Universal Life Church v. Utah, 2:01CV278K.

• Decision Date: 17 January 2002
• Docket Number: No. 2:01CV278K.,2:01CV278K.
• Parties: UNIVERSAL LIFE CHURCH, a California non-profit corporation and J.P. Pace, Plaintiffs, v. The State of UTAH, a governmental entity; Michael Leavitt, Governor of the State of Utah; and Mark Shurtleff, Attorney General of the State of Utah, Defendants.
• Court: U.S. District Court — District of Utah

189 F.Supp.2d 1302

UNIVERSAL LIFE CHURCH, a California non-profit corporation and J.P. Pace, Plaintiffs, v. The State of UTAH, a governmental entity; Michael Leavitt, Governor of the State of Utah; and Mark Shurtleff, Attorney General of the State of Utah, Defendants.

No. 2:01CV278K.

United States District Court, D. Utah, Central Division.

January 17, 2002.

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Brian M. Barnard, James L. Harris, Jr., Salt Lake City, UT, for Plaintiffs.

Edward O. Ogilvie, J. Mark Ward, Joel Ferre, Utah Attorney's Office, Salt Lake City, UT, for Defendants.

MEMORANDUM DECISION AND ORDER

KIMBALL, District Judge.

This matter is before the court on (1) Defendants' Motion for Summary Judgment, (2) Plaintiffs' Motion for Summary Judgment, (3) Plaintiffs' Motion to Strike Affidavit of Gene Davis, (4) Plaintiffs' Motion to Strike Affidavit of Dan Larsen, (5) Plaintiffs' Motion to Strike Defendants' Exhibits C & D, (6) Defendants' Motion to Strike Portions of Universal Life Church Ministers' Affidavits, (7) Defendants' Motion to Strike Portions of Pace's Third Affidavit, (8) Defendants' Motion to Strike Portions of Hensely Affidavit, (9) Defendants' Motion to Strike Jury Demand, and (10) Plaintiffs' Motion for Judgment on the Pleadings Re: Affirmative Defenses. A hearing on the motions was held on October 18, 2001. At the hearing, Plaintiffs, Universal Life Church ("ULC") and J.P. Pace ("Pace"), were represented by Brian M. Barnard. Defendants, the State of Utah, Michael Leavitt, and Mark Shurtleff, were represented by Joel A. Ferre. Before the hearing, the court considered carefully the memoranda and other materials submitted by the parties. Since taking the matter under advisement, the court has further considered the law and facts relating to these motions. Now being fully advised, the court renders the following Memorandum Decision and Order.

I. CROSS-MOTIONS FOR SUMMARY JUDGMENT

A. Background

This lawsuit is based on Senate Bill 211 (referred to herein as "SB 211," the "Challenged Statute," or the "Internet Statute") which the Utah Legislature passed during its 2001 legislative session. As codified, it provides:

30-1-6.1. Ordination by Internet not valid.

Certification, licensure, ordination, or any other endorsement received by a person through application over the Internet or by mail that purports to give that person religious authority is not valid for the purposes of Subsection 30-1-6(1)(a).

Utah Code Ann. § 30-1-6.1 (Supp.2001). The Challenged Statute supplements Utah Code Annotated § 30-1-6 (the "Marriage Solemnization Statute"), which provides:

30-1-6. Who may solemnize marriages-Certificate.

(1) Marriages may be solemnized by the following persons only:

(a) ministers, rabbis, or priests of any religious denomination who are:

(i) in regular communion with any religious society; and

(ii) 18 years of age or older;

(b) Native American spiritual advisors;

. . . . .

Utah Code Ann. § 30-1-6 (1998).

In addition, Utah law provides in pertinent part: "If any person not authorized solemnizes a marriage under pretense of having authority ... he shall be punished by imprisonment in the state prison not exceeding three years." Utah Code Ann. § 30-1-14 (1998).

The ULC is headquartered in Modesto, California. It has two tenets or beliefs: "the absolute right of freedom of religion," and (2) "to do that which is right." The ULC believes that each person has the right to do what is right for him or her so long as it does not infringe on the rights of others and is within the law.

The ULC will ordain anyone free, for life, without questions of faith. Anyone can be ordained a ULC minister in a matter of minutes by clicking onto the ULC's website and by providing a name, address, and e-mail address. Anyone can also be ordained by mailing to the ULC a name and address. There is no oath, ceremony, or particular form required. The ULC keeps records of ordinations, but does not keep membership records or records of church rites such as baptisms, weddings, or funerals. One can also order other products to aid in the ministry, including a minister's wallet credentials, blank press passes, a reversible MINISTER/PRESS windshield placard, the Ultimate Wedding Guide book and other clergy packages.

The ULC represents to its ministers that ULC ministers can perform rites and ceremonies, including weddings, and that they can ordain others into the ministry. The only limitation on ordinations is that a minister cannot ordain others without their permission. The ULC requires virtually nothing from its ministers: they are not required to perform any religious ceremonies, to oversee a congregation, to provide religious guidance or counseling, to report religious ceremonies to headquarters, to keep in contact with the ULC other than routine address changes, or to attend any worship services.

Pace was ordained a ULC minister in 1993 by application through the mail. He has had contact with the ULC through sporadic newsletters and reading of—but not participation in—"chat room" dialogue on the Internet. He has performed several marriage ceremonies in Utah as a ULC minister.

In their Complaint, Plaintiffs allege that the Challenged Statute violates Plaintiffs' rights to free exercise of religion, their rights to equal protection of the laws, and their substantive due process rights, all in violation of the United States and Utah Constitutions. The Complaint requests declaratory relief, a preliminary and permanent injunction,¹ attorneys' fees, and costs.

In their Motion for Summary Judgment, Plaintiffs argue that the court should rule, as a matter of law, that the Challenged Statute violates the above-mentioned constitutional provisions, in addition to the Establishment Clause of the United States and Utah Constitutions. Defendants, on the other hand, contend that the court should rule as a matter of law that Plaintiffs do not have standing to challenge the Internet Statute, that Defendants are immune from suit, and that the Challenged Statute does not violate the United States Constitution.

B. Standard of Review

Summary judgment is appropriate only "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In reviewing the factual record, we construe all facts and make reasonable inferences in the light most favorable to the non-moving party. See Byers v. City of Albuquerque, 150 F.3d 1271, 1274 (10th Cir.1998).

C. Discussion

1. Standing

Defendants argue that Plaintiffs lack standing to challenge the constitutionality of the Internet Statute because Plaintiffs are not within the statute's zone of interest and they have suffered no injury in fact. Defendants contend that the statute does not affect Plaintiffs because, regardless of the Challenged Statute, Plaintiffs cannot perform marriages in any event because they are not ministers, priests, or rabbis in "regular communion with any religious society," as required by the Marriage Solemnization Statute. Defendants concede that the Utah Legislature has not defined the above-quoted words, but Defendants offer common dictionary definitions to argue that Pace has never been in "regular communion with a religious society" and that the Legislature did not intend for a "minister" such as Pace to be allowed to perform marriage ceremonies. Accordingly, Defendants claim that only "ministers, priests, and rabbis in regular communion with any religious society" are affected by the Challenged Statute.

Defendants also argue that, because Plaintiffs do not fall within the zone of interest, Plaintiffs have not suffered, and cannot suffer, any injury in fact. According to Defendants, Plaintiffs have never been threatened with prosecution, and, as a practical matter, any prosecution of Plaintiffs would be as result of performing marriages without proper authority (i.e., as a minister not in regular communion with any religious society), rather than for violating the Challenged Statute. Thus, they argue, the Challenged Statute does not create a new or different crime. Defendants assert that, even if this court were to hold the Internet Statute unconstitutional, the question of whether or not a ULC minister could perform a valid marriage in Utah would still be in doubt because ULC ministers would still need to meet the requirements set forth in the Marriage Solemnization Statute. Thus, according to Defendants, this court lacks Article III authority to review the Challenged Statute.

In contrast, Plaintiffs argue that they need not await a criminal prosecution in order to have standing. They also argue that the Marriage Solemnization Statute does not define the phrase "in regular communion with any religious society," and no reported Utah case defines that phrase. Plaintiffs contend that Defendants have offered no legislative history or any other evidence to support their "restrictive meaning" of that phrase. Plaintiffs assert that, in the absence of ambiguity in the statute, it should be read and applied as written, and the words therein shall be given their common meaning. Plaintiffs have used the same dictionary as Defendants and have offered other meanings for the word "communion," which they claim encompasses the relationship between Pace and the ULC (i.e., communion is an act or instance of sharing). They point out that Defendants have no authority to support their assertion that "regular communion" must include watching over a congregation, having intimate fellowship with a group of members, providing religious leadership, providing religious guidance, and being selected by some special rite. Plaintiffs contend...