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The unsigned court order is the most recent to come from judges dealing with religious groups challenging Covid-19 restrictions as a violation of First Amendment rights, despite being the first to deal with a school . In other recent orders, the court sided with places of worship and against state officials.
Here, the court noted that the state regulation expires in the next few days and that there was “no indication that it will be renewed”. The court said that due to the “timing and impending expiration” of the order, it would deny the blocking request, but said the school could return if a new order is issued next year.
They said that even with the impending expiration, the court should have blocked the order because for now it remains in dispute, and the dispute “remains live”.
The petition was filed by lawyers for Danville Christian Academy, who argued that the order closing all religious and non-religious public elementary, middle and higher schools in the state violated religious freedom.
They argued that Danville was treated differently from secular businesses and that the academy requires in-person instruction from its students.
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