Delaware GOP backs appeal of religious freedom lawsuit

(The Center Square) — Delaware Republicans have signed onto an appeal of a lawsuit against Gov. John Carney's authority to shut down houses of worship during public health emergencies.

In a new court filing, all 21 members of the state Assembly's GOP caucus urged the state Supreme Court to consider the issue of whether the governor has the authority to revoke citizens’ constitutional rights under his emergency powers.

The legal filing is the latest volley in a lawsuit filed by a pair of pastors who challenged Carney's executive authority to set restrictions on religious gatherings during the COVID-19 pandemic. A state Superior Court judge tossed out the legal challenge in August, but the plaintiffs appealed to the Supreme Court.

Republican lawmakers argue in the court filing that if one branch of government can ignore constitutional protections, it "undermines the integrity of the entire Delaware Code."

"If the constitution can be disregarded, so also can lesser statutory laws," lawyers for the GOP minority caucus wrote.

State Rep. Tim Dukes, R-Laurel, a practicing pastor, is among those who signed onto the amicus brief to the court. He said GOP lawmakers understand the challenges posed during an emergency situation and need to safeguard citizens' health and safety.

"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," he said in a statement. "These activities are fundamental to all aspects of our well-being."

The lawsuit, filed on behalf of two church pastors, argued that the restrictions placed on churches by Carney at the beginning of the COVID-19 pandemic violated their religious freedoms.

The litigants asked the court to set a permanent injunction against Carney and his successors to prevent them from enacting similar restrictions in the future, as well as financial damages.

However, Superior Court judge Meghan Adams rejected the legal challenge, requesting the Carney administration's lawyers to dismiss the case.

Adams said the plaintiffs in the case lacked standing to seek relief from the courts, given that the COVID-19 restrictions have already been lifted.

"Plaintiff's right to freedom of speech, religion and assembly will not be restored or further protected by such a relief," she wrote in the 49-page decision. "The court cannot permit this case to move forward solely on the possibility that it may bring the plaintiffs' satisfaction to receive a declaration that the governor's conduct was unlawful."