Kentucky AG joins legal challenge to governor's order banning in-person learning at schools

Kentucky Attorney General Daniel Cameron and Danville Christian Academy have filed a lawsuit challenging Gov. Andy Beshear's executive order that all public and private K-12 schools must stop in-person learning and switch to remote learning starting Nov. 23. The legal challenge takes issue with the prohibition as it applies to religious institutions.

A complaint alleges violation of the federal and state constitutions and violation of the Kentucky Religious Freedom Restoration Act. 

The plaintiffs want the court to block the enforcement of the executive order against religious institutions such as Danville Christian Academy. 

"The order allows schools to provide small group in-person targeted services as provided in Kentucky Department of Education guidance," a complaint notes. "On information and belief, such services do not include in-person classroom instruction."

Attorney General Cameron in a statement said that religious schools should be able to stay open.

“The Governor’s school-closure order prohibits religious organizations from educating children consistent with and according to their faith,” Attorney General Cameron said according to a press release. “The ability to provide and receive a private religious education is a core part of the freedoms protected by the First Amendment. Religiously affiliated schools that follow recommended social-distancing guidelines should be allowed to remain open."