PLEASANT VIEW BAPTIST CHURCH v. BESHEAR

No. 21-6028.

78 F.4th 286 (2023)

PLEASANT VIEW BAPTIST CHURCH; Pleasant View Baptist School; Pastor Dale Massengale; Veritas Christian Academy; Maryville Baptist Church; MICAH Christian School; Pastor Jack Roberts; Mayfield Creek Baptist Church; Mayfield Creek Christian School; Pastor Terry Norris; Faith Baptist Church; Faith Baptist Academy; Pastor Tom Otto; Wesley Deters and Mitch Deters, on behalf of themselves and their minor children M.D., W.D., and S.D.; Central Baptist Church; Central Baptist Academy; Pastor Mark Eaton; Cornerstone Christian School; Cornerstone Christian Church; John Miller, on behalf of himself and his minor children B.M., E.M., and H.M., Plaintiffs-Appellants, v. Andy BESHEAR, in his individual capacity, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 14, 2023.


Attorney(s) appearing for the Case

ARGUED: Christopher Wiest , CHRIS WIEST, ATTY AT LAW, PLLC, Crestview Hills, Kentucky, for Appellants. Taylor Payne , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellee. ON BRIEF: Christopher Wiest , CHRIS WIEST, ATTY AT LAW, PLLC, Crestview Hills, Kentucky, Thomas B. Bruns , BRUNS CONNELL VOLLMAR & ARMSTRONG, Cincinnati, Ohio, for Appellants. Taylor Payne , Travis Mayo , OFFICE OF THE GOVERNOR, Frankfort, Kentucky, for Appellee.

MOORE, J., delivered the opinion of the court in which STRANCH, J., joined in full. MURPHY, J. (pp. 303-06), delivered a separate concurring in the judgment.


OPINION

A group of churches, private religious schools, affiliated pastors, and the parents of students who sued on behalf of themselves and their minor children (collectively "Plaintiffs") sued Governor Andy Beshear of Kentucky in his individual capacity for alleged violations of their free-exercise...

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