Universal Life Church Prevails In Pennsylvania Settlement Over Conducting Marriages

In Universal Life Church Monastery Storehouse v. McGeever, (WD PA, June 6, 2022), a Pennsylvania federal district court issued an Order based on a agreed settlement by the parties. The Order bars Allegheny County court personnel from telling members of the public that Universal Life Church ministers cannot solemnize marriages in Pennsylvania. the Order reads in part:

[A] government policy or practice that applies 23 Pa. Cons. Stat. Ann. § 1503 in a manner that denies, discourages, or otherwise chills the religious practice of the Universal Life Church and its ministers by proclaiming that Universal Life Church ministers have no legal authority to solemnize marriages under 23 Pa. Cons. Stat. Ann. §1503(a)(6) would violate the First and Fourteenth Amendments to the United States Constitution by (a) preferring certain religions over others in violation of the Establishment Clause, (b) burdening the Universal Life Church’s and its members’ religious practices in violation of the Free Exercise Clause, and (c) discriminating against the Universal Life Church and its members in violation of the Equal Protection Clause, to the extent the policy or practice treats Universal Life Church ministers less favorably than those similarly situated.

GoSkagit reports on the court order.

6th Circuit: Suit Over Marriages By Clergy Ordained Online Can Move Ahead In Part

In Universal Life Church Monastery Storehouse v. Nabors, (6th Cir., May 27, 2022), the U.S. 6th Circuit Court of Appeals allowed claims against a portion of the original defendants to move ahead in the Universal Life Church's challenge to a Tennessee law that prohibits persons receiving online ordination from solemnizing marriages.  Various defendants asserted standing and sovereign immunity defenses. Summarizing its holding, the court said in part:

No plaintiff has standing to seek relief against Governor Lee, Attorney General Slatery, District Attorney General Helper, or County Clerks Crowell, Anderson, and Knowles.... As a result, those portions of the district court’s preliminary injunction that purport to bind [them] ... are VACATED. By contrast, however, we AFFIRM the district court’s determination that plaintiffs have standing to sue District Attorneys General Dunaway, Pinkston, and Jones, along with County Clerk Nabors. We also AFFIRM the district court’s denial of these officials’ sovereign immunity at the motion-to-dismiss stage, and so we do not disturb those portions of the preliminary injunction binding [them].... Last, we REMAND what remains of this suit to the district court for further proceedings consistent with this opinion.

Settlement Assures Universal Life Ministers Can Perform Weddings In Nevada

Clark County, Nevada's district attorney announced last week that the county has settled ongoing litigation with the Universal Life Church, assuring that ULC ministers will be able to officiate at weddings in the county.  A statement from Universal Life Church Ministries also welcomes the settlement and indicates that it includes payment for a portion of ULCM's legal expenses. [Thanks to Dusty Hoesly for the lead.]

Universal Life Church Can Move Ahead With Suit On Marriage Solemnization Right

In Universal Life Church Monastery Storehouse v. McGeever, (WD PA, Jan. 25, 2022), a Pennsylvania federal district court refused to dismiss a suit against Allegheny County, Pennsylvania court officials who refuse to allow Universal Life Church ministers to solemnize marriages. the court said in part:

[A[ live case or controversy exists. Universal has alleged that its ministers are being singled out as “illegitimate” and unworthy of solemnizing marriages in the Commonwealth. According to Universal, this “singling out” has chilled the exercise of its ministers’ First Amendment rights. This harm is ongoing and exists whether Defendants’ offices, in fact, refuse to issue licenses for marriages performed by Universal’s ministers.

6th Circuit Hears Arguments In Challenge To Ban On Marriage Ceremonies By Clergy Ordained Online

The U.S. 6th Circuit Court of Appeals heard oral arguments on Thursday in Universal Life Church Monastery v. Nabors. (Audio of full oral arguments). In the case, a Tennessee federal district court held that the Universal Life Church and two of its ministers have standing to challenge Tennessee's ban on solemnization of marriages by clergy who received online ordination. It also held that the state Attorney General, District Attorney Generals and County Clerks cannot claim sovereign immunity and are proper defendants. (See prior posting.)  Courthouse News Service reports on the arguments. [Thanks to Scott Mange for the lead.]

Universal Life Church Can Move Ahead With Suit Over Nevada Marriage Solemnization Law

In Universal Life Church Monastery v. Clark County Nevada, (D NV, Sept. 19, 2021), a Nevada federal district court allowed the Universal Life Church (ULC) which ordains ministers online to move ahead with its equal protection challenge to the refusal of the county to allow its ministers to solemnize marriages. A law—which was in effect only during 2016-2017—required a religious organization to be incorporated, organized or established in the state in order for it to be able to certify its ministers to perform weddings. The court rejected the Church’s free exercise claims, saying in part:

[A]n entity, organization, or person has no First Amendment free exercise right to perform civil marriages….. The Court thus finds that Plaintiff ULC does not have standing to bring a First Amendment Free Exercise claim.

Similarly it rejected ULC’s free exercise claim under the state constitution, and its due process claim, saying in part:

The plain language of ... [the Nevada Constitution] is directed to the “religious profession and worship” and makes no mention of the civil law process of solemnizing marriages. Because this language does not explicitly or implicitly create a claim, there is no standing for a religious organization to bring a free exercise claim for not being included in a civil legal process.

The court also rejected ULC’s procedural due process argument. However it refused to dismiss ULC’s equal protection claim, saying in part:

ULC presented evidence that another similarly situated non-traditional church ... was able to satisfy requirements solely because its listing on the Nevada Secretary of State website contained a checkbox showing it was registered as a religious organization. Therefore, Plaintiff asserts that Defendants implemented its approval process in a discriminatory manner.... [W]hether ULC provided the requested documents ... is a genuine dispute of material fact. The Court therefore denies summary judgment as to both parties.

Universal Life Church Can Move Ahead In Challenge To Tennessee Ban On Marriages By Those Ordained Online

 In Universal Life Church Monastery Storehouse v. Nabors, (MD TN, Dec. 22. 2020), a Tennessee federal district court held that the Universal Life Church and two of its ministers have standing to challenge Tennessee's ban on solemnization of marriages by clergy who received online ordination. It also held that the state Attorney General, District Attorney Generals and County Clerks (but not the Governor) are proper defendants.

Suit Challenges North Carolina County's Refusal To Recognize Marriages Performed By Universal Life Clergy

Suit was filed this week in a North Carolina federal district court challenging the refusal by the Cleveland County, North Carolina marriage official to issue marriage licenses to couples whose weddings were performed by Universal Life Church (ULC) ministers. ULC ordains anyone "who feels the call" as a minister. Ordination takes place online for free and credentials are sent to applicants by mail. North Carolina Gen. Stat. §51-1 allows "an ordained minister of any religious denomination to officiate at weddings.  The complaint (full text) in Universal Life Church Monastery Storehouse v. Harnage, (WD NC, filed 8/26/2019), alleges violation of the Establishment, Equal Protection and Free exercise clauses, as well as of Art. VI and of the North Carolina constitution, saying in part:

Defendant’s apparent policy of refusing to recognize the validity of marriages performed by ULC Monastery ministers officially prefers certain religions or religious denominations over ULC Monastery by allowing other religious leaders to solemnize marriages but declining to extend that same benefit to ULC Monastery ministers.

Charlotte Observer reports on the lawsuit.

Universal Life Church Sues Over Tennessee Ban On Solemnization of Marriages By Those Ordained Online

In a press release, Universal Life Church Ministries announced that it filed suit in a Tennessee federal district court on June 21 challenging the constitutionality of an amendment to the Tennessee Code scheduled to go into effect on July 1. The new law (full text) prohibits individuals who have received online ordinations from solemnizing marriages in the state. The Universal Life Church Ministries  has ordained more than 20 million individuals worldwide during the past 40 years through its online ordination. The lawsuit, brought on behalf of three ministers in Tennessee, alleges violations of the 1st and 14th Amendments and Art. I Sec. 3 of the Tennessee Constitution.  In its press release, ULMC says in part:

In the year 1454, Johannes Gutenberg – after years of painstaking work and near financial ruin – changed the world forever when he utilized his brilliant new printing press to successfully print the Bible. This Earth-shattering technological innovation arguably marked one of the first steps in a long chain of events that would bring about the Protestant movement, and for the first time in centuries return the power of religion to common women and men. People were finally free to pray, read, learn, commune, and question in a manner of their choosing – and the world is better off for it.

Much like Johannes Gutenberg, the Universal Life Church Ministries argues that it has always embraced the remarkable power of technology to bring people together in a global spiritual community and to push the conversation forward in pursuit of ever-higher levels of enlightenment.