DE House & Senate Republicans Support Lawsuit to Protect Delawareans’ Right to Worship Freely
The 21 Republican lawmakers in the Delaware General Assembly have signed an amicus curiae brief in a case that was filed against Governor John Carney in December of 2021 that contends he violated federal and state constitutional guarantees for citizens to worship freely. The lawsuit was originally filed in the Court of Chancery and later transferred to the Superior Court – which ruled against the plaintiffs. The case is being appealed to the Delaware Supreme Court noting the Superior Court’s dismissal did not address the issue of whether the governor has the authority to revoke citizens’ constitutional rights under his emergency powers. Governor Carney issued several emergency orders and restrictions between March 22 and June 2 of 2020 intended to limit the spread of Covid – including restricted activities in houses of worship.
Additional information from the DE Republican Caucus:
The lawsuit was originally filed on December 1, 2021 in the Court of Chancery and was later transferred to the Superior Court, which ruled against plaintiffs Pastor Alan Hines (Townsend Free Will Baptist Church) and Reverend David W. Landow (Emmanuel Orthodox Presbyterian Church).
The lawsuit specifies that between March 22 and June 2, 2020, the governor issued several emergency orders and restrictions intended to limit the spread of COVID-19. These directives restricted activities in houses of worship, often in ways that were arbitrary and more severe than restrictions placed on “essential businesses” – which included houses of worship – and which remained open to the public during the pandemic.
The governor’s tenth modification of his emergency order limited houses of worship to gatherings of no more than ten people for in-person services. “Out of the 237 categories of essential businesses that the State of Delaware identified, only houses of worship were subject to this ten-person restriction,” the lawsuit states. Other essential businesses were only limited to twenty percent of their venue’s rated capacity.
Article I of the Delaware State Constitution bars the governor (magistrate) from having any authority to control or interfere with the free exercise of religious worship.
The governor’s lawyers argue the state’s Emergency Management Act grants the chief executive broad discretionary authority to issue orders, proclamations and regulations he or she “reasonably believes necessary to help maintain life, health, property or public peace” and that Gov. Carney’s actions during the COVID outbreak did not violate established legal standards at the time the decisions were made.
In the amicus curiae brief, Republican lawmakers counter that if one branch of government is allowed to ignore constitutional protections, it undermines the integrity of the entire Delaware Code. “If the constitution can be disregarded, so also can lesser statutory laws,” the document states.
State Rep. Tim Dukes (R-Laurel), who is also a practicing pastor, says he can appreciate the challenges posed during an emergency situation and need to safeguard citizens. “Dealing with an emergency, especially in the unique circumstances we faced during the pandemic, is undeniably difficult,” he said. “However, protecting the public’s welfare also means defending their constitutional right to worship, to maintain their relationship with God, and to receive the emotional, psychological, and spiritual support of their church community and their clergy. These activities are fundamental to all aspects of our well-being.”
“Religious worship is protected from government interference by the First Amendment of the U.S. Bill of Rights and Article I of the Delaware Constitution,” said Sen. Bryant Richardson (R-Laurel). “There is a reason it’s the first item mentioned in both documents. It is a cornerstone to our American identity, tracing its roots back more than 400 years to the founding of the Plymouth Colony. No one person, regardless of their intentions, should have the authority to unilaterally revoke this inalienable, sacred right.”
First Amendment to the US Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Article I, Section 1 of the Delaware Constitution
ARTICLE I. BILL OF RIGHTS
§ 1. Freedom of religion.
Section 1. Although it is the duty of all persons frequently to assemble together for the public worship of Almighty God; and piety and morality, on which the prosperity of communities depends, are hereby promoted; yet no person shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his or her own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship, nor a preference given by law to any religious societies, denominations, or modes of worship.
