Friday, July 09, 2021

Dismissal Of Suit Against Trump For Promoting Religion Affirmed By Delaware Supreme Court

In Kelly v. Trump,(DE Sup. Ct., July 7, 2021), the Delaware Supreme Court affirmed the dismissal on standing grounds of two claims in a suit against then-President Donald Trump contending that he created the illusion of government sponsorship of religion, The court also affirmed the refusal to allow plaintiff to substitute President Biden as defendant because he allowed Executive Order 13798 to remain in effect.  According to the court:

[Plaintiff]  contends that the executive order “require[s] government organizations and agents to partner with churches to pay churches to perform government business for the government....  She states that the “churches create the illusion of charity while serving business greed” and that she “believe[s] people will be damned to hell for thinking business greed is charity.”...

Kelly’s claim is manifestly without merit. Contrary to her assertion, Executive Order 13798, on its face, does not prescribe any partnership between the government and any religious organization.