503 F.Supp.3d 516
E.D. Ky.2020Background
- Plaintiffs: Danville Christian Academy (private K–12 Christian school) joined by Kentucky Attorney General; they assert a sincere religious duty to provide in-person religious and academic instruction (weekly chapel, daily corporate prayer, classroom prayer, mentorship).
- Defendant: Governor Andy Beshear issued Executive Order 2020-969 (Nov. 18, 2020) requiring K–12 schools to cease in-person instruction beginning Nov. 23, 2020 (with limited elementary exceptions), while allowing preschools, colleges, universities, and various businesses to remain open under distancing protocols.
- Procedural posture: Danville Christian filed an emergency TRO (treated as a preliminary injunction) on Nov. 20, 2020; hearing held Nov. 23; court issued a preliminary injunction on Nov. 25, 2020.
- Relief granted: Court enjoined enforcement of the prohibition on in-person instruction as to all religious private K–12 schools statewide so long as they adhere to applicable social distancing and hygiene guidelines.
- Core legal claim: Danville Christian asserted Free Exercise Clause and Establishment Clause violations and a Kentucky RFRA claim; the court focused on Free Exercise as dispositive and rejected the state-RFRA claim on sovereign immunity grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Free Exercise (First Amendment) | The Order burdens religious exercise by banning in-person religious schooling and is not narrowly tailored; similar secular activities remain allowed. | Order is neutral and generally applicable pandemic measure; Jacobson deference applies. | Court: Likely success for plaintiff; Order not neutral/general in application and fails strict scrutiny; injunction granted. |
| Irreparable Harm | Loss of First Amendment religious exercise (even briefly) is irreparable. | School previously closed voluntarily, undermining claim of imminent irreparable harm. | Court: Irreparable harm presumed for First Amendment injury; plaintiff demonstrated sincerity and irreparable harm. |
| Establishment Clause | Order favors some religious worship over religious schooling (unequal treatment). | Order is a neutral public-health measure with secular purpose. | Court: Plaintiff unlikely to succeed on Establishment Clause; Order passes Lemon factors. |
| Kentucky RFRA & Sovereign Immunity | State RFRA forbids substantial burdens unless least restrictive means; relief appropriate. | Governor (official-capacity) is immune from state-law RFRA claims under Eleventh Amendment/Pennhurst. | Court: RFRA claim barred by sovereign immunity; state-law relief not available in federal court. |
Key Cases Cited
- Maryville Baptist Church, Inc. v. Beshear, 957 F.3d 610 (6th Cir. 2020) (found similar COVID restrictions not the least restrictive means; guided free-exercise analysis)
- Roberts v. Neace, 958 F.3d 409 (6th Cir. 2020) (preliminary injunction where orders contained exceptions removing general applicability)
- Church of Lukumi Babalu Aye v. City of Hialeah, 508 U.S. 520 (1993) (laws not neutral/general applicability require strict scrutiny)
- Our Lady of Guadalupe Sch. v. Morrissey-Berru, 140 S. Ct. 2049 (2020) (religious schools have core First Amendment autonomy in faith-based education)
- Jacobson v. Massachusetts, 197 U.S. 11 (1905) (state police power in public-health emergencies but not unlimited)
- Elrod v. Burns, 427 U.S. 347 (1976) (loss of First Amendment freedoms constitutes irreparable harm)
- Ex parte Young, 209 U.S. 123 (1908) (narrow exception to sovereign immunity for suits seeking prospective injunctive relief against state officials)
- Pennhurst State School & Hosp. v. Halderman, 465 U.S. 89 (1984) (state sovereign immunity bars federal-court suits seeking to enforce state law against state officials)