State Ex Rel. O'Sullivan v. Heart Ministries, Inc.

The opinion of the court was delivered by

Miller, J.:

Heart Ministries, Inc. and William and Carol Cowell appeal from the issuance of a permanent injunction against them by the trial court. The propriety of that order is attacked on numerous grounds, one of which we believe to be determinative: whether the licensing requirement of K.S.A. 1979 Supp. 65-501 and the fee requirements of K.S.A. 1979 Supp. 65-505 violate appellants’ rights under the “free exercise” clause of the First Amendment to the Constitution of the United States.

The State, through the county attorney of Reno County, brought…