[co-author: Nathaniel Bernstein] Key Cases Courts Reach Mixed Conclusions on Challenges to COVID-19 Assembly Restrictions Nathan A. Adams IV Several recent cases concern challenges to executive orders relating to COVID-19 limiting the ability of churches to assemble and imposing other limitations. Beginning with appellate decisions, these cases are summarized in two groups: one group where courts enjoined the executive orders and another group where they did not. Granting Injunction In Roberts v. Neace , 958 F. 3d 409 (6th Cir. 2020), the court ruled that congregants of Maryville Baptist Church who wanted to attend in-person worship services were likely to succeed on the merits of their free exercise claim against Kentucky Gov. Andy Beshear and others due to two executive orders that 1) prohibit faith-based mass gatherings and 2) require the closing of organizations that are not "life-sustaining." Likewise, in Maryville Baptist Church, Inc. v. Beshear , 957 F. 3d 610 (6th Cir 2020), the same court ruled that Maryville Baptist Church was likely to succeed on the merits of its action alleging that the same executive orders violated the First Amendment and Kentucky’s Religious Freedom Restoration Act (RFRA) as applied to drive-in church services with social distancing. As […]
