By HEATHER HOLLINGSWORTH
KANSAS CITY, Kan. (AP) — Gov. Laura Kelly’s executive order restricting the size of religious gatherings amid the coronavirus outbreak has been overturned after the state’s top prosecutor said it likely violates the state constitution.
The Legislative Coordinating Council voted 5-2 Wednesday to undo the order that limited in-person religious services and funerals to 10 people. The move came after Attorney General Derek Schmidt, a Republican, said that while the order was “sound public-health advice that Kansans should follow,” he was discouraging law enforcement agencies and prosecutors statewide from attempting to enforce the requirements.
Governor Laura Kelly during Tuesday's news conference
With Easter approaching, Kelly, a Democrat, issued the order Tuesday because of three outbreaks that had been connected to religious gatherings. Dr. Lee Norman, the state health department’s head, said 165 had been sickened in those outbreaks.
“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,” wrote Schmidt, adding that Kansas statutory and constitutional law provide substantially more protection for religious freedoms than does federal law.
Statewide, the number of confirmed cases of COVID-19 grew Wednesday to 1,008, up from 900 Tuesday, with 38 deaths.
The sickened include 56 patients and staff members at the Riverbend Post Acute Rehabilitation in Kansas City, Kansas. Six have died and seven are hospitalized, health officials with the Unified Government of Wyandotte County said Wednesday.
State health officials are monitoring the outbreak. Previously that state’s largest outbreak had been at the Life Care Center of Burlington, where 41 residents and one staff member have tested positive. One resident at that facility has died.
Most infected people develop mild or moderate symptoms that clear up within three weeks, such as fever and cough. But older adults and people with existing health problems are particularly susceptible to more severe illness, including pneumonia.
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By STEPHEN KORANDA & CELIA LLOPIS-JEPSEN, Kansas News Service
TOPEKA, Kansas — Kansas Republican leadership seemingly had enough of Democratic Gov. Laura Kelly’s executive orders, with a limit on church gatherings marking the final straw.
The Legislative Coordinating Council voted 5-2 Wednesday to strip the state of any ban on the number of people who could gather at one time to stop the spread of the coronavirus.
No more than 10 people have been allowed to gather for a while, but on Tuesday, Kelly specified that it would apply to churches and funerals. Kansas officials have said three clusters of coronavirus have been directly tied to church services, leading to 165 illnesses and 12 deaths.
Plus, Easter is this Sunday, and the decision rankled Republican leadership.
“I can’t approve this,” said Senate President Susan Wagle, who often clashes with Kelly. “We did take an oath to uphold (religious freedoms in the constitution).”
It is now up to Kelly whether to establish another order that limits gatherings. She delayed an afternoon news conference as soon as the LCC’s vote happened.
Kansas House Speaker Pro Tem Finch said he hoped everyone will stay home, adding that it isn’t worth the risk to go to a church service this weekend and thanked church leaders for holding online services.
Those who voted to overturn the executive order, via conference call, were Wagle, Finch, Senate Majority Leader Jim Denning, House Speaker Ron Ryckman and House Majority Leader Dan Hawkins. The two Democrats, Sen. Anthony Hensley and House Rep. Tom Sawyer, wanted to keep the order.
This is a breaking news story and will be updated.
Stephen Koranda is the Statehouse reporter for Kansas Public Radio and the Kansas News Service. You can reach him on Twitter @kprkoranda.
Celia Llopis-Jepsen reports on consumer health and education for the Kansas News Service. You can follow her on Twitter @celia_LJ or email her at [email protected].