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rug

(82,333 posts)
Mon Dec 3, 2012, 03:38 PM Dec 2012

Judge Rules Atheist Group Cannot Perform Marriages

A federal judge ruled the Center for Inquiry, an atheist group, does not have the right to perform marriages.

By Brandon Smith, IPBS
Posted December 3, 2012

The Center for Inquiry argued nonreligious groups should be able to perform wedding ceremonies based on the First Amendment.

A U.S. District judge has ruled against atheist organization the Center for Inquiry in its bid to strike down Indiana’s marriage statute as unconstitutional.

Marriage in Indiana is a two-step process: receiving a marriage license and making the marriage official. The state’s marriage statute specifies who can perform that second step, which includes the clergy of any religious group and certain government officials like mayors and judges. By disallowing celebrants from the Center for Inquiry to solemnize, the CFI claimed the state was favoring religion and making non-religious people unequal under the law.

Judge Sarah Evans Barker disagrees, saying the CFI’s complaint was about an inconvenience, not unconstitutionality. Barker says granting clergy the right to perform marriages is the kind of accommodation of religion the First Amendment protects, not a denial of rights to the nonreligious. She also rejected the claim that CFI and its non-religious members are a “suspect class” with a history of unequal treatment.

http://indianapublicmedia.org/news/judge-rules-atheist-group-perform-marriages-41079/

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Judge Rules Atheist Group Cannot Perform Marriages (Original Post) rug Dec 2012 OP
In California, anyone can get an on-line certificate that permits them to do this. cbayer Dec 2012 #1
It appears he ruled the CFI, specifically, and atheists, as a class, do not have standing. rug Dec 2012 #3
This is a sticky wicket on which I am ambivalent. cbayer Dec 2012 #4
I am with you, at least partially. longship Dec 2012 #6
Agree, but it is probably out of the judge's hands. cbayer Dec 2012 #7
Oh, my dear cbayer, you're in trouble now. longship Dec 2012 #8
LOL, this is a fascinating dilemma and I am not surprised that we find ourselves on the cbayer Dec 2012 #10
I had thought that concerning First Amendment rights, atheism was to be treated as a religion as humblebum Dec 2012 #22
The judge made an interesting observation about this. rug Dec 2012 #24
WAY good point. Lionessa Dec 2012 #2
But isn't that because it can be either a purely legal event or a mixed legal/religious event? cbayer Dec 2012 #5
The law is a clear violation of the establishment clause. Warren Stupidity Dec 2012 #27
Apparently it is not that clear a violation. cbayer Dec 2012 #33
Clearly unconstitutional. Let me guess - that judge is a Bush appointee? backscatter712 Dec 2012 #9
No, Reagan. rug Dec 2012 #11
The Center for Inquiry is not silent on marriage. backscatter712 Dec 2012 #12
Whether it does or not, it has no nexus with marriage. rug Dec 2012 #13
Why in the world does it matter that they can't issue fishing licenses? skepticscott Dec 2012 #15
CFI has as much of a claim to officiate at marriages asit does to issue fishing licenses. rug Dec 2012 #17
It has much more, actually skepticscott Dec 2012 #19
Sure, a compelling state interest in protecting property and custody rights. rug Dec 2012 #23
Nice try, ruggie...but fail skepticscott Dec 2012 #25
Sure. rug Dec 2012 #32
More fail skepticscott Dec 2012 #35
More ignorance. rug Dec 2012 #36
Churches can't issue fishing licenses. Goblinmonger Dec 2012 #16
Churches have officiated at marriages both before and after the Constitution. rug Dec 2012 #18
I attended a secular humanist wedding forty years ago. Warren Stupidity Dec 2012 #28
Which is precisely why CFI has no standing. rug Dec 2012 #30
You are right, they are not silent on marriage in regards to having a secular celebrant. cbayer Dec 2012 #14
Maybe only the government should issue marriage licenses. backscatter712 Dec 2012 #20
I think that's the case here with the difference being that those ok'ed by a state to cbayer Dec 2012 #21
And you do not understand that the 1st amendment bars the state Warren Stupidity Dec 2012 #29
And it does not necessarily do so. cbayer Dec 2012 #34
Center for Inquiry will appeal. Good. Auggie Dec 2012 #26
That they can do. rug Dec 2012 #31

cbayer

(146,218 posts)
1. In California, anyone can get an on-line certificate that permits them to do this.
Mon Dec 3, 2012, 03:41 PM
Dec 2012

I guess the judge is merely ruling on the state law, but who really cares who performs the ceremony?

 

rug

(82,333 posts)
3. It appears he ruled the CFI, specifically, and atheists, as a class, do not have standing.
Mon Dec 3, 2012, 03:44 PM
Dec 2012

Nor do members of any religion have standing. Recognized clergy of a recognized religion do. And as we all know, atheism is not a religion.

cbayer

(146,218 posts)
4. This is a sticky wicket on which I am ambivalent.
Mon Dec 3, 2012, 03:54 PM
Dec 2012

On the one hand, I think organized atheist groups should be given the same standing as organized religious groups. But the insistence by some groups that they are not anything like religious groups makes that very difficult to implement.

I guess the judge is basically ruling that they can't have it both ways.

And that seems very rational.

longship

(40,416 posts)
6. I am with you, at least partially.
Mon Dec 3, 2012, 04:21 PM
Dec 2012

It is indeed a sticky wicket and, for that reason alone, I understand the judge's reticence to rule on this.

However, the government giving a power to any group based merely on the fact that they are religious, goes too far for my constitutional sensibilities. There should be an accommodation here, made in a reasonable way. The basis might not be on the establishment clause, but I cannot think that CFI would have standing on an equal rights challenge, so establishment clause is it.

Of course, the court could just say, go to a judge, or JP, or other secular official to get married, which is already provided for in the law. Cased dismissed.

Indeed, sticky wicket.

cbayer

(146,218 posts)
7. Agree, but it is probably out of the judge's hands.
Mon Dec 3, 2012, 04:34 PM
Dec 2012

The legislature is going to need to address this or the current law may need to be found unconstitutional, right?

I can see that if a couple want to be married by an atheist, they may have an issue. None of the designated government officials may be atheists.

Then again, wanted to be married by an atheist teeters on religiosity, doesn't it.

longship

(40,416 posts)
8. Oh, my dear cbayer, you're in trouble now.
Mon Dec 3, 2012, 05:55 PM
Dec 2012


Your first point:
The legislature is going to need to address this or the current law may need to be found unconstitutional, right?


I think most people would agree that that is precisely what "Congress shall make no law..." means. But that doesn't necessarily mean that CFI has no standing, IMHO. (IANAL!) So, I am totally with you on this since the law apparently does provide for non-religious marriages (judges, etc.). So we are thinking the same way here. If CFI wants to be recognized, it's not a constitutional issue, but a legislative one. Good luck with that, CFI, in Indiana.

Your second point, about wanting to be married by an atheist is (IMHO) tantamount to raising atheism to a religion, but not because the juxtaposition of such a thing with the so-called religious institution of marriage -- although one could argue that, too -- but because the secular state of marriage in this country is a legal one, thoroughly entangled with family obligations (no matter how one interprets family), divorce, and a family's obligation to children in its care. These are strictly practical legal issues and have no religious argument in law. (Strictly speaking)

So, if an atheist wants to be married by an atheist, that comes as close as I can imagine to any claim that atheism is a religion, in this context. And context here is everything. As an atheist, who would care whether the person officiating is an atheist or not? The issue for an atheist should be that it be a secular ceremony, not that the actual beliefs of the official.

You're in trouble here because I see you posting arguments which could have come out of my own pen.

You'd better watch out, or you'll be labelled as one of those evil, militant, pushy atheists.


As always.


cbayer

(146,218 posts)
10. LOL, this is a fascinating dilemma and I am not surprised that we find ourselves on the
Mon Dec 3, 2012, 06:15 PM
Dec 2012

same page.

The issue is that where one finds oneself is not necessarily on just one side of the line. While there are many that identify strongly as theist or atheist, there are many who really identify as neither (or both in some strange way).

It's similar to sexuality, imo. There are those who absolutely identify as gay or straight, and those that fall everywhere else on the spectrum in between.

To insist that one must either believe or not believe does not make sense to me. That's why I continue to argue for the agnostic label and against it only being used as a modifier. Again, similar to GLBT discussion, Q is often used for "questioning", indicating that there is a lack of assuredness.

Would that not explain the difficulty with the atheism as religion question? And it is no surprise that this would be particularly problematic when it comes to marriage. While the civil rights and obligations of marriage are strictly legal, I have rarely met a couple who are marrying exclusively for those reasons. Whatever one wants to call it, it generally transcends just being a legal arrangement.

As to being called an evil, militant, pushy atheist, I've been called much worse.

But not by you.

 

humblebum

(5,881 posts)
22. I had thought that concerning First Amendment rights, atheism was to be treated as a religion as
Tue Dec 4, 2012, 12:13 AM
Dec 2012

per an Appeals Court. Perhaps they consider the secular nature of administering marriages by certain public officials as fulfilling such requirement. However, I think we must admit that it is not quite the same.

 

rug

(82,333 posts)
24. The judge made an interesting observation about this.
Tue Dec 4, 2012, 02:10 AM
Dec 2012
Barker says CFI is taking two contradictory positions: arguing that the law spelling out who can solemnize a marriage is an unconstitutional endorsement of religion, while demanding to be included in that endorsement. She notes CFI has gone to great pains to emphasize it is not a religion.

"We will not declare that CFI is a religion [only] when it suits the group to be classified as one," Barker writes.

The judge notes the secular humanist group The Humanist Society is chartered as a religious organization in Indiana and has the power to solemnize marriages. CFI executive director Reba Wooden, one of the plaintiffs in the lawsuit, held a Humanist Society certificate for six years. She estimates she performed about 50 wedding ceremonies before going to work for CFI and surrendering her license because of CFI's insistence on avoiding any religious connotation.


http://www.wibc.com/news/story.aspx?ID=1832132

If I can get a link to the complete decision that does not require PACER, I'll post it.


 

Lionessa

(3,894 posts)
2. WAY good point.
Mon Dec 3, 2012, 03:43 PM
Dec 2012

Most states either require a gov't official or church official, which clearly gives preference to religion.

cbayer

(146,218 posts)
5. But isn't that because it can be either a purely legal event or a mixed legal/religious event?
Mon Dec 3, 2012, 03:58 PM
Dec 2012

While I don't care who performs these ceremonies, I can see how those laws came to be.

What has happened, I think, is that there is now a lot of cross over. A friend, with an internet certificate that is basically meaningless, recently performed a wedding for his best friend. It had many of the trappings of a religious event, as one member of the couple was Jewish and the other an atheist, but no religious officiant.

It used to be clergy or justice of the peace, but that just doesn't fit anymore.

 

Warren Stupidity

(48,181 posts)
27. The law is a clear violation of the establishment clause.
Tue Dec 4, 2012, 08:19 AM
Dec 2012

Understanding "how it came to be" , is irrelevant.

backscatter712

(26,355 posts)
9. Clearly unconstitutional. Let me guess - that judge is a Bush appointee?
Mon Dec 3, 2012, 06:14 PM
Dec 2012

That judge needs to reread the First and Fourteenth Amendments.

If religious organizations and their representative (aka clergy) are granted the ability to officiate weddings, then a secular organization should also be able to do so.

Giving a privilege to a religious group while withholding it from a non-religious group is a form of government endorsement of religion, which is a clear First Amendment no-no.

 

rug

(82,333 posts)
11. No, Reagan.
Mon Dec 3, 2012, 06:36 PM
Dec 2012

It's not unconstitutional.

One, atheism is silent on marriage.

Two, secular organizations do perform weddings. In this case the secular organization is the State of Indiana.

backscatter712

(26,355 posts)
12. The Center for Inquiry is not silent on marriage.
Mon Dec 3, 2012, 06:40 PM
Dec 2012

Why do religious organizations get this kind of privilege in society? The constitution says the government can't do that. Saying churches can marry people, but an atheist organization can't is an endorsement of religion.

 

rug

(82,333 posts)
13. Whether it does or not, it has no nexus with marriage.
Mon Dec 3, 2012, 06:46 PM
Dec 2012

It can't issue fishing licenses either.

Are you saying atheists are organized?

 

skepticscott

(13,029 posts)
15. Why in the world does it matter that they can't issue fishing licenses?
Mon Dec 3, 2012, 07:11 PM
Dec 2012

They not asking to issue marriage licenses, so your point is a dead fail. They're asking to officiate at weddings for which a license has already been issued by the government, and have those marriages be legal.

 

skepticscott

(13,029 posts)
19. It has much more, actually
Mon Dec 3, 2012, 09:36 PM
Dec 2012

Do you have a single (rational) reason why two people who have a legal right and license to get married shouldn't be able to have anyone they choose to officiate at the wedding?

 

rug

(82,333 posts)
23. Sure, a compelling state interest in protecting property and custody rights.
Tue Dec 4, 2012, 02:00 AM
Dec 2012

Among several hundred others. Are you coming out as a libertarian?

 

skepticscott

(13,029 posts)
25. Nice try, ruggie...but fail
Tue Dec 4, 2012, 07:25 AM
Dec 2012

That's the justification for the government having the right to decide who can be issued a license allowing them to legally marry. Once that's issued, how is what you mentioned connected in any way with who actually conducts the ceremony and signs the marriage certificate?

Do you have a single rational reason why two people who have a legal right and license to get married shouldn't be able to have anyone they choose to officiate at the wedding? Or hey, if it's more your style, give us an irrational reason.

 

rug

(82,333 posts)
32. Sure.
Tue Dec 4, 2012, 11:31 AM
Dec 2012
Do you have a single (rational) reason why two people who have a legal right and license to get married shouldn't be able to have anyone they choose to officiate at the wedding?


For the same reason states require notaries to witness signatures. The state also has requirements to qualify as a notary. You wouldn't want somebody producing out of their ass a marriage certificate signed by an Uncle scottie and demanding a share of the inheritance, now would you? Fortunately there are ample secular marriage officiants who qualify. CFI sn't one of them.
 

skepticscott

(13,029 posts)
35. More fail
Tue Dec 4, 2012, 07:10 PM
Dec 2012

This is about who conducts the ceremony, not who is a witness to it. Witnesses aren't even necessary to make a marriage legitimate in every state, including mine, and even when they are, the officiant isn't one of them.

Try again. Be even more irrational if you like. I promise, you won't disappoint me.

 

rug

(82,333 posts)
36. More ignorance.
Tue Dec 4, 2012, 08:34 PM
Dec 2012

An officiant is the official witness. In state, as well as religious, law, the couple marries themselves. It's called a certificate of marriage because the officiant (Need I say it again for your benefit? Guess I do.) certifies the couple married within the laws of the state.

I can see why your transparency page is showing.

 

Goblinmonger

(22,340 posts)
16. Churches can't issue fishing licenses.
Mon Dec 3, 2012, 07:35 PM
Dec 2012

Only the government can. So there is no favoritism by the government of one group over another.

Analogy fail on this point.

 

rug

(82,333 posts)
18. Churches have officiated at marriages both before and after the Constitution.
Mon Dec 3, 2012, 08:06 PM
Dec 2012

CFI, or any predecessor, did not. It has, and never had, a connection with marriage.

Speaking of fail, that's the result of their claim.

 

Warren Stupidity

(48,181 posts)
28. I attended a secular humanist wedding forty years ago.
Tue Dec 4, 2012, 08:24 AM
Dec 2012

Secular wedding ceremonies have a long history. But that is, as is your argument, irrelevant. The establishment clause specifically applies here.

 

rug

(82,333 posts)
30. Which is precisely why CFI has no standing.
Tue Dec 4, 2012, 11:18 AM
Dec 2012

Acknowledged humanist groups have bee recognized as official officiants as well as religious clergy. This particular lawsuit doesn't invole the Estblishment Clause at all. Which is why it was summarily dismissed.

cbayer

(146,218 posts)
14. You are right, they are not silent on marriage in regards to having a secular celebrant.
Mon Dec 3, 2012, 06:52 PM
Dec 2012
http://www.centerforinquiry.net/education/secular_celebrants/

I see no reason not to allow the or other secular organizations the right to do this. However, the description and qualifications do take on a tone that reminds me of religious organizations, particularly those that are progressive/liberal and not tightly tied to a specific dogma.

I guess a question I would have is should anyone be able to perform marriages? Should one have to be tied to an organization of some sort? CFI appears to want this so that it's particular *celebrants* will be recognized, but they are not making the case for anyone else to be included as far as I can tell.

So you have to join their organization, take their test, pass their interviews, have references from local CFI groups and pay additional fees to get that.

Something about that seems wrong.

backscatter712

(26,355 posts)
20. Maybe only the government should issue marriage licenses.
Mon Dec 3, 2012, 10:07 PM
Dec 2012

Not private organizations, and not religious organizations.

So the situation would be like it is in Europe. When a couple gets married, the local government does the actual marriage, issues the license and makes it official. All the church does is the ceremony.

cbayer

(146,218 posts)
21. I think that's the case here with the difference being that those ok'ed by a state to
Mon Dec 3, 2012, 10:36 PM
Dec 2012

perform marriages can sign the certificates. They don't issue the, the state does, if I understand it correctly.

Not sure how it could be different.

 

Warren Stupidity

(48,181 posts)
29. And you do not understand that the 1st amendment bars the state
Tue Dec 4, 2012, 08:26 AM
Dec 2012

From discriminating on the basis off religion which groups can or cannot officiate?

cbayer

(146,218 posts)
34. And it does not necessarily do so.
Tue Dec 4, 2012, 12:20 PM
Dec 2012

All religions are afforded the opportunity to perform the ceremony and there are non-religious alternatives. That provides for both freedom of religion and freedom from religion.

The argument you are making comes dangerously close to labeling atheism as a religion.

Is that where you want to go?

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