AG SAYS THE GOVERNOR CANNOT STOP YOU FROM DOING MANY THINGS UNDER TERMS OF THE CONSTITUTION

The governor’s new executive order restricting in-person religious gatherings as a COVID-19 countermeasure is viewed by medical experts as sound public-health advice that Kansans should follow, but Attorney General Derek Schmidt says the order likely violates state constitutional and statutory protections for religious freedom and must not be enforced by arrest, prosecution, fines or imprisonment. Schmidt says the Office of Attorney General strongly encourages all Kansans participating in religious services or activities to voluntarily comply with the new restrictions on religious mass gatherings in order to protect public health, but his office also strongly discourages law enforcement from attempting to enforce it as a violation of the criminal law. He says Kansas statute and the Kansas Constitution’s Bill of Rights each forbid the governor from criminalizing participation in worship gatherings by executive order.