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Suit claims marriage statute unconstitutional

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A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.

The ACLU of Indiana filed the lawsuit Wednesday on behalf of The Center for Inquiry; its executive director of the Indiana branch, Reba Boyd Wooden; and two members of the Indiana branch who want to marry in Indiana. The Center for Inquiry – Indiana wants to be able to have its secular celebrants perform weddings but claims no members of the organization are allowed to solemnize marriages under Indiana Code 31-11-6-1.

John Kiel and Michelle Landrum, who recently moved to Kentucky, belong to the Center for Inquiry – Indiana and want to have their wedding conducted by a secular celebrant from the Center for Inquiry. They plan on marrying in Marion County, and they claim that Wooden, whom they want to perform the ceremony, can’t legally solemnize the marriage.

The statute lists what groups can solemnize marriages, including judges, mayors, clerks and a member of specified religious organizations.

According to the suit, someone who attempts to solemnize a marriage who is not authorized to do so commits a Class B misdemeanor.

The suit seeks to allow Boyd to perform the ceremony and prevent the Marion County prosecutor from prosecuting any Center for Inquiry secular celebrant who solemnizes an Indiana marriage.

“This case is more than just an issue of fairness," said ACLU of Indiana Interim Executive Director Frank Young. "It's about respecting the rights of all who value marriage in Indiana. All who wish to have their marriage commitments solemnized should be able to do so in accordance with their beliefs, whether those beliefs are religious or not."

Indiana Attorney General Greg Zoeller will defend the Marion County prosecutor and Marion Circuit Court clerk since a state statute is being challenged and the prosecutor’s office is involved in the civil suit.

“My office will defend the authority of the people’s elected representatives in the Legislature to determine who may solemnize legal marriages in this state. This statute was first enacted in 1997 and amended in 1999, and this constitutional challenge is a test of the authority of the state. My office will seek to defend this statute from the legal challenge as we have defended the Voter ID law, the Choice Scholarships law and other statutes that have been challenged by private plaintiffs,” Zoeller said.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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