, distribution, and production facilities;

w. Public transportation;

x. Utility facilities;

y. Job centers; and

z. Facilities operated by state or municipal courts.

3. All public gatherings that bring together or are likely to bring together 10 or fewer people in a single room or confined or enclosed space at the same time should:

a. Preserve social distancing of 6 feet between people, and

b. Follow all other public health recommendations issued by the Kansas Department of Health and Environment and all local county and municipal health codes.


8 posted on 04/20/2020 11:50:15 AM PDT by woodpusher
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To: Morgana

Is Governor Laura Kelly headed for the SCOTUS?

I think so, because I think she will fight this and lose and it will eventually end up in the Supreme Court with a win for Churches!


9 posted on 04/20/2020 2:24:26 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
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