Appeals Court Rules in Favor of Kentucky Church Case

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In a 3-0 opinion, the Sixth Circuit Court of Appeals sent Liberty Counsel’s case, Maryville Baptist Church, et al v. Andy Beshear, back for the district court to reconsider its previous ruling that found the church was not the “prevailing party,” despite the fact that the church obtained a preliminary injunction blocking the enforcement of Kentucky Governor Andy Beshear’s church lockdown order. Today’s ruling sets aside the district court order and directs the lower court to reconsider the case in light of a similar ruling by the Sixth Circuit finding prevailing party status involving the same incident and the same church. Prevailing party status would entitle the plaintiffs to attorney’s fees and costs.

In a similar case, Roberts v. Neace, those plaintiffs attended Maryville Baptist Church on the same day and already have been awarded attorney’s fees by the Sixth Circuit, which found that obtaining a preliminary injunction entitled the plaintiffs to “prevailing party” status. In fact, the Court stated that Governor Beshear ended his worship ban because of the injunctions obtained by Liberty Counsel’s case, Maryville Baptist Church, Inc. v. Beshear.