Law & Courts

Supreme Court Denies Kentucky Religious Academy’s Challenge to School Closing Order

By Mark Walsh — December 17, 2020 3 min read
The Supreme Court in Washington on the day after the election, Wednesday, Nov. 4, 2020.
  • Save to favorites
  • Print

The U.S. Supreme Court late Thursday denied emergency relief to a Kentucky religious school that challenged the governor’s pandemic closure order, saying that the imminent expiration of the order and the holiday break counseled against granting the school’s request at this time.
“Under all of the circumstances, especially the timing and the impending expiration of the order, we deny the application without prejudice to the applicants or other parties seeking a new preliminary injunction if the governor issues a school-closing order that applies in the new year,” says the unsigned order in Danville Christian Academy v. Beshear (No. 20A96).
Two justices dissented, saying the Nov. 18 school closure order issued by Kentucky Gov. Andrew G. Beshear was at least constitutionally suspect under the Supreme Court’s recent decision in Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, which blocked pandemic-related limits on church attendance in New York state.
Justice Neil M. Gorsuch, in a dissent joined by Justice Samuel A. Alito Jr., said that a federal appeals court decision that refused to exempt religious schools from the order failed to adequately consider arguments that the governor’s order discriminated against religion. Even though Beshear’s closure order applies equally to public and private schools, including religious schools, Gorsuch suggested that the U.S. Court of Appeals for the 6th Circuit, in Cincinnati, failed to weigh the school closure order against the governor’s separate business closure order, which permitted more activities and gatherings.
“Under this court’s precedents, even neutral and generally applicable laws are subject to strict scrutiny where (as here) a plaintiff presents a ‘hybrid’ claim—meaning a claim involving the violation of the right to free exercise and another right, such as the right of parents to direct the education of their children,” Gorsuch said.
Alito, in a short separate dissent joined by Gorsuch, said the court should grant relief since the impending expiration of the order and holiday break were not the fault of the Danville Christian Academy. The school challenged the governor’s order two days after it was issued, and sought emergency relief in the Supreme Court on Dec. 1, just two days after the 6th Circuit court denied the school an injunction.
The more than two weeks that passed from the school’s emergency application and the high court’s order itself suggests that the case may have been the subject of some intense internal debate. Alito said in his dissent that “no one should misinterpret” the Supreme Court’s denial of the school’s application “as signifying approval of the 6th Circuit’s decision.”
Danville Christian Academy, a 234-student pre-K-12 school in central Kentucky, was joined in its emergency application by Kentucky Attorney General Daniel Cameron, a Republican. They were also joined by several friend-of-the-court briefs that made the arguments that even if Beshear’s order was religiously neutral and generally applicable because it treats public and private schools alike, the order requires heightened judicial scrutiny because the right of parents to direct their children’s upbringing was also involved.
The Supreme Court, in its order in the case, said that Danville Christian Academy did not squarely raise this alternative argument in the lower courts.
In a court filing, Beshear defended his closure order and argued it did not violate the free exercise rights of any religious schools.
“There is no claim here that the Executive Order arises from religious animus, is targeted at religion, or classifies on the basis on religion,” Beshear’s filing said, adding that the order “does not treat religious schools more harshly than secular ones. … In fact, it does not mention religion at all. That distinguishes it from orders invalidated by other appellate courts and by this court.”
Alito, in his dissent, reinforced the statement at the end of the majority order that the school may return to the courts if Beshear reinstates his school closure order.
“As things now stand, this action remains on the docket of the district court,” Alito said. “If the governor does not allow classes to begin after the turn of the year, the applicants can file a new request for a preliminary injunction, and if the lower courts do not provide relief, the applicants may of course return to this court.”

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Recruitment & Retention Webinar
Hiring, Retention, and Fill Rates: A Data-Driven Sub Strategy
Explore what keeps substitutes coming back and hear how one district rebuilt its substitute hiring process and improved its fill rate.
Content provided by Frontline Education
Early Childhood K-12 Essentials Forum Early Childhood Education: Building Essential Skills for Success
Join this free virtual event to examine the biggest challenges in supporting young children, from preschool through elementary school. 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Absenteeism Webinar
Attendance Isn't an Attendance Problem
Boost attendance by strengthening relationships, belonging, and support with practical strategies from Doug Fisher & Nancy Frey.
Content provided by Corwin

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Trump Admin. Says School District Facilitates 'Gender Transitions,' Files Suit
The lawsuit comes after several months of back and forth with the Kansas City, Kan., public schools.
Sofi Zeman, The Kansas City Star
2 min read
Acting Deputy Executive Associate Director at Homeland Security Investigations Matthew Millhollin holds a Department of Justice folder during a news conference to announce charges being brought against Chinese nationals involved in a marriage fraud scheme at the Department of Justice on Aug. 12, 2026 in Washington, D.C. The group have been accused of running a scheme where foreign nationals paid money to American citizens for fraudulent marriages in order to receive green cards then immediately filed for divorce once permanent residency in the U.S. had been established. (Photo by Samuel Corum/Sipa USA)
An official holds a Department of Justice folder during a news conference on Aug. 12, 2026 in Washington. The DOJ sued the Kansas City, Kan., public schools over guidelines addressing how school staff address students who request to go by pronouns that differ from their sex at birth.
Samuel Corum/Sipa USA via AP
Law & Courts Court Blocks Trump Admin.'s Abstinence Emphasis in Teen Pregnancy Program
HHS revamped the grant with new requirements that align with conservative priorities.
3 min read
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., Wednesday, Oct. 19, 2022.
The office of Planned Parenthood of the Heartland, one of Nebraska's few abortion clinics, is seen in Omaha, Neb., on Oct. 19, 2022. The organization is part of a coalition of affected grantees affected by the Trump administration funding for teen pregnancy programs.
Josh Funk/AP
Law & Courts Supreme Court Asked to Review Law Requiring Ten Commandments in Public Schools
The case could set a new national standard for religious expression in classrooms.
2 min read
A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments.
A copy of the Ten Commandments is posted along with other historical documents in a hallway of the Georgia Capitol, Thursday, June 20, 2024, in Atlanta. Civil rights advocates have asked the U.S. Supreme Court to review a Texas law requiring the state’s public schools to display the Ten Commandments.
John Bazemore/AP
Law & Courts Judge Orders Meta to Build New Child Safeguards. Advocates Hope Other Courts Follow
The new online safety measures would include a monthly time limit and AI chatbot restrictions.
6 min read
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Mark Zuckerberg talks about the Orion AR glasses during the Meta Connect conference on Sept. 25, 2024, in Menlo Park, Calif.
Godofredo A. Vasquez/AP Photo