COMMONWEALTH OF KENTUCKY, Attorney General Daniel Cameron, ex rel. DANVILLE CHRISTIAN ACADEMY, INC., et al.,
ANDREW G. BESHEAR, in his official capacity as Governor of the Commonwealth of Kentucky,
   No. 20-6341
Appeal from the United States District Court
for the Eastern District of Kentucky at Frankfort.
No. 3:20-cv-00075—Gregory F. Van Tatenhove, District Judge.
Decided and Filed: November 29, 2020
Before: MOORE, ROGERS, and WHITE, Circuit Judges.


This is an appeal from a preliminary injunction, primarily based on the Free Exercise Clause of the First Amendment, against enforcement of a COVID-19-related executive order by Governor Andrew G. Beshear prohibiting in-person instruction at all public and private elementary and secondary schools in the Commonwealth. The Governor moves to stay the preliminary injunction pending appeal. Plaintiffs respond in opposition, and a number of amici curiae join in opposition. Primarily because plaintiffs are unlikely to succeed on the merits of their Free Exercise claim, the preliminary injunction should not have been entered. This is because of the likelihood that our court will rule that the order in question is neutral and of general applicability. The Governor’s motion will therefore be granted.