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Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules

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The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.

CFI filed a complaint in U.S. District Court, Southern District of Indiana, Indianapolis Division, seeking permanent injunctive relief to stop the clerk and the prosecutor from enforcing the Solemnization Statute, Indiana Code 31-11-6-1.

In a ruling issued Nov. 30, in Center For Inquiry, Inc., Reba Boyd Wooden, John Kiel, and Michelle Landrum v. Clerk, Marion Circuit Court, and Prosecutor, Marion County, Indiana, 1:12-CV-00623-SEB-DML, the court denied the plaintiffs’ request for permanent injunctive relief.

“Quite frankly, I think we were optimistic about how this particular case was going to turn out,” said Paul Fidalgo, spokesman for CFI. “We were surprised by the court’s ruling. We felt our case was extremely strong and explained very clearly to the court the institutional privilege of religion in the law as it stands.”

John Kiel and Michelle Landrum wanted to be married in Indianapolis by Reba Boyd Wooden, executive director of CFI-Indiana and a secular celebrant. Indiana requires marriages be solemnized and grants the authority to solemnize to religious and certain government officials. It does not recognize secular celebrants.

The plaintiffs filed a lawsuit to challenge the constitutionality of the Indiana Solemnization Statue, Indiana Code 31-11-6-1, and to secure a judicial declaration that the Solemnization Statute violates the Establishment Clause of the First Amendment of the U.S. Constitution. They contend the statute creates a preference for religion over non-religion.

The plaintiffs also sought a declaration that the Solemnization Statute does not comport with the Equal Protection Clause of the 14th Amendment to the U.S. Constitution.  

The court rejected those arguments, finding the statute does not significantly impede a couple from getting married. Also, it agreed with the defendants’ assertion that since marriage has religious roots, it is both natural and logical that when the state government regulates entry into marriage, it accommodates those deep religious traditions.

Writing for the court, Judge Sarah Evans Barker stated, “In addition, Plaintiffs’ proffered evidence and statement at oral arguments give us no pause regarding the Solemnization Statute’s validity. We therefore will not disturb the presumption that this statute is a valid, nondiscriminatory exercise of the State’s power. Defendants have supplied adequate rational justifications for the statute: accommodating various faith traditions, maintaining official record-keeping systems, and ensuring that marriage ceremonies are meaningful, inter alia.”




 

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  • the law is ok
    No bruce the whole point of the first amendment was to prohibit the establishment of a state church by the federal government by Congress. Not to prohibit anything by the states apparently from its literal text. not that this have ever stopped the courts from using it however they pleased. here the courts just let the legislature do what they are there for-- to Legislate. Democracy and all that jive!
  • Religious privilege IS unconstitutional
    Providing specific privilege to religious institutions that cannot be obtained by secular organizations or non-theistic citizens is, by definition, unconstitutional. That is the whole point of the establishment clause and the first amendment. While the authority of the constitution in this country seems to be eroding due to opportunism by our politicians and apathy by the populace, it does not change the content of the constitution nor the legal precedent.

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    1. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

    2. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

    3. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

    4. Sounds like overkill to me, too. Do the feds not have enough "real" crime to keep them busy?

    5. We live in the world that has become wider in sense of business and competition. Everything went into the Web in addition to the existing physical global challenges in business. I heard that one of the latest innovations is moving to VDR - cloud-based security-protected repositories. Of course virtual data rooms comparison is required if you want to pick up the best one.

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