PITTSBURGH – A federal court lawsuit from a non-denominational religious group contends that a Pennsylvania state law has been used by state officials to declare that it may not solemnize legal marriages in the Commonwealth.
Universal Life Church Monastery Storehouse of Seattle first filed suit in the U.S. District Court for the Western District of Pennsylvania on May 11 versus Michael McGeever, in his official capacity as Director of Court Records for Allegheny County, Pennsylvania; and Patricia Capozoli, in her official capacity as Wills and Orphans’ Court Division Manager for Allegheny County, Pennsylvania, both of Pittsburgh.
“ULC Monastery is a non-denominational religious organization that champions religious freedom, social justice, and spiritual expression of all kinds. Its ecclesiastical belief system is derived from the fundamental belief that we are all children of the same universe. To further its mission, ULC Monastery ordains those who feel called to be a minister of the Church, and many who receive ordination choose to minister by officiating weddings,” the suit says.
“Pennsylvania law authorizes ‘A minister, priest or rabbi of any regularly established church or congregation’ to solemnize marriages. Defendants are responsible for the issuance and recording of marriage licenses and certificates in Allegheny County, Pennsylvania. Defendants have used the powers of their office to proclaim that ministers of ULC Monastery may not solemnize legal marriages. The intent and impact of this practice is to discourage ULC Monastery ministers from exercising rights afforded to ministers of other churches and religions.”
The complaint contains five accounts from various ULC ministers, who all allege that they were not permitted to officiate at wedding ceremonies in Pennsylvania and that when contacting state officials in both of the defendant’s offices, were told that the state would not recognize a ceremony that they presided over.
According to the plaintiffs, these actions violate both the First and Fourteenth Amendments to the U.S. Constitution.
“Defendants’ apparent policy of discrimination unconstitutionally prefers certain religions or religious denominations over others and burdens ULC Monastery’s and its ministers’ free exercise of religion. To the extent defendants are correct that 23 Pa. Cons. Stat. Ann. Section 1503 bars ULC Monastery ministers from solemnizing marriages while granting that benefit to ministers of other religious denominations, the statute is unconstitutional,” per the suit.
For counts of violating the Establishment Clause, Free Exercise Clause and Equal Protection Clause of the U.S. Constitution, the plaintiff is seeking the following reliefs:
• A judgment declaring that defendants’ apparent policy and practice of discouraging and chilling the religious practice of ULC Monastery ministers is unconstitutional under the U.S. Constitution;
• A judgment declaring 23 Pa. Cons. Stat. Ann. Section 1503 is unconstitutional under the U.S. Constitution to the extent the statute prevents ULC Monastery ministers from solemnizing marriages while allowing ministers of other religions or denominations to do so;
• A permanent injunction prohibiting defendants from refusing to recognize the validity of marriages solemnized by ULC Monastery ministers, from deterring or preventing any ULC Monastery minister from performing a marriage, and from otherwise applying 23 Pa. Cons. Stat. Ann. Section 1503 in a manner that discriminates against ULC Monastery or its ministers;
• A judgment awarding plaintiff its costs and attorneys’ fees and such other relief as the Court deems just and proper.
The plaintiff is represented by Patrick K. Cavanaugh and Zachary N. Gordon of Del Sole Cavanaugh Stroyd, in Pittsburgh.
The defendants are represented by Frances M. Liebenguth of the Allegheny County Solicitor’s Office, also in Pittsburgh.
U.S. District Court for the Western District of Pennsylvania case 2:21-cv-00618
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com