Freedom to worship lawsuit goes to Supreme Court

Delaware Republican legislators recently signed a friend-of-the-court brief against Gov. John Carney in connection to a Delaware Supreme Court case guaranteeing rights for citizens to worship freely.  

The lawsuit was originally filed in 2021 by plaintiffs Pastor Alan Hines and the Rev. David W. Landow over Carney’s emergency orders and restrictions intended to limit the spread of COVID-19, but which restricted activities in houses of worship, which they say is a violation of the state constitution. 

In the amicus curiae brief, Republicans said if one branch of government is allowed to ignore constitutional protections, it undermines the integrity of the entire Delaware Code.  

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 Carney’s actions during the COVID outbreak did not violate established legal standards at the time the decisions were made. 

Rep. Tim Dukes, R-Laurel, who is also a practicing pastor, said he can appreciate the challenges posed during an emergency situation and the need to safeguard citizens.

“Dealing with an emergency, especially in the unique circumstances we faced during the pandemic, is undeniably difficult,” he said in a press release. “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.”