PITTSBURGH – A Seattle-based, non-denominational church stands by its case that Allegheny County officials are allegedly misusing a Pennsylvania law to avoid solemnizing 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 said.
“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 contained 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 violated 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.
The defendants filed a motion to dismiss the case in its entirety with prejudice on July 7, arguing that there is no actual controversy between the parties and the plaintiff did not plead a Monell claim necessary to establish liability under Section 1983.
“Here, ULC Monastery only pleads what can be described as speculative injuries on behalf of five of its reverends. All five of the reverends decided on their own not to officiate certain ceremonies based on a conjectural concern that the marriage would be deemed invalid. There are no facts in the complaint alleging that a marriage ceremony performed by a ULC Monastery officiant has been deemed invalid by Allegheny County defendants,” the dismissal motion stated.
“There are no facts in the complaint asserting that Allegheny County defendants refused to issue a marriage license to any couple seeking to be married by a ULC Monastery officiant. There are no facts in the complaint asserting that Allegheny County defendants refused to record marriage certificates signed by a ULC Monastery officiant. Thus, such a claim is not ripe for adjudication.”
Additionally, the defendants say the plaintiff did not show a Monell violation and did not identify a policy by which Allegheny County committed said violation.
UPDATE
The plaintiff filed a brief in opposition to the motion to dismiss on Aug. 2, rejecting the defendant’s rationales.
“First, a live case or controversy exists. Defendants claim the Church is ‘seeking is an improper advisory opinion based on a hypothetical set of facts.’ There is nothing ‘hypothetical’ about five separate violations of the law demonstrating unequal treatment of Church ministers. Tellingly, defendants have not repudiated their office’s treatment of ULC Monastery ministers or suggested the practice has ended or will end. Further, because defendants implement the law, which is unconstitutional as applied to bar Church ministers from solemnizing marriages, they are proper defendants in a suit for injunctive relief,” the response stated.
“Second, the Church has stated a claim under 42 U.S.C. Section 1983. Defendants claim the Church has not sufficiently alleged a municipal “policy or custom” under Monell. But Monell is irrelevant: Defendants act as state officials in administering Pennsylvania marriage statutes, not municipal policymakers. Even if Monell applied, the persistent pattern of denigrating Church ministers points to a policy, and dismissal at this stage is premature.”
The plaintiff argues that state law “cannot permit ministers of one faith to solemnize weddings while forbidding ministers of another faith to do so.”
“And government officials may not tell Church ministers they lack authority to solemnize marriages, while allowing other ministers to do so. Defendants’ position – that the victims of this unequal treatment have no remedy – flies in the face of the law and justice. The Court should deny the motion to dismiss,” the plaintiff said.
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, Zachary N. Gordon, Ambika Kumar, Bruce Edward Johnson and Robert Miller of Del Sole Cavanaugh Stroyd, in Pittsburgh and Seattle, Wash.
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