ACLU-DE Settles Federal Lawsuit Challenging Religious Discrimination Against Muslim Burial Practices

Wilmington, DE — The ACLU of Delaware has settled a lawsuit in the Federal District Court of Delaware on behalf of a Muslim Imam against the Delaware Board of Funeral Services (DBFS). The lawsuit sought to allow the Imam access to download and file mandatory deathcare paperwork so that he could provide Muslim burials even though religious tenets prevented him obtaining the necessary license to do so.

The Imam applied for and was denied access to the State’s online system to file death certificates and body transfer paperwork because he is not a licensed funeral director in Delaware. To become licensed, a person must complete a minimum of 25 embalmings as part of their study. However, Islamic tenets do not allow for embalming, and funerals are typically held within a few hours of the person’s death. Because his religion prohibits it, the Imam has objected to the embalming prerequisites of getting a Delaware funeral director’s license.

For years, the Imam had to work around these regulations, paying licensed Delaware funeral directors hundreds to thousands of dollars to file the necessary paperwork on his behalf, even though it typically only costs licensed directors $25 to file a death certificate in Delaware.

The ACLU became involved because these regulations prevented Muslims, Orthodox Jews, and others who do not embalm from practicing burial and funeral rites in accordance with their religion. This led to exorbitant price-gouging and unnecessary complications around religious services that are protected by the First Amendment.

ACLU-DE filed the case with co-counsel Mark Billion of Billion Law in June 2024. The settlement will allow the Imam the right and ability to provide non-profit Islamic burial services without the requirement of obtaining a funeral director’s license or funeral establishment permit.