KANSAS CITY, Kan. (AP) — Kansas’ top prosecutor says a new executive order from Gov. Laura Kelly restricting the size of religious gatherings amid the coronavirus outbreak likely violates the state constitution.
Attorney General Derek Schmidt, a Republican, said in a news release Wednesday that limiting religious services and funerals to 10 people is “sound public-health advice that Kansans should follow” but discouraged law enforcement agencies and prosecutors statewide from attempting to enforce the requirements.
According to the media release, “The Office of Attorney General strongly encourages all Kansans participating in religious services or activities to voluntarily comply with the new restrictions on religious mass gatherings in order to protect public health.” Schmidt wrote in a memorandum to law enforcement agencies and prosecutors statewide. “Nevertheless, … we also strongly discourage law enforcement from attempting to enforce the requirements of EO 20-18 as violations of the criminal law. In our view, Kansas statute and the Kansas Constitution’s Bill of Rights each forbid the governor from criminalizing participation in worship gatherings by executive order.”
Wednesday's memorandum is the second Schmidt has provided to assist law enforcement and prosecutors statewide in navigating the legally uncertain world of enforcing emergency orders during the current COVID-19 crisis. He said today’s further guidance was necessary because the new executive order singles out for additional regulation the exercise of a fundamental freedom expressly protected by the Kansas Constitution and by state statute. Schmidt noted that Section 7 of the Kansas Constitution’s Bill of Rights, as well as the state’s Preservation for Religious Freedom Act, both set strict limits on the authority of any state or local government authority, including the governor, to restrict the religious freedoms of Kansans.
With Easter approaching, Kelly, a Democrat, issued the order because of three outbreaks that had been connected to religious gatherings.
Click here to read a copy of the attorney general’s memorandum