Online ordination company wins settlement against Tennessee.
After four years of litigation, a company that ordains ministers online to perform marriages and other ceremonies reached a settlement with the State of Tennessee this week in a lawsuit they filed against the state in 2019.
The Universal Life Church Monastery Storehouse (ULCM), a Washington-based organization that ordains ministers online, sued the state in 2019 after a law went into effect that aimed to prohibit ministers ordained online from solemnizing legal marriages in the state.
ULCM and three Tennesseans ordained by the church initiated legal proceedings to halt the enforcement of this law, contending the legislation infringed upon their constitutional rights by showing favoritism to specific religious entities over others.
Tennessee Assistant Solicitor General Jonathan Shaub had defended the law, asserting that it was essential to “ensure the integrity of marriage and prevent fraud.” However, U.S. District Judge Waverly Crenshaw was skeptical.
What Led to the Suit
In June of 2019, two plaintiffs filed a lawsuit challenging the constitutionality of a Tennessee statute that prohibited those who received online ordinations from officiating weddings in the state.
The law listed the people who could solemnize a marriage in the state to include a “minister, preacher, pastor, priest, rabbi or other spiritual leader” ordained in conformity with the customs of that church or religious group. The law in 2019 specifically stated that “Persons receiving online ordinations may not solemnize the rite of matrimony.”
However, the Universal Life Church acted swiftly, securing an injunction that paused the law from going into effect while litigation proceeded.
In their suit, they contended they could be prosecuted under the law if they made a false statement attesting they were ordained in a manner the law specified. Defendants attempted to dismiss the suit, claiming they did not have standing because “there is no credible threat of prosecution.”
In a 2019 hearing, Judge Crenshaw critically questioned Shaub on the state’s rationale behind regulating how religious groups handle ordinations and how banning online ordinations would benefit the state.
Gabriel Biser, one of the minister plaintiffs who had been ordained online by the ULCM, mentioned that he had solemnized several weddings since his first in 2015, mainly for friends or acquaintances who found traditional venues challenging, according to an Associated Press article from that time. He listed his reasons for ordination as purely to help others. “I do it to bring people together,” Biser said, according to the AP.
Erin Patterson, another plaintiff, shared a similar sentiment. After being ordained online, she officiated a friend’s wedding.
“She wanted it personalized for her, and she wanted someone she trusted,” Patterson stated at the time. “I’m a teacher, and this is just another aspect of service. I’m doing something joyous for people.”
The law was updated in 2021 to remove the language regarding online ordinations from the state statute.
Surprising End to Years-Long Battle
In Court documents from the U.S. District Court for the Middle District of Tennessee reviewed by the Epoch Times, as the bench trial was set to begin, the parties announced to the court they had reached an agreement to avoid trial.
During the first day of the bench trial, parties announced their agreement on all issues in the case and directed the suit to be closed and all pending motions stricken as moot.
In the stipulations, state defendants, as well as local county clerks, were dismissed as part of the case, with the stipulations agreed to, noting that the individuals were acting on behalf of the state instead of in their individual capacity.
“Defendants also stipulate and represent that it has always been their position that they are not involved with the issue of whether any marriage is valid and Defendants will not challenge the validity of marriages officiated or solemnized by ULCM ministers,” court documents state. “Defendants acknowledge that Plaintiffs ULCM and its ministers, including Gabriel Biser and Erin Patterson, intend to solemnize weddings in Defendants’ respective counties in reliance on these stipulations.”
State Argues Law Had No Teeth
In court documents, the state argued that it was their position and “always” has been that “that there is no criminal prosecution mechanism in [the law] and thus Plaintiffs cannot be prosecuted under that statute.”
Court documents further state that, “In addition, Defendants stipulate and represent that it has always been their position that notwithstanding [the law], by simply making the attestation required by [the law], Plaintiffs are not making a false statement and thus there is no prosecutable offense under [the law].”
ULCM Said Outcome Is Unexpected
A few weeks ago, the ULCM sent an email to its ministers ordained online in Tennessee with an update on the lawsuit.
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