Secular Celebrants in Texas Pursue Legal Recognition Amid Ongoing Struggle with CFI
The Center for Inquiry (CFI), a non-religious advocacy group, filed a federal lawsuit in October 2024, challenging the provision in Texas law that bars secular officiants from legally solemnizing marriages. The lawsuit, which was filed against the constitutionality of Section 2.202 of the Texas Family Code, is still ongoing.
In July 2025, Judge Reed O'Connor of the U.S. District Court for the Northern District of Texas, Fort Worth Division, dismissed the case without prejudice. In his memorandum opinion, Judge O'Connor rejected the argument that the CFI and atheism qualify as a "religion" under Texas law.
Richard Conn, CFI's general counsel, stated that the lack of prosecution of secular celebrants before is due to the chilling effect of the existing Texas code that threatens prosecution. Conn also argued that the court agreed that barring secular celebrants from officiating weddings constitutes legal injury. However, the plaintiff lacks standing for a 'pre-enforcement action' because no one has been prosecuted before.
Conn further stated that the Attorney General's argument that CFI and atheism qualify as a religion under Texas law made no sense from either a legal or logical perspective. He emphasized that CFI is not a religious organization.
A major concern is that a secular celebrant officiating weddings might find themselves in legal jeopardy at a later time, potentially putting the validity of the marriages in question. As of August 2025, no clear update on this specific lawsuit can be confirmed from the provided sources. It is possible the case is still pending, was not taken up by the Texas Supreme Court, or that new developments have not been widely reported or included in these judicial summaries.
The court's dismissal of the case without prejudice means that the CFI can potentially refile the lawsuit in the future. The ongoing legal battle underscores the importance of the separation of church and state in Texas and the broader United States, as well as the right to religious freedom for all, including those who identify as non-religious.
- In light of the ongoing legal battle, the finance departments of various secular organizations may need to allocate resources for potential future litigation expenses.
- Despite the dismissal of the lawsuit, the business of officiating weddings for secular celebrants could face uncertainties and potential risks, depending on the outcome of any future legal actions.
