In re Covid-related Restrictions on Religious Services

Docket number
354, 2023
Date

Affirmed dismissal of the 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. 

Opinions, Briefs and other Documents

  • Party Brief

Appellant - Reply Brief

  • Amicus Brief

Delaware General Assembly - Amicus Brief

  • Party Brief

Appellees - Answering Brief

  • Party Brief

Appellant - Opening Brief

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