Two Pastors Who Sued Gov Carney to Restore Religious Freedom Declare Victory

Delaware’s Supreme Court has unanimously concluded that Governor John Carney repeatedly violated the religious freedoms of two pastors and their congregations during the Covid-19 pandemic – from March to June of 2020. The two pastors, Rev. Alan Hines of Townsend Free Will Baptist Church and Rev. David Landow of Emmanuel Orthodox Presbyterian Church in Wilmington, sought a declaration that the Emergency Orders which Governor Carney had issued were illegal. On Thursday, the State Supreme Court declined to issue future injunctive relief against Governor Carney – but made it clear that he can never issue such Orders again – and future Governors of Delaware are now tied by this ruling as well.

Additional information from the release from Attorney Thomas Neuberger: 

The pastors had sought a declaration that the Emergency Orders which Governor Carney had issued were illegal:
     (1) prohibiting in person Sunday religious services;
     (2) preventing indoor preaching;
     (3) banning singing;
     (4) barring the elderly from church;
     (5) prohibiting Baptism;
     (6) prohibiting the Lord’s Supper; and
     (7) favoring Jewish circumcisions over Christian baptisms.

In the earlier case for Rev. Christopher Bullock, the federal court never issued a ruling tying the Governor’s hands in the future. (Op. at 14).

Today the Delaware Supreme Court declined to issue future injunctive relief against Carney but made it clear that he can never issue such Orders again:

“Case law that has developed since the Challenged Restrictions were lifted
support the view that the restrictions violated Appellants’ rights. Well after the
Challenged Restrictions were lifted, the United States Supreme Court issued its
opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, in which the Court
held that a church and synagogue established that they would likely prevail in
proving that occupancy limitations at public places of worship violated the Free
Exercise Clause of the First Amendment. A future governor confronted with a
future public-health emergency would have the benefit of that precedent, but it
was not available at the time Appellee made the decisions at issue. … singling out
Houses of Worship for heightened restrictions was a probable constitutional
violation under Cuomo…” (Op at 45) (emphasis added).

The Supreme Court also added that in refusing monetary or injunctive relief to the plaintiff pastors, “[o]ur ruling does not mean that the Governor is free to impose similar restrictions in the future.” (Op. at 26).

“The hands of future Governors of Delaware are now tied by this ruling by our respected Court,” declared Thomas S. Neuberger, one of the attorneys for the pastors. “As the Wall Street Journal wrote on November 13, 2020 about Carney’s illegal orders, ‘a pandemic doesn’t override the Constitution,’” he added.

CLICK HERE FOR THE DELAWARE SUPREME COURT OPINION