Kansas Legislative Board Overturns Governor's Order To Limit Church, Funeral Attendance Amid COVID-19

A legislative panel in Kansas overturned Democratic Gov. Laura Kelly’s executive order setting limits on church and funeral attendance in response to the coronavirus pandemic.

The Kansas Legislative Coordinating Council voted 5-2 along party lines to overturn the crowd limits on Wednesday, saying the governor didn’t have the authority to impose the restrictions.

“It appears to be out of line, extreme and clearly in violation, a blatant violation, of our fundamental rights,” Sen. Susan Wagle of Wichita told the Topeka Capital-Journal.

Kelly issued the order on Tuesday, ahead of Easter, as part of ongoing efforts to halt the spread of COVID-19 in the wake of outbreaks traced back to three church events. Kelly said it brought her “the greatest sadness” to issue the order during Holy Week.

“Kansans are a community of faithful people. We draw strength from fellowship and prayer,” Kelly said. “We rely on our pastors and our priests, our rabbis and imams, and all of our religious leaders for guidance and counsel — especially at times of sorrow, uncertainty and hardship, and especially during Holy Week.”

The order would have forced churches and funerals to keep attendance to fewer than 10 people to ensure the lowest possible risk to anyone going to church. Violators could have faced as long as a year in prison and $2,500 fine.

Kelly’s order was met with immediate backlash from prominent Republicans, all echoing Wagle’sstance. After the order was signed, Kansas Attorney General Derek Schmidt issued a memo advising local police not to enforce parts of the order.

“Because no Kansan should be threatened with fine or imprisonment, arrested or prosecuted for performing or attending church or other religious services, law enforcement officers are advised to ... avoid engaging in criminal enforcement of its limitations on religious facilities, services or activities,” Schmidt said.

Kelly called Schmidt’s statements a “shamefully political attack” that undermined efforts to halt the spread of coronavirus.

“I was so deeply troubled to learn that our attorney general has decided to launch a bizarre, confusing and overtly political attack at such a moment of tragedy and that Republican legislative leaders have chosen to follow suit with a shockingly irresponsible decision that will put every Kansas life at risk,” Kelly said.