Court sides with Gov. Beshear in pause of in-person instruction at religious private schools

An appeals court upheld Gov. Beshear’s Executive Order following a lawsuit brought by AG Daniel Cameron and Kentucky religious schools.

LOUISVILLE, Ky. — The Sixth Circuit Appeals Court has ruled in favor of Kentucky Governor Andy Beshear’s Executive Order that would halt in-person learning at all schools until the new year citing the surge of COVID-19 cases across Kentucky. 

Earlier this month, Attorney General Daniel Cameron and multiple religious schools in the Commonwealth filed a lawsuit that states halting in-person classes at these schools violates the First Amendment as well as the Commonwealth’s Religious Freedom and Restoration Act. 

A federal judge granted a temporary injunction on the Executive Order that would let private religious schools continue in-person learning Nov. 25. The governor’s office filed an appeal that has now been granted Sunday. 

“We are not in a position to second-guess the Governor’s determination regarding the health and safety of the Commonwealth at this point in time,” the Appeals Court decision read.

In a statement on Twitter, Beshear said in part, “While we all want to get our kids back to in-person instruction, the United States Court of Appeals for the Sixth Circuit recognized that doing so now would endanger the health and lives of Kentucky children, educators and families.” 

Beshear’s appeal was filed on Thursday which lead to Cameron to file a brief in response. 

Cameron issued this statement via Twitter in response to the ruling from the Sixth Court’s ruling.

The Executive Order can now take effect beginning Monday.

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