A lawsuit filed by the Indiana chapter of the Center for Inquiry argued that an Indiana law that requires marriages to be “solemnized” only by clergy, judges, mayors or local government clerks violates the Constitution. But Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana ruled that marriage has religious roots. Therefore, government regulation of marriage is an act of religious accommodation — not endorsement — and protected by the Constitution.

A federal court in Indiana has rejected atheists’ requests to preside at wedding ceremonies, saying only clergy or public officials are licensed to solemnize marriages.

A lawsuit filed by the Indiana chapter of the Center for Inquiry argued that an Indiana law that requires marriages to be “solemnized” — made official by signing a marriage license — only by clergy, judges, mayors or local government clerks — violates the Constitution.

But Judge Sarah Evans Barker of the U.S. District Court for the Southern District of Indiana ruled on Friday (Nov. 30) that marriage has religious roots. Therefore, government regulation of marriage is an act of religious accommodation — not endorsement — and protected by the Constitution.

She also noted that Indiana’s law does not limit who may marry the plaintiffs, but only who may sign their license.

“We in no way intend to question or disparage plaintiff’s opinions regarding the institution of marriage,” Barker wrote in her ruling. “But we must gently remind plaintiffs that the free exercise clause (of the Constitution) is not a guarantee against inconvenience.”

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