The U.S. Court of Appeals for the Fifth Circuit heard arguments this week in a case that could determine whether secular humanist celebrants may legally officiate marriages in Texas.
The case, McCutchan v. Nicholson, centers on whether Texas law should allow secular humanist organizations to perform weddings in the same way religious clergy can.
Under current Texas law, marriages may be officiated by judges or by officers of religious organizations. A secular humanist group has challenged that framework, seeking recognition for its celebrants to perform marriage ceremonies despite identifying as non-religious.
Attorneys from Becket, a nonprofit law firm focused on religious liberty, appeared before the Fifth Circuit urging the court to preserve what they describe as the historic understanding of religion in American law.
Amanda Salz, counsel at Becket, argued before the court as amicus curiae, or friend of the court.
“Some people treat football like a religion, but that doesn’t mean Dallas Cowboys fans get constitutional protections as if they were churches or synagogues,” Salz said. “Our Constitution draws a firm line: religion is one thing, and personal beliefs, no matter how strongly held, are another. We’re asking the court to keep that line clear.”
Becket previously filed a friend-of-the-court brief urging the Fifth Circuit to adopt the Founding-era understanding of religion described by James Madison as “the duty which we owe to our Creator and the manner of discharging it.”
According to the group, maintaining that definition ensures that legal protections for religious liberty remain focused on religious institutions and faith traditions.
“If ‘religious organizations’ could include groups like the Sierra Club, Rotary International, or even the Dallas Cowboys, the term would lose its meaning,” Salz said.
Supporters of Becket’s position argue that expanding the definition of religion could weaken legal protections designed to safeguard religious freedom.
“Reserving religious protections for the religious is good for both church and state,” Salz said.
The Fifth Circuit has not yet issued a ruling in the case. A decision is expected in the coming months.
Becket, based in Washington, D.C., is a nonprofit public-interest law firm that focuses on protecting religious liberty and has represented clients from a wide range of faith traditions.
