CNA Staff, Dec 7, 2020 / 04:37 pm (CNA).- An order shuttering in-person education until Jan. 4 in Kentucky amid rising COVID-19 cases amounts to religious discrimination, the US Supreme Court has been told in amici curiae briefs.
Kentucky Gov. Andy Beshear (D) temporarily halted in-person learning in the state by executive order.
The order, which applies to both public and private schools, allows for elementary schools in “red” zones (counties with 25 or more new coronavirus cases a day) to reopen as long as they are following state public health guidance.
Danville Christian Academy sued over the order.
A federal district judge had ruled Nov. 25 that Beshear’s order could not apply to private religious schools because it infringed on their First Amendment rights. On Nov. 29, a federal appeals court overturned that decision, upholding Beshear’s original order.
Danville Christian Academy has asked the US Supreme Court to temporarily suspend the executive order, while its appeal is pending.
Several groups have submitted amici curiae briefs in the case in support of Danville Christian Academy.
Thirty-eight Republican Senators – including Senate Majority Leader Mitch McConnell and Sen. Rand Paul, both of Kentucky – filed one such brief Dec. 4.
“COVID-19 is undoubtedly a serious health threat, but the Constitution applies even in difficult times. This Court should again remind Governors across the Country that shutdown orders cannot trample Constitutional rights,” the Senators stated in their amicus brief.
The state’s attorney general and treasurer have also indicated their support for Danville Christian Academy.
The Becket Fund for Religious Liberty submitted an amicus curiae brief, arguing not only “That movie theaters and horse tracks are open for business, but religious schools cannot open, is reason enough to vacate the Sixth Circuit’s stay,” but also that Beshear’s executive order is subject to strict scrutiny because it interferes “with the right of parents under the Free Exercise Clause to direct ‘the religious upbringing and education of their children’”.
Alliance Defending Freedom’s senior counsel, John Bursch, and other ADF attorneys filed an amicus curiae brief on behalf of 17 Christian schools in Kentucky.
“The Kentucky governor’s order allows movie theaters, indoor event venues, gyms, childcare centers, and professional offices to operate, but private Christian schools cannot, even when they comply with all recommended public health and safety guidelines. That’s why we are asking (the) high court to put a stop to the governor’s unconstitutional edict,” Bursch said Dec. 4.
“Government discriminatory treatment of religion must end. Now,” the ADF brief in Danville Christian Academy v. Beshear states.
“In the nine months since the COVID-19 pandemic began, state executives have consistently imposed more severe burdens on religious conduct than comparable secular activities. They do so without any showing that religious activities present a greater COVID-19 risk than their secular comparators,” ADF added.
“Instead, governments have consistently favored commerce over religion and—often with a judicial seal of approval—have cloaked their disparate treatment of religious worship and education in terms like ‘emergency police powers’ and ‘substantial discretion.’”
Religious schools and churches have also submitted briefs in support of Danville Christian Academy, while a group of church-state scholars wrote one in defense of Beshear.
Beshear defended his order, citing health risks and the order’s equal treatment of public and private schools. “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,” Beshear said in a Dec. 4 statement, reported by the Courier Journal.
“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,” he added.
Bursch pointed to the U.S. Supreme Court’s decision in late November, which ruled that New York Gov. Andrew Cuomo’s restrictions on religious services during the coronavirus pandemic were a violation of the First Amendment’s protection of free religious exercise.
“As the U.S. Supreme Court said in its recent order halting Gov. Andrew Cuomo’s executive order in New York, ‘even in a pandemic,’ the First Amendment is not ‘put away and forgotten,” Bursch stated.
The federal appeals court which ruled to uphold Beshear’s order said that the case was “distinguishable” from Cuomo’s order, since the Kentucky order applied to both religious and public schools, the Courier Journal reported.
The case also comes shortly after the four bishops of Kentucky announced in late November that they will continue holding in-person Masses, despite Beshear’s order for all places of worship to halt in-person services until Dec. 13.
Schools throughout the United States have grappled with what to do about in-person learning after the coronavirus pandemic caused nationwide shutdowns last March. Though the country saw a dip in coronavirus cases over the summer, recent surges this fall, shortly after classes resumed, have caused some schools to close again, and some states to reinstate lockdowns or stay-at-home orders.
Catholic schools have worked to put extensive health and safety regulations in place, including mandatory masking and social distancing, and virtual options for families who choose to keep their children at home. Some Catholic school leaders and bishops have argued that children have a right to in-person learning, which can help to ensure the quality of their education and to prevent their social isolation.
Some Catholic schools, such as those in Baltimore, have seen spikes in enrollment this fall because they are offering in-person learning more consistently than area public schools.
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Tony Evers must enjoy Communism and forcing the residents of his state to live under totalitarian rule. He does not allow the freedoms that the U.S. Constitution Affords and he is anti-God for allowing the shuttering of churches again. He abandons God and His people–maybe God will abandon Tony one day
The Dems. response to Covid has made so plainly evident the expression “Scratch a Liberal find a Fascists” applies to the Dems. across the country. Where Dems are in charge of the government, freedom of religion along with other freedoms in the Bill of Rights are under attack. Moreover they are supported by the educational institutions, and mainstream and many local media where the expression also applies. We Americans need to get on our knees and pray.
In an effort to prove he’s true blue and in charge Pres Biden was the only masked participant in a telecom Climate Change Summit with approx 40 world leaders. Reported by several news agencies Leader UK, The Sun, Yahoo Finance, creating a mini firestorm Divya Kishore’s Meaww media post summing up the overall response, “Biden only world leader to wear mask during virtual climate change summit, Internet says how embarrassing” [others, expectedly CNN were quick to deny the media photos]. Biden’s “”The cost of inaction is mounting. This is a moral imperative, an economic imperative. Time is short, but I believe we can do this” parallel’s Pope Francis’ Earth Day message. Mask wearing however has purchase for this Administration. It is now a badge of acceptance, and an instrument of domination within an ideological sphere of power. Wisconsin Gov Tony Evers, among a host of replica dummies of the President understands that pretense for public safety well. Hypocritical pretense manifest in border policy and countless Covid infected illegals given free pass into our communities. Pretense evident in governors, and powerful congressmen who refuse to follow their own commandments. Whatever value conspiracy theory may have it should be certain to us that Christianity in particular Catholicism with its intellectual compendium is an obstacle to the exertion of despotic power. Hanneman, congressman Thiesfeldt’s outcry has solid justification. What good may come out of this Administration’s excesses is the true waking up of those Catholics who voted to elect a charlatan.
With all due respect, Father Morello, I must disagree with your statements ” Mask wearing however has purchase for this Administration. It is now a badge of acceptance, and an instrument of domination within an ideological sphere of power.” I wear a mask for the protection of others. I care little what happens to myself but simply refuse to even potentially, put others as risk. I have read many of your articles and comments to articles and have even quoted you and will continue to do so. However, I believe you response here to be unreasonable. May God bless your ministry.
Jeffrey, your intentions are noble. However, IMO, the “science” justifying continual mask wearing by those who are asymptomatic, is very weak. And there is some medical science confirming that continued mask wearing presents risks in and of itself. Only a robust debate amongst those learned in the field would be able to resolve the issue. Such dialogue and encounter are seldom permitted in these “cancel culture” days.
As to the continual wearing of masks, if there was sound science there would be clear standards as to the type of masks to wear, and the circumstances under which they should be worn; something that the C.D.C and W.H.O disagreed on for the longest time. And by what scientific standards are mask wearing and social distancing imperative, unless one is taking to the streets for prolonged demonstrations as was the case last summer when the CDC pretty much gave the OK for such demonstrations to continue, never labelling them as potential spreaders?
As it is, many wear paper masks which on the packaging itself make clear that they do not prevent disease. Further, initially all were told NOT to wear masks, then told to wear them; then told to wear not just one, but 2 or 3. Science isn’t that inconsistent or confusing. Unless it’s being used for ideological purposes. Further, think of the implications of everyone being assumed to present a mortal risk to others even when totally asymptomatic. With a virtually endless array of infectious diseases to choose from, you’ll be wearing a mask pretty much forever.
God created us to breathe normally and unimpeded by facial coverings during the ordinary course of our lives. One does not present a mortal threat to others by inhaling and exhaling, save for the rarest of circumstances. We have an inherent right to exist as God created us and to use our bodies in accordance with natural law. It is most unnatural to impede one’s natural functions of inhalation and exhalation. It is wrong to assume a priori, that one presents a mortal danger to others simply be breathing normally.
Jeffrey I agree if vulnerable and when in enclosed places with others masks are apparently a safety factor. However, if we’ve been vaccinated and immune the risks are negligible [although I wear it where required]. I basically agree with senator Rand Paul MD who has publicly questioned Dr Fauci’s insistence on virtual perennial wearing of masks regardless of immunity. Government federal and state are imposing masks in all circumstances even requiring children. That exaggerated policy is psychologically unhealthy and appears to be used as a means of control and submission more for political than medical safety.
The current vaccines do not make recipients immune from the virus. In particular, Dr Anthony Fauci has cautioned that early COVID-19 vaccines, which are now in use, will be focused on preventing symptoms of the virus, not blocking it altogether. This observation was made in October of last year when the vaccines were under development. Thus, those who have received the vaccines can still spread the virus. This is very likely the reasoning behind recommendations that vaccinated individuals still wear a mask under certain conditions.
It is also important to remember that these vaccines are experimental in nature. There have been no animal studies and long term clinical studies will not be completed until 2023. These are the reasons for the Experimental Use Athorizations (EUA’s).
Democrats seem to always opt for tyranny. Besides, I thought we had “separation of church and state” when it suits the Democrats but now the government can dictate to churches?
Real science proves masks cannot stop this virus, vitamin D3 and zinc give you immunity, Ivermectin helps your body fight it, asymptotic people cannot spread it, abortion does kill humans, the deep dems are antichrists and care nothing about human life, your county sheriff can make null and void any laws that are unconstitutional, and your county health department is not a law enforcement agency. Any questions, look at the science, not the political lies.
That should read asymptomatic.
Its absolutely right people must wake up God is the Supreme Being not any human organizations
God is in charge not politics the Last Judgment is coming sooner or later and there won’t be criminal atterney for anybody Come Lord Jesus come our Good Shepherd
Here in the great state of Michigan, our governor recently was found out that she traveled to FL to visit her aged father.
This was either right before or after she extolled her constituents to not vacation in FL. Tens of thousands of weddings, funerals, Christenings and other family get togethers were cancelled in the last year but she can do whatever.
What’s ultimately sad is that the various churches will not stand up and thumb nose the governor. They all scurried to close down before, then subsequently got “permission” to reopen, and comply with regulations as to how to worship.
The Catholic Church is powerful. If the bishops would stand up it would do so much good, not only for Catholics, but for all denominations, as defenders our God-given freedoms.
Vote Evers out!
Need pastors like Bishop Sheen, who was then stuck ‘back in a corner office’ because he was too successful at saving souls – or so appeared.
Very good comment. You are right when you say the Catholic Church is powerful. The problem is getting the USCCB to DO something rather than just TALK about how terrible it is our Churches are forced to close. The USCCB should be in the news almost constantly defending the Church’s beliefs and fighting for the rights of the oppressed with actions not just words. But I believe we both know the USCCB is worthless when it comes to defending the rights of the Church and realizing that THEY do have power and CAN make a difference! I have written numerous letters to the USCCB on a number of subjects and have NEVER, NEVER received a reply. The USCCB will remain useless to the American catholic until it gets a leader who realizes his responsibility to God and to His Sheep, and teaches against the sinfulness the American culture, itself, has created. And to you, Catriona, my God bless you and keep you and grant you his peace.