Kansas' high court weighs virus limits on religious services

Kansas' high court weighs virus limits on religious services

SeattlePI.com

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BELLE PLAINE, Kan. (AP) — An attorney for Kansas Gov. Laura Kelly told the state Supreme Court on Saturday that a Republican-dominated legislative panel exceeded its authority when it overturned the Democratic governor's executive order banning religious and funeral services of more than 10 people during the coronavirus pandemic.

Lawmakers countered that the language in a resolution they contend gave the panel that authority was a compromise reached with Kelly and was intended as a check on her power at a time when the full Legislature couldn't meet because of virus concerns.

The hearing, which was the court’s first conducted completely via video conferencing, came one day before Easter, which is typically the busiest day on the Christian calendar in terms of church attendance.

“In this time of crisis, the question before the court is whether a seven-member legislative committee has the power to overrule the governor. The answer is no,” said Clay Britton, chief counsel for the governor.

During an emergency, the governor can only be overruled by the Legislature as a whole acting on a resolution voted on by all 165 of its members, he argued.

Attorneys for the lawmakers, though, said the court should consider that the resolution that gave the panel its authority was a compromise meant to give legislative oversight at a time when the full Legislature couldn't meet.

“You will recall this was a time everybody was trying to skedaddle as fast as they could from the Statehouse because of the pandemic concerns,” said attorney Brad Schlozman.

The justices said they would confer right after the arguments were presented and would try to reach a decision quickly.

Both sides agree that worshipers should avoid gathering in large groups to avoid the risk of spreading the...

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