Yesterday, a Nevada court heard arguments in a fascinating dispute about who is allowed to perform marriage ceremonies. A state law requires those seeking certification to be either government officials or affiliated with a church or religious organization. The ACLU is challenging the requirement on behalf of two humanists who were denied a license.
Attorneys for the state emphasized that religion is not required in marital ceremonies, and that religious officials are only granted an exception due to long-standing custom.
Michael Foley, a deputy district attorney for Clark County, argued for dismissal of the suit. He said the fact that a religious test is required for nongovernmental officiants to conduct weddings does not necessarily mean the officiants’ religious beliefs are part of the ceremonies they perform.
"There is absolutely no statutory requirement that the ministers mention God or perform any religious rites during a ceremony,’’ he said. "The only requirement is that the bride and groom declare in front of the witnesses that they take each other as husband and wife.’’
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Foley said the county and state have a legitimate interest in ensuring marriages are legitimate and are conducted properly — and participation by religious officials in marriages is a custom that predates the Bill of Rights.
Is that good enough? Foley also expressed concern that without this rule the ranks of those performing marriage ceremonies would be overflowing with "Elvis impersonators."
Should anyone be able to gain a license to marry? And if an Elvis impersonator can't perform a marriage ceremony in Nevada then where can they?
