In re Covid-related Restrictions on Religious Services
Delaware Supreme Court affirmed dismissal of clergy members’ challenge to restrictions on religious gatherings during the Covid-19 pandemic. Because the restrictions were lifted before the action was filed and the possibility of future pandemic conditions is speculative, the court said, the plaintiffs cannot establish irreparable harm for injunctive relief or standing for their declaratory claim. The court also found the governor immune from the clergies’ damages claims, rejecting the argument that his restrictions fell outside the state tort law’s liability exemption for “discretionary” acts because he lacked authority to interfere with religious worship under the state constitution.
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When May a State Restrict Religious Gatherings?
A challenge to Covid-19–era limits on church services reaches the Delaware Supreme Court.