In this photo taken Wednesday, April 15, 2020, Kansas Gov. Laura Kelly answers questions about the coronavirus pandemic, during a news conference at the Statehouse in Topeka, Kan. Kelly faces a federal lawsuit filed by two churches and their pastors over an order she issued limiting religious gatherings to 10 or fewer congregation members. (AP Photo/John Hanna)

In this photo taken Wednesday, April 15, 2020, Kansas Gov. Laura Kelly answers questions about the coronavirus pandemic, during a news conference at the Statehouse in Topeka, Kan. Kelly faces a federal lawsuit filed by two churches and their pastors over an order she issued limiting religious gatherings to 10 or fewer congregation members. (AP Photo/John Hanna)

WICHITA, Kan. (AP) — A federal judge is considering whether to block enforcement of Gov. Laura Kelly’s order banning religious gatherings with more than 10 people to help slow the spread of the new coronavirus.

U.S. District Judge John Broomes said he would rule by Saturday, if not sooner, on whether to grant a temporary restraining order after hearing arguments in a telephone conference call with the attorneys.

Broomes also set an in-person hearing for Wednesday at the federal courthouse in Wichita on the request for a preliminary injunction that would be in place until the case is resolved.

The churches and their pastors filed a federal lawsuit Thursday against Kelly, arguing that the directive violates their religious and free-speech rights, as well as their right to assembly.

Their attorneys argued at the hearing that there are less restrictive measures that could be imposed, saying the churches would agree to maintain a six-foot distance between congregants at their gatherings. They also contend the governor’s order is not neutral because it allows 26 exceptions for other secular activities and does not allow any for religious activity.

Kansas has identified 35 COVID-19 clusters in the state, including 13 at private companies and five at churches, said Tyson Langhofer, who represents the places of worship.

Lumen Mulligan, who represented the governor at the hearing, argued that Kelly was protecting the public interest amid the coronavirus outbreak. The governor “disagrees strongly,” he said, with the churches’ position that her order targets religion.

The judge noted during the hearing that the governor’s order allows other essential functions as long as such social distancing measures are in place.

Top Republican legislative leaders had attempted last week to revoke Kelly’s order themselves, only to see the Democratic governor thwart their efforts by contesting their action before the Kansas Supreme Court. The state’s highest court let her order stand on technical grounds, without deciding whether it violated freedoms guaranteed by the U.S. or Kansas constitutions.

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The lawsuit was filed by First Baptist Church in Dodge City and Pastor Stephen Ormond and Calvary Baptist Church in Junction City and Pastor Aaron Harris.

Kelly spokeswoman Dena Sattler said Thursday that the governor’s office is reviewing the lawsuit but added, “This is not about restricting religion, it is about keeping people safe and saving Kansans’ lives.”