Thursday, December 02, 2021

Suits In Delaware Seek Bans On Future Emergency Orders Affecting Worship Activities

Two similar lawsuits were filed yesterday in a Delaware state trial court seeking to prevent any future pandemic or other emergency declarations from placing limits on gatherings for religious worship.  The complaints in Hines v. Carney, (DE Ch., filed 12/1/2021) (full text) and Landow v. Carney, (DE Ch., filed 12/1/2021) (full text), citing state and federal constitutional protections, seek injunctions to prohibit

(1) any shutdown Order prohibiting Sunday or weekday assembly for religious worship or setting any attendance limit of 10 or more on the number of persons permitted to worship; (2) any shutdown or subsequent Orders preventing or directing how speech, preaching and teaching from the pulpit is to occur; (3) any shutdown or subsequent Orders prohibiting speech through singing in worship of God, individually or as a group; (4) any shutdown or subsequent Orders prohibiting assembly of worshipers based on age or any other personal characteristics such as health, wealth, race, gender, or other physical or emotional characteristic; (5) any Orders prohibiting Baptism or directing how the ritual is to be conducted; (6) any Orders prohibiting the Lord’s Supper or directing how the ritual is to be conducted; and (7) expressing preferences or favoritism for the practices of one religion over another.

WDEL News reports on the lawsuits.