MARYVILLE BAPTIST CHURCH, INC. v. BESHEAR

Nos. 20-5427/5465.

977 F.3d 561 (2020)

MARYVILLE BAPTIST CHURCH, INC.; Dr. Jack Roberts, Plaintiffs-Appellants, v. Andrew G. BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky, Defendant-Appellee. Theodore Joseph Roberts; Randall Daniel; Sally O'Boyle, Plaintiffs-Appellants, v. Robert D. Neace, in his official 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: October 19, 2020.


Attorney(s) appearing for the Case

ARGUED: Matthew D. Staver , LIBERTY COUNSEL, Orlando, Florida, for Appellants Maryville Baptist Church and Dr. Jack Roberts. Christopher Wiest , WIEST LAW, Crestview Hills, Kentucky, for Appellants Theodore Roberts, Randall Daniel, and Sally O'Boyle. Taylor Payne , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellees Andy Beshear and Eric Friedlander. Jeffrey C. Mando , ADAMS, STPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellee Robert Neace. ON BRIEF: Matthew D. Staver , Horatio G. Mihet , Roger K. Gannam , LIBERTY COUNSEL, Orlando, Florida, for Appellants Maryville Baptist Church and Dr. Jack Roberts. Christopher Wiest , WIEST LAW, Crestview Hills, Kentucky, Thomas B. Bruns , BRUNS, CONNELL, VOLLMAR & ARMSTRONG, LLC, Cincinnati, Ohio, Robert A. Winter, Jr. , Fort Mitchell, Kentucky, for Appellants Theodore Roberts, Randall Daniel, and Sally O'Boyle. Taylor Payne , La Tasha Buckner , Travis Mayo , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, Wesley W. Duke , David T. Lovely , CABINET FOR HEALTH AND FAMILY SERVICES, Frankfort, Kentucky, for Appellees Andy Beshear and Eric Friedlander. Jeffrey C. Mando , ADAMS, STPNER, WOLTERMANN & DUSING, PLLC, Covington, Kentucky, for Appellee Robert Neace. Barry L. Dunn , Matthew F. Kuhn , Brett R. Nolan , OFFICE OF THE KENTUCKY ATTORNEY GENERAL, Frankfort, Kentucky, for Amicus Curiae.

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


OPINION

In response to the COVID-19 pandemic, Kentucky Governor Andy Beshear issued executive orders in March 2020 that barred religious services throughout the Commonwealth. The orders prompted several lawsuits and several district court rulings over whether the orders violated the free...

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