The City of Seaford was notified today, January 11, by the City Solicitor, Dan Griffith that Attorney General Kathy Jennings has filed suit against the City of Seaford.
The City of Seaford implemented the ordinance in late 2021 regarding the disposal of fetal remains in a dignified manner. The ordinance has never been about abortion.
City Solicitor Dan Griffith stated “there are at least 13 states that require fetal remains to be cremated or buried; and the US Supreme Court has upheld the constitutionality of these laws, saying that the government has a legitimate interest in the disposal of fetal remains.”
Seaford’s uses the same language as these laws cited above. The City of Seaford has always recognized it cannot enact any Ordinance which is contrary to State law and has repeatedly invited the State to participate in the process, with no success.
Seaford has done everything possible to avoid litigation. The City Council, by majority vote, tabled the Ordinance when the State requested it. In addition, the City Solicitor provided the legal basis for its authority to enact the Ordinance when the State requested it. It should also be noted, most recently, the City stayed enforcement of the Ordinance, when the House Majority Leader announced she was working with the AG on legislation which would address this.
The City desires not to litigate over an ordinance, whose enforcement has been stayed pending action by the General Assembly.
Solicitor Griffith stated “We anticipate that the lawsuit will be dismissed as moot (because the Ordinance has been stayed) so that the General Assembly can address this issue. It is disappointing that the AG is using our overcrowded court system and taxpayer money to pit governments against each other.”
