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A federal judge on Saturday issued a temporary order blocking a Kansas measure that limited church gatherings to 10 or fewer people as a way to stop the spread of the coronavirus. U.S. District Judge John Broomes in Wichita said that he believes the order violates religious freedom and the right to free speech. That means religious congregations will be able to hold services in the state as long as everyone observes social distancing at least until May 2. Broomes issued the ruling after hearing arguments for around 75 minutes on Friday.

A key to Broomes’ ruling is that he believes religious services “have been singled out among essential functions for stricter treatment” and that can’t be justified. “Plaintiffs have made a sufficient showing that a live controversy exists as to whether the Governor’s current restrictions on religious activity … violate Plaintiffs’ First Amendment right to freely exercise their religion,” the ruling reads. “Defendant has not argued that mass gatherings at churches pose unique health risks that do not arise in mass gatherings at airports, offices, and production facilities. Yet the exemption for religious activities has been eliminated while it remains for a multitude of activities that appear comparable in terms of health risks.”

Gov. Laura Kelly continued to defend her order and vowed her government would make its case in court, insisting it was about protecting state residents. “This is not about religion. This is about a public health crisis. This ruling was just a preliminary step. There is still a long way to go in this case, and we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake,” Kelly said in a news release. “Courts across the country have recognized that during this pandemic emergency the law allows governments to prioritize proper public health and safety.” Kelly’s office claims six of the 86 COVID-19-related deaths in the state have been linked to religious gatherings.

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The legal action marks the latest in a battle in which the Democratic governor is being forced to defend the stay-at-home order that took effect March 30 and is scheduled to continue at least until May 3. The Republican-controlled Legislature is calling on the governor to lift at least parts of the order earlier.

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The banning of religious gatherings five days before Easter has been particularly controversial. Top Republican legislators tried to revoke the order, a move that was later reversed by the Kansas Supreme Court that sided with the governor but only on a technical argument and it never ruled on the constitutionality of the order. That is why a couple of pastors and their churches—First Baptist Church in Dodge City and Pastor Stephen Ormond and Calvary Baptist Church in Junction City and Pastor Aaron Harris—proceeded to file their own lawsuit Thursday making a constitutional argument. Alliance Defending Freedom, which is representing the pastors and their churches, said it was pleased with the outcome. “Public safety is important, but so is following the Constitution,” said Tyson Langhofer, senior counsel for the Alliance for Defending Freedom.

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