MITCH MCCONNELL
KENTUCKY

 

Mniteb $tatea Senate

MAJORITY LEADER
WASHINGTON, ELC. EOSIO

April 9, 2020

The Honorable Greg Fischer
Mayor of Louisville

52? West Jefferson Street
#600

Louisville, KY 40202

DELIVERED VIA EMAIL

 

Dear Mayor Fischer:

The public health and economic crises caused by have presented unprecedented challenges for
state and local of?cials. I am committed to working with you to protect the health and welfare of our
constituents in Louisville.

During any crisis, it is important that we continue to respect and protect the constitutional rights of our
citizens. 1 write to you today to urge you to do everything you can to protect one of the rights dearest to
our shared right to freely exercise their religion.

It is my understanding that you are prohibiting Christian churches from holding drive-in services in church
parking lots for Easter Sunday?the holiest day on the Christian calendar?winespective of whether those
services strictly comply with Centers for Disease Control guidelines for mitigating the transmission
of But, to my knowledge, the government has not imposed similar wholesale bans on
gatherings of people in vehicles for commercial purposes?including large, heavily trafficked retail
operations, grocery stores. and many others.

The Supreme Court has repeatedly made clear that the First Amendment prohibits the government from
singling out people and businesses for disfavored treatment merely because they are religious. See, cg,
Trinity Lutheran Church qf'Cm'umhfa, Inc. v. Corner. 137 S. Ct. 20l2. 2019 (2017] (citing Church of
Lukumi Bahala Aye, Inc. v. Hialeah. 508 US. 520, 533, 542 (1992)). Kentucky law further prohibits the
government from limiting the free exercise of religion by anything other than the least-restrictive means
necessary to achieve the government?s important objective. See Ky. Rev. Stat. Ann. 446.350. When the
government permits people in vehicles to gather in parking lots for secular purposes but prohibits them
from doing so for religious purposes. it raises the specter that the government is singling religious people
out for disfavored treatment. It further suggests that a flat prohibition on religious gatherings that are strictly
complying with CDC guidelines is not the least?restrictive means necessary to mitigate the spread of


Let me be clear: I believe churches should be following CDC guidance on mitigating the transmission of
COVID- 9. and support temporary government regulations consistent with that guidance. Religious

organizations share the national responsibility to fight the disease's spread. The reports of churches



meeting in open de?ance of CDC guidelines and thereby contributing to the spread of the disease are
troubling and disheartening. I do not support those irresponsible gatherings.

But religious people should not be singled out for disfavored treatment. As we all unite to ?ght COVID-
19, Kentuckians, like all Americans. are relying on their faith communities for comfort and guidance,
particularly during the holy seasons of Easter and Passover. The government should not flatly prohibit
religious gatherings that comply with CDC guidelines unless it has no other choice to step 9. And
given that the government permits gatherings of people in 1rehieles in parking lots for commercial purposes,
I believe the government has means to stop the spread of short of a flat ban on gatherings of
people in vehicles for religious purposes. I therefore urge you to permit religious gatherings that carefully
and strictly comply with CDC guidelines for combating the spread of COVID-IQ.

Thank you for your leadership in this crisis. Please join me in safeguarding both the health and
constitutional liberties of all Kentuckians.

Sincerely,

 

MITCH 
MAJORITY LEADER

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