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Law firm, Christian school file suit against Governor Beshear’s new order

Published: Nov. 21, 2020 at 10:31 PM EST|Updated: Nov. 22, 2020 at 1:46 PM EST
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DANVILLE, Ky. (WKYT) - As the state faces its second highest day of COVID-19 cases, Kentuckians are facing the first full day of Governor Andy Beshear’s latest order.

“Really you’ve got two choices. Do nothing and be upset at me and those making these choices, or we can do our part,” Governor Beshear said during a press conference on Thursday.

On Thursday, the Governor described his decision to require schools to return to sole virtual learning as the toughest step he’s made as governor so far.

Representing Danville Christian Academy, First Liberty Institute and Attorney General Daniel Cameron filed for a temporary restraining order Friday. The lawsuit seeks to block the Governor’s order prohibiting private schools, including religious schools, from holding in-person classes after Thanksgiving.

“This virus is doing everything we hate. If you’re upset that school’s going to be virtual, you can be upset with me, but it’s the virus,” said Governor Beshear.

In a statement, Senior Counsel at First Liberty, Roger Byron said quote, “Governor Beshear continues to impose limits on religious gatherings that are blatantly unconstitutional.” Continuing to say quote, “The CDC made it clear that one of the safest locations students can be at during the pandemic is in school.”

The lawsuit is seeking an emergency hearing to stop the order before November 23. In May, First Liberty was successful in getting a similar restraining order against the Governor’s restrictions prohibiting in-person religious services. The Court agreed with the restraining that the Governor did not have a compelling reason in the case to limit a person’s right to freely exercise their religion.

Under the Governor’s new order, middle and high schools will continue virtual instruction until at least January 4, 2021.

Elementary schools may reopen for in-person learning December 7th, if their county is not in the red zone.

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