ILNews

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

Back to TopCommentsE-mailPrintBookmark and Share

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.”




 

ADVERTISEMENT

  • 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.

    Post a comment to this story

    COMMENTS POLICY
    We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
     
    You are legally responsible for what you post and your anonymity is not guaranteed.
     
    Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
     
    No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
     
    We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
     

    Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

    Sponsored by
    ADVERTISEMENT
    Subscribe to Indiana Lawyer
    1. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

    2. Do you know who the sponsor of the last-minute amendment was?

    3. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

    4. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,

    5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

    ADVERTISEMENT