In re: Boyer v. Irvin (Del. Ch. Ct. 2007): Burial Rites

The plaintiff petitioned the Court to bury his wife according to Islamic legal requirements over the objections of her family. The plaintiff claimed that he and his wife had shared the Islamic faith and had married by way of an Islamic marriage ceremony the previous year. However, they never obtained a marriage license, and there was no proof of her faith or burial wishes. The Court found in favor of the deceased’s parents, concluding that, without a marriage license, the plaintiff was not her surviving spouse before the law. Therefore, the deceased was to be buried according to her parents' wishes. The Court did not view this as a potential First Amendment Free Exercise issue.

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