6th Circuit Rejects Preliminary Injunction Against Kentucky's Closure of Religious Schools

Religion Clause ^ | 11/30/20 | Howard Friedman

[marshmallow]

In Commonwealth of Kentucky ex rel. Danville Christian Academy v. Beshear, (6th Cir., Nov. 29, 2020), the U.S. 6th Circuit Court of Appeals stayed a federal district court's preliminary injunction against part of Kentucky Governor Andrew Beshear's COVID-19 Order which prohibits in-person instruction at all public and private elementary and secondary schools. The district court had enjoined enforcement of the Order against private religious schools that otherwise follow public health measures. The 6th Circuit, in staying the district court's preliminary injunction pending appeal distinguished the U.S. Supreme Court's recent decision in Roman Catholic Diocese of Brooklyn v. Cuomo, saying in part:

Executive Order 2020-969 applies to all public and private elementary and secondary schools in the Commonwealth, religious or otherwise; it is therefore neutral and of general applicability and need not be justified by a compelling governmental interest....

Unlike in Roman Catholic Diocese, there is no evidence that the challenged restrictions were “targeted” or “gerrymandered” to ensure an impact on religious groups....

[AFB-XYZ]

Can someone put it in layman’s language please?

[Paul R.]

Has anyone mentioned to this judge, much less this Governor, that Dr. Fauci is now recommending schools stay open (still with precautions taken) for in-class schooling? This since apparently transmission between and from kids seems to be rather lower than between adults.

We now have the remarkable situation where some IL schools, even public schools, last I heard (at least in Southern IL), are staying open / in class, while all KY schools including parochial schools have been forced to online classes only.

[Paul R.]

How’s this: “We are the Borg.”

And by golly, the Borg did not discriminate, except to not bother with “primitive” species.

[Spirit of Liberty]

The Kentucky order applies equally to the public schools as well as the private schools (religious or secular). That was not the case with Cuomo’s order, which allowed the public schools to meet in-class, but not the religious schools.

Orders aren’t the same, therefore you can’t apply what the court did with Cuomo to the case in Kentucy.

[Paul R.]

More seriously, the judge is saying that since the order applies to ALL schools, it does not discriminate against religious schools, and therefor is valid.

Never mind that the US Constitution clearly gives religious groups special attention with regard to freedoms.

[AFB-XYZ]

Thanks for the info, much obliged!

Still, what a mess. Need to win the lottery so I can retire to Fiji.

[Paul R.]

You know, some of the old science fiction writers postulated a scenario where basically all the freedom lovers moved out to the Asteroid Belt, Mars, Earth’s Moon, or similar. Earth lapsed into a mass of uninspired, socialized humanity.

That sort of “evolution”, at least on the Earth side of it, seems to be happening. But don’t ask me where in the Solar System there is a reasonable place to put 70+ million Trump voters.

(Hey, Elon, I have a REALLY big project for you...)

[Svartalfiar]

Executive Order 2020-969 applies to all public and private elementary and secondary schools in the Commonwealth, religious or otherwise; it is therefore neutral and of general applicability and need not be justified by a compelling governmental interest....

Um what? Don't all laws require a "compelling government interest"? If the law/order doesn't have that, then why is it a law/order in the first place? Neutral / general applicability is a different "AND" requirement, not an "OR".