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Secular Officials Now Allowed To Solemnize Indiana Marriages

The 7th Circuit Court of Appeals rules Indiana's marriage solemnization statute discriminates against some religious or ethical groups.

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Photo: Greg Kendall-Ball (Flickr)

A Federal Appeals Court rules Indiana statute discriminates against who can solemnize marriages.

A federal appeals court Monday ruled that Indiana’s statute determining who can solemnize marriages discriminates against some religious and ethical groups.

Indiana’s marriage statute specifies who can make a marriage official – the clergy of any religious group and certain government officials like mayors and judges.

Atheist group the Center for Inquiry last year filed a lawsuit challenging the statute, claiming the state was making non-religious people unequal under the law.  A US District Court judge disagreed, ruling against CFI, saying the complaint was about inconvenience and not constitutionality.

The 7th Circuit Court of Appeals reversed that decision.  In its argument, the state said atheists could get married by having a ceremony presided over by someone licensed by CFI, and then have someone allowed to solemnize a marriage officially sign their license.

But  7th Circuit Judge Frank Easterbook says allowing atheists to have what he calls a “sham ceremony” does nothing to remedy their complaint.  The ruling also suggests the legislature amend the law to allow notaries to solemnize marriages, which CFI has said would be an acceptable solution.

The Indiana Attorney General’s office says it’s evaluating its appeal options.

Brandon Smith, IPBS

Brandon Smith, IPBS has previously worked as a reporter and anchor for KBIA Radio in Columbia, MO, and at WSPY Radio in Plano, IL as a show host, reporter, producer and anchor. Brandon graduated from the University of Missouri-Columbia with a Bachelor of Journalism in 2010, with minors in political science and history. He was born and raised in Chicago.

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