A federal judge in Kansas ruled it might be unconstitutional:
A federal judge signaled that he believes there's a good chance that Kansas is violating religious freedom and free speech rights with a coronavirus-inspired 10-person limit on in-person attendance at religious services or activities and he blocked its enforcement against two churches that sued over it.
The ruling Saturday from U.S. District Judge John Broomes in Wichita prevents the enforcement of an order issued by Gov. Laura Kelly against a church in Dodge City in western Kansas and one in Junction City in northeast Kansas. The judge's decision will remain in effect until May 2; he has a hearing scheduled Thursday in the lawsuit filed against Kelly by the two churches and their pastors, on whether he should issue a longer-term or broader injunction.
Kelly continued to defend her order in a statement: "This is not about religion. This is about a public health crisis.” [...]
Broomes directed the churches 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. [...]
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.
The details in this case seem to matter, i.e. the judge seems to have had no objection against some of the physical distancing parts of the governors' order (e.g. 6-feet distance), which probably implicitly limit attendance numbers in closed spaces, but otherwise seems to have objected to an arbitrary ceiling to the number of people gathered.
Since the US went through a pandemic before, in 1918-1919, in which also some gatherings were banned or at least cancelled, I'm curious if there have been any judicial precedents for this kind of case, i.e. whether limiting the number of attendants to an arbitrary figure was in question.