Khaleda Rahman

By Khaleda Rahman

National Correspondent

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Kentucky Attorney General Daniel Cameron has joined a lawsuit against Gov. Andy Beshear, saying his out-of-state travel ban is unconstitutional.

A woman from northern Kentucky sued Beshear, a Democrat, and Cameron, over the governor's executive orders prohibiting Kentuckians from traveling across state lines amid the coronavirus pandemic.

But Cameron, a Republican, has now filed a motion to realign himself as a plaintiff "because his interests coincide" with the existing plaintiffs. In the filing, Cameron says Beshear's ban "impermissibly violates the fundamental right of every Kentucky citizen to interstate travel."

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"Kentuckians have a fundamental and constitutional right to freely travel from one state to another," Cameron said in a statement on Monday. "While the spread of COVID-19 requires Kentuckians to follow CDC recommendations for social distancing and use caution when traveling, the Governor's order is overly broad by banning nearly all travel.

"If the Governor is going to ask Kentuckians to surrender their constitutional right to freely travel as part of the fight against COVID-19, such a restriction must be narrowly tailored. The sweeping scope of his travel ban, if left unchecked, creates a dangerous precedent."

Cameron spoke about the lawsuit during a news conference on Tuesday afternoon, where he also urged Beshear to permit in-person church services to resume, vowing to file a lawsuit if he doesn't.

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"By specifically banning faith-based mass gatherings while allowing other secular organizations and activities to continue operation, Gov. Beshear has deliberately targeted religious groups," he said.

He added: "Kentucky law gives the Governor broad power during a state of emergency, but it does not give him the power to violate the First Amendment by discriminating against faith-based practices.

"We cannot, in good faith, move forward from this health crisis together if we have allowed faith-based groups to be unfairly targeted during the process. Governor Beshear should immediately rescind the executive orders targeting faith-based gatherings, and, if he doesn't, then we will be forced to file a lawsuit and allow a judge to determine whether his order, as it pertains to religious groups, is constitutional."

The Louisville Courier Journal reported that Cameron had filed an amicus brief on Wednesday in support of a church that is suing Beshear over his ban on mass gatherings.

According to the newspaper, Cameron's brief claims the ban unfairly targets religious gatherings, while permitting gatherings at places such as grocery stores.

Beshear addressed Cameron's remarks on travel and church services during his daily briefing on Tuesday.

He noted that while he has banned mass gatherings in a bid to slow the spread of COVID-19, the disease caused by the novel coronavirus, his order does not single out religious services.

"In both cases we've had early rulings by a judge indicating that they are likely to rule that everything we have done is legal," he added. "Folks, I'm not trying to set rules that are difficult and I'm not trying to set rules that are controversial. I'm just trying to set rules that save people's lives."

On Wednesday, he unveiled a tentative reopening schedule for the state, saying houses of worship could resume in-person services from May 20 at a reduced capacity if they comply with social distancing, cleaning and other accommodations.

Beshear issued a "Healthy At Home" order urging Kentuckians to stay at home from March 26 and directed only "life-sustaining" businesses to remain open. He later issued an order restricting travel to other states during the pandemic, except for limited reasons such as to go to work or get groceries.

Kentucky has more than 4,500 confirmed cases of COVID-19 and 235 deaths, according to the latest data from the Kentucky Department of Public Health.

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