TOPEKA, Kan. (KSNT) – On Saturday evening the Kansas Supreme Court announced that they are upholding Governor Kelly’s executive order to limit church gatherings in the state.
Earlier in the week Governor Kelly issued an executive order limiting Kansas church gatherings to no more than 10 people. The lawmakers on the Legislative Coordinating Council revoked her order arguing that it went against Kansan’s constitutional right to practice religion.
Governor Kelly responded with a lawsuit against the Council, leaving the ultimate decision up to the Kansas Supreme Court
The Court heard arguments during Saturday morning over zoom conference. Around 9 P.M. they issued a ruling saying “As ultimately acknowledged by all counsel during oral arguments today, even if we accept House Concurrent Resolution 5025 as an otherwise valid exercise of legislative authority, its plain text did not authorize the LCC to revoke Executive Order 20-18.”
Their ruling means that Governor Kelly’s executive order stands.
According to KSNT Political Analyst Bob Beatty, one of the main components considered in the decision was the resolution adopted in March when Governor Kelly declared a state of emergency.
“When you look at the language in the resolution, in there, it’s written that not until May 1, should this group, the LCC be able to deny a governor’s executive order,” said Beatty.
The court’s decision did not address other issues brought up in the arguments like whether the legislature’s attempt to give the LCC authority to act while it was away from Topeka was legal, or whether the governor’s order infringed on religious freedom.