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Appeals court favors Beshear in lawsuit over closing private, religious schools

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CINCINNATI, Oh. (LEX 18) — The U.S. Court of Appeals for the Sixth Circuit ruled in favor of Governor Andy Beshear in a lawsuit over the Governor's executive order to close schools to in-person education.

On November 20th, Attorney General Daniel Cameron joined Danville Christian Academy, Inc., in filing a lawsuit in federal court against Gov. Andy Beshear asking the court to issue a statewide temporary restraining order against the Governor’s latest order banning in-person instruction at religious schools.

On Sunday, a three-judge panel ruled in Beshear's favor, saying the Governor's executive order was neutral and did not single out religious and private schools.

The Court wrote, "there is no evidence that the challenged restrictions were “targeted” or “gerrymandered” to ensure an impact on religious groups."

The Court further explained, "We are not in a position to second-guess the Governor’s determination regarding the health and safety of the Commonwealth at this point in time."

In a tweet, Governor Beshear wrote, "Today, the Sixth Circuit recognized that we must all do our part over the next several weeks to slow this virus. Don’t try to find an exception, do your part to save lives."

In a tweet, Attorney General Daniel Cameron expressed his intentions to take this matter to the United States Supreme Court.

You can read the Court's order in full here.