Monday, May 14, 2012

A Historic Challenge



A friend and fellow CFI member, John Kiel, is about to go into the history books because of a case coming up wherein John, through the ACLU of Indiana, led by Attorney, Ken Falk, is going to challenge Indiana law that prohibits couples from being married by a secular person. 
Note that Ken Falk, the ACLU lead attorney in the Atheist Bus Campaign Ad controversy in Bloomington, IN, sued the bus company when they refused to allow ads on their buses stating, "You Can Be Good Without God." The case never went to court. The bus company folded, but not before they had wasted tens of thousands of dollars on their own attorneys, plus the money they had to pay ACLU of Indiana for attorney fees.

Indianapolis
There is a new fight over the right to marry in Indiana. The Americans Civil Liberties Union is suing the state, saying Indiana’s marriage laws are unconstitutional. The suit centers, not around the couple, but around who’s performing the ceremony. 

John Kiel is a plaintiff in the lawsuit.

“We're just asking for equal treatment like the religious folk. We just want to get married like everyone else.”

Kiel is engaged to marry Michelle Landrum. The couple quickly ran into a problem finding someone to do their ceremony.

“My fiancĂ© and I are both long-term members of the Center for Inquiry. The Center for Inquiry represents our personal beliefs and values.”

The Center for Inquiry is a national organization with beliefs based in science and common sense.

Reba Boyd Wooden is the Indianapolis executive director.

“It's a good moral stance. It's a good philosophy to live your life.”

The problem for Kiel and Landrum is that the Center for Inquiry, while a belief system, is not a religious group. According to current Indiana law, it is not approved to perform weddings. Kiel and Landrum could be married by a county official or judge “legally” and then have a ceremony later. They could also use a religious minster to make it official, but Kiel says, “that isn't what we wanted for our marriage. “

The ACLU has now filed a lawsuit in federal court against Marion County and the clerk basically arguing that Indiana law discriminates against non-religious people and gives preference to religious people.

Attorney General Greg Zoeller released a statement saying, “My office will defend the authority of the people`s elected representatives in the Legislature to determine who may solemnize legal marriages in this state. This statute was first enacted in 1997 and amended in 1999; and this constitutional challenge is a test of the authority of the state.”

Zoeller’s office told Fox59 that they had not been served with the lawsuit as of Thursday, but have heard that it is coming.

“For us it's a matter of principle," said Boyd Wooden. "We shouldn't be forced to portray ourselves as religious. We should be able to do it under a secular certification.”

Kiel and Landrum said they aren’t trying to re-define marriage with this case. The couple said they just want to be able to get married legally using a person from their belief system.

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