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|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.