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ROBERTS v. NEACE

No. 20-5465.

958 F.3d 409 (2020)

Theodore Joseph ROBERTS, Randall Daniel, and Sally O'Boyle, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. Robert D. NEACE, in his capacity as Boone County Attorney, Andrew G. Beshear, in his official capacity as Governor of the Commonwealth of Kentucky, Eric Friedlander, in his official capacity as Acting Secretary of the Cabinet for Health and Family Services, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 9, 2020.

Attorney(s) appearing for the Case

COUNSEL ON BRIEFS: Christopher Wiest , CHRIS WIEST, ATTORNEY AT LAW, PLLC, Crestview Hills, Kentucky, for Appellants; Barry L. Dunn , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky for Amicus Curiae in support of Appellants. Jeffrey C. Mando , ADAMS, STEPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellee Neace. S. Travis Mayo , Taylor Payne , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, Wesley W. Duke , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellees Beshear and Friedlander.

Before: SUTTON, McKEAGUE, and NALBANDIAN, Circuit Judges.

ORDER

Three congregants of Maryville Baptist Church wish to attend in-person worship services this Sunday, May 10. By order of the Kentucky Governor, however, they may not attend "faith-based" "mass gatherings" through May 20. Claiming that this limitation on corporate worship violates the free-exercise protections of the First and...

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