Broomes' order does not let the churches have services without any restrictions. Instead, he ordered them to abide by recommendations for social distancing that people stay 6 feet apart and to continue following other practices the lawsuit said they had imposed, such as not using collection plates.

"Public safety is important, but so is following the Constitution," said Tyson Langhofer, senior counsel for the Christian-founded and conservative Alliance for Defending Freedom, which was involved in the case. “We can prioritize the health of safety of ourselves and our neighbors without harming churches and people of faith.”

Kelly’s order limited in-person religious services or activities to 10 congregation members but didn’t limit the number of pastors, choir members and others who could put on the service, so long as they practiced social distancing. Kansas Attorney General Derek Schmidt, a Republican, warned that it would be unconstitutional to cite or fine churches and pastors for violating Kelly's order.

“Ultimately, the people were forced to stop her,” Kansas Senate President Susan Wagle, a Wichita Republican, said in a statement.

Many Kansas churches have moved services online, but the pastors and churches suing Kelly said they believe God calls them to engage in “corporate” prayer.

They argued Kelly could have imposed less restrictive measures on churches to help slow the spread of the coronavirus. They also said that Kelly’s stay-at-home order had exceptions for numerous “essential” businesses, so her policies unfairly targeted and showed “hostility” toward churches.

Broomes noted the exceptions for some businesses, calling the different treatment of churches “arbitrary.”

But Kelly said, “There is still a long way to go in this case.”

"And we will continue to be proactive and err on the side of caution where Kansans’ health and safety is at stake,” Kelly said.

Top Republican legislative leaders moved last week to revoke Kelly’s order on church gatherings 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.

Kansas House Speaker Ron Ryckman Jr., a Kansas City-area Republican, texted that people need to stay home, but, "the state cannot and should not set up a double standard.”