Update on Jewish parents not testifying

[Eugene Volokh]

    Any reason the Delaware Constitution isn't mentioned here?  Have
the Delaware courts held that the state free exercise provision has
the same scope as the federal one?  (I'm assuming this is in Delaware
state court -- if it were in federal court, then of course they
should plead RFRA.)

Joan Del Fattore writes:

>      The Grossbergs' motion to quash the subpoenas says in relevant
> part:  "Sonye and Alan aver that their First Amendment right to the free
> exercise of religion will be violated if they are compelled to provide
> testimony, in response to the subpoenas, which could be misconstrued by
> the Attorney General and thereafter could be used for the purpose of
> inculpating Amy or casting her in a negative and unfavorable light.
> Sonye and Alan believe that while they have only positive, truthful
> exculpatory information about Amy, the Attorney General will seek to
> misconstrue any information which they are forced to provide and will use
> that information in an effort to convict and execute Amy for murder in
> the first degree.  Sonye and Alan aver, further, that the Attorney
> General will attempt to use any information provided by them to secure
> Amy's conviction and the imposition upon her of capital punishment.
> Sonye and Alan aver that their First Amendment right to the free exercise
> of religion outweighs any countervailing desire of the Attorney General
> to obtain testimony from them for use in convicting Amy.  Sonye and ALan
> aver that their First Amendment right to the free exercise of religion
> takes precedence over the desire of the Attorney General to conduct
> non-specific, broad based, ex parte interviews since the information
> which Sonye and Alan possess, while of importance to the defense, is not
> necessary for the completion of the Attorney General's investigation or
> the prosecution."
>

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