The Governor’s new executive order restricting in-person religious gatherings as a COVID 19 countermeasure is sound public health advice that Kansans should follow, but the order likely violates State Constitutional and Statutory Protections for Religious Freedom. Religious Services or activities to voluntarily comply with the new restrictions on religious mass gatherings in order to protect public health during an emergency, such as the COVID 19 pandemic. Temporary restrictions on even fundamental rights may be lawful, but, orders prohibiting indoor gatherings of more than 10 people in Churches, Synagogues, Temples and Mosques but still allowing larger groups to gather in shopping malls, retail stores, libraries and numerous other places as long as they practice social distancing. He added that while it is in the best interest for groups not to gather, it will not be enforced by arrest, prosecution, fines or imprisonment.
