Billion Law is pleased to announce the successful resolution of a federal civil rights lawsuit filed on behalf of a Muslim Imam against the Delaware Board of Funeral Services (DBFS). The case, litigated in the United States District Court for the District of Delaware, addressed significant constitutional questions surrounding religious freedom and state licensing requirements in the deathcare industry.

Background

Islamic tradition prohibits embalming and generally requires that burial occur within hours of death. Delaware law, however, required individuals filing death certificates and body transfer paperwork to hold a state-issued funeral director's license — a credential that mandates completion of a minimum of 25 embalmings as part of the licensing process. Because his religious beliefs prohibited participation in the embalming requirement, the Imam was unable to obtain the necessary license and was consequently denied access to the State's online system for filing mandatory deathcare paperwork.

For years, the Imam was compelled to engage licensed funeral directors to file paperwork on his behalf, at a cost of hundreds to thousands of dollars per filing — a significant markup over the standard $25 filing fee available to licensed directors. This financial burden fell disproportionately on Muslim families, Orthodox Jewish communities, and others whose religious traditions do not include embalming, effectively penalizing them for exercising constitutionally protected religious practices.

Billion Law's Role

In June 2024, Mark Billion of Billion Law joined co-counsel from the ACLU of Delaware in filing suit, asserting that the licensing requirements, as applied to religious burial practitioners, constituted an unconstitutional burden on First Amendment rights.

Resolution

The matter has been resolved through a favorable settlement. As a result, the Imam is now permitted to provide non-profit Islamic burial services — including the filing of all required deathcare paperwork — without obtaining a funeral director's license or funeral establishment permit. This settlement represents a meaningful protection for religious communities throughout Delaware.

Billion Law remains committed to advocating for clients whose constitutional rights are at stake. If you believe your rights have been violated, we encourage you to contact our office to discuss your matter.

‍