On Thursday, August 1st, the Delaware Supreme Court handed down their decision in Hines & Landow v. Carney.
Attorney Stephen J. Neuberger of The Neuberger firm represented Delaware Pastors Hines and Landow who brought the case against the Governor’s unconstitutional restrictions of churches during the Covid-19 pandemic. While other businesses and organizations remained opened, Governor Carney heavily restricted church congregations’ ability to meet, even down to their use of communion and collection of offerings!
Both the Chancery and Superior Court argued that the pastors did not have standing to bring their lawsuit, and the Supreme Court agreed, deciding not to allow the case to proceed to a trial.
However, the Supreme Court also stated that Governor Carney’s action was “a probable constitutional violation.” Here is the Supreme Court’s explanation:
Case law that has developed since the Challenged Restrictions were lifted supports the view that the restrictions violated Appellants’ rights. Well after the Challenged Restrictions were lifted, the United States Supreme Court issued its opinion in Roman Catholic Diocese of Brooklyn v. Cuomo, in which the Court held that a church and synagogue established that they would likely prevail in proving that occupancy limitations at public places of worship violated the Free Exercise Clause of the First Amendment. A future governor confronted with a future public-health emergency would have the benefit of that precedent, but it was not available at the time Appellee made the decisions at issue. Although singling out Houses of Worship for heightened restrictions was a probable constitutional violation under Cuomo, we affirm the Superior Court’s holding that at the time the Challenged Restrictions were adopted there was no 'clearly established law' addressing these particularized facts."
What does this mean?
While our hope is that this case will prove to be instrumental in protecting churches under future administrations, the reality is that “probable” does not hold Constitutional authority to prevent these restrictions in the future.
We have shown believers that they should not be shamed into silence. We have shown the Christian community that it is right to openly engage in broader, public debates outside our homes and houses of worship, without apology. The Governor’s COVID restrictions just happen to be part of the current public debate—of course, there will be others. Indeed, there are many fights to come. Christians need to have courage and wake up before the gas chamber doors close behind us.
We praise and thank God for the two pastors who brought this case, who recognized the clear Constitutional violation and had the courage to stand and go the distance. We are thankful for and continue to stand with all those in their congregations who prayed and supported them.
We are so grateful for The Neuberger Firm for bringing this case with great Constitutional knowledge, clarity, and delivery.