A small Christian school in Oregon has filed a discrimination lawsuit against Gov. Kate Brown and several other high-ranking officials for restricting in-person instruction in private, religious schools during the coronavirus pandemic while allowing public schools to reopen.

In the lawsuit filed by the Alliance Defending Freedom on behalf of Hermiston Christian School, it is alleged that Brown repeatedly assured the leaders of the school that they would be able to provide in-person instruction to the 51 students enrolled in its K-12 program as long as they met certain health guidelines.

Brown reversed course on July 29, however, and ordered private schools in the county and other parts of the state to close while exempting public schools with 75 or fewer students. School officials that violate the order can be jailed for 30 days and fined $1,250.

ADF Senior Counsel Ryan Tucker said in a statement“While responding to crises can be difficult, this case is not. There is no legitimate reason for allowing public schools with 75 or fewer students to provide in-person instruction while denying the same opportunity to small private schools, including religious ones.” 

The lawsuit also argues that government officials are worried about the potential for a “mass exodus” of children from public schools to private institutions.

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