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Federal judge denies Kentucky church's restraining order request against ban of mass gatherings

The suit filed alleged Beshear violated their religious freedom by targeting churchgoers on Easter Sunday.

LOUISVILLE, Ky. — A lawsuit by Maryville Baptist Church and pastor Dr. Jack Roberts against Gov. Andy Beshear has been denied by a federal judge. 

The suit filed alleged Beshear violated their religious freedom by targeting churchgoers on Easter Sunday.

The lawsuit says Beshear allowed "so-called 'life sustaining' commercial and non-religious entities to accommodate large gatherings...without scrutiny."

The church sought a temporary restraining order to allow them to have in-person service.

Judge David Hale, who denied the suit, said that the plaintiffs did not demonstrate merit based on comparisons to essential businesses being open and First Amendment restrictions. 

Hale also stated that the claim did not demonstrate that they would suffer permanent and irreparable injury from not having a temporary restraining order. 

Hale goes on to state, "Meanwhile, a temporary restraining order allowing large in-person gatherings would substantially harm third parties by facilitating the spread of COVID-19, and the public interest thus does not favor a temporary restraining order."

Maryville Baptist also suggested that the case was similar to On Fire Christian Center's suit against Louisville Metro in regards to having drive-in services. 

Hale stated that there are no parties in common and the suits challenge different government officials or entities. 

Protesters were across the street from the church holding signs in support of the church along with the church's off-road sign citing Acts 5:29 with, "... We ought to obey God rather than men. (Gov't)"

Credit: WHAS11 Jessica Farley
Credit: WHAS11 Jessica Farley

The ruling says the court will set a briefing and hearing schedule on the motion for preliminary injunction. 

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