Our Statement on the AG Lawsuit Against the Seaford Fetal Remains Ordinance

On January 11, 2022, the Attorney General’s office filed a complaint against Seaford’s fetal remains ordinance. The complaint argues that Seaford’s ordinance is invalid, because State law already covers this issue and leaves no room for municipal policymaking under Delaware’s Home Rule Act.

Through this complaint, Attorney General Jennings is seeking a declaration that the ordinance is invalid, and seeking a permanent injunction to prohibit the ordinance from going into effect.

Read the AG's full press release on the filing here: https://news.delaware.gov/2022/01/11/ag-jennings-announces-lawsuit-against-seaford/

The ACLU of Delaware and Delaware NOW (National Organization for Women) have released a joint statement on the filing, available below.

“The ACLU of Delaware and Delaware NOW (National Organization for Women) applaud Attorney General Kathy Jennings’ legal action against Seaford to permanently block the city’s illegal fetal remains ordinance.

Unobstructed access to abortion care is vital for Delawareans — especially for our neighbors living in rural parts of the state. At a time when the fate of Roe v. Wade is uncertain nationally, our state laws make it clear: abortion is a guaranteed right in Delaware.

Our coalition stands ready to take action if this ordinance is enforced, or if any other city in Delaware tries to pass a law that would restrict access to abortion. Reproductive services, including abortion, are vital forms of healthcare. And we won’t back down in making sure access to reproductive healthcare is available to all.”

Mike Brickner, executive director, ACLU-DE
Melissa Froemming, president, Delaware NOW (National Organization for Women)