Funeral director license qualifications in Delaware are discriminatory, ACLU alleges
The American Civil Liberties Union of Delaware filed a federal lawsuit Friday alleging that the Delaware Board of Funeral Services discriminated against a Muslim imam by denying him the ability to become a licensed funeral director, thereby restricting his ability to carry out funeral rites.
The ACLU's case centers on the Board of Funeral Services' requirement that all funeral directors complete an internship, including at least 25 embalming reports. However, embalming someone before their burial goes against Muslim religious tenets, which say that the dead should be cleansed, covered with a shroud and buried as soon as possible.
Because of this rule, Imam Mahmood Ahmad has been unable to download and file death certificates and body transfer paperwork on his own. Instead, the ACLU said the imam must pay licensed funeral directors in the state to file these papers for him, often at a high upcharge.
ACLU Delaware legal director Dwayne Bensing said Ahmad has tried to resolve the issue with the state in the past and has instead faced retaliation from the state, the Department of Justice and other funeral directors.
Ahmad discussed possible legislation granting clergy an exemption to the law preventing non-licensed funeral directors from accessing the online DelVERS system, which is the only way to obtain death certificates and burial and transit permits, according to the complaint filed by the ACLU.
Days after this discussion, the ACLU alleged that a complaint was filed against Ahmad to the Division of Professional Regulations "for no reason other than to protect their commercial interests."
The Board of Funeral Directors also "caused telephone calls to be made" to ChristianaCare morgues and medical records departments with instructions to question Ahmad about his plans for the remains whenever he came, the ACLU alleged. If Ahmad did not say that he would take the bodies to an establishment supervised by a licensed funeral director, the morgues were told not to turn the remains over to him.
A Delaware Department of Justice spokesperson said before the lawsuit's filing that "it’s not accurate that any formal complaint has been lodged with or is being adjudicated by the DOJ."
A spokesperson for the Division of Professional Regulation, which oversees the Board of Funeral Services, said the division had no comment.
"It's been frustrating for me that we can't seem to get any cooperation by the state who often touts that they are protectors of people's civil liberties," Bensing said.
He added that the filing of the lawsuit Friday does not "close the door" on future negotiations and said the ACLU would be happy to work with the Department of Justice on the issue rather than going to litigation.
Send story tips or ideas to Hannah Edelman at hedelman@delawareonline.com. For more reporting, follow them on X at @h_edelman.
This article originally appeared on Delaware News Journal: DE licensure rules discriminated against Muslim imam, ACLU alleges
