Kentucky’s governor cannot prevent religious schools from providing in-person instruction to students, a federal judge ruled on Wednesday.

Gov. Andy Beshear’s executive order closing K-12 schools appears to violate the First Amendment of the U.S. Constitution, the judge said in his 22-page ruling.

“The governor has every right to impose some restrictions on all schools, religious and secular alike,” wrote District Judge Gregory Van Tatenhove, a George W. Bush appointee.

“Social distancing, face masks, limits on class size, reporting requirements, and other protocols may cost money and may be inconvenient for parents and students, but we give executives increased discretion in times of crisis. But in an effort to do the right thing to fight the virus, the governor cannot do the wrong thing by infringing protected values.”

Beshear, who is in his first term, signed an executive order on Nov. 28 mandating all grade schools stop in-person classes from Nov. 20 through Dec. 13.

“This court wonders why under this executive order, one would be free to attend a lecture, go to work, or attend a concert, but not attend socially distanced chapel in school or pray together in a classroom that is following strict safety procedures and social distancing,” the judge said in his ruling. “Of even more significance, preschools in the state remain open after this executive order, as do colleges and universities.”

Additionally, the order appears to run counter to recommendations from the Centers for Disease Control and Prevention. Just last week, the federal agency’s director, Dr. Robert Redfield, told reporters in Washington that “one of the safest places” school children can be is in school, adding that it is “counterproductive” to close schools.

Beshear is prevented from enforcing the prohibition on in-person instruction on any religious private school in the state that adheres to social distancing and hygiene guidelines.

https://www.theepochtimes.com/kentucky-governor-cant-halt-in-person-instruction-at-private-religious-schools-judge_3594369.html