In October 2024, CFI filed a federal lawsuit in Texas challenging the provision that bars secular officiants from legally solemnizing marriages in the state.
The Center for Inquiry (CFI) filed an appeal in the federal lawsuit it brought contesting the constitutionality of Section 2.202 of the Texas Family Code, which designates who is authorized to solemnize weddings in Texas.
In October 2024, CFI filed a federal lawsuit in Texas challenging the provision that bars secular officiants from legally solemnizing marriages in the state. On July 2, 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, and he issued a memorandum opinion and order.
CFI general counsel Richard Conn believes the most likely reason no secular celebrant has been prosecuted before is the chilling effect of the existing Texas code that threatens prosecution in the first place. “Essentially, the court agreed that barring secular celebrants from officiating weddings constitutes legal injury,” said Conn. “But, because no one has been prosecuted before, the plaintiff lacks standing for a ‘pre-enforcement action.’” Conn added:
“What this ruling basically says is that a secular celebrant needs to roll the dice and see what happens. Then, if and when they find themselves in direct legal jeopardy, they’ll have grounds to sue. But what happens if a secular celebrant officiates dozens of weddings over the course of many years without incident, only to find themselves later in the crosshairs of an ambitious prosecutor?That’s a major concern not only for the person who conducts the ceremony, but for the couples getting married who might suddenly find their unions in legal question weeks, months, or possibly years after the fact.”
Conn was pleased with one aspect of Judge O’Connor’s opinion; namely, the Court’s rejection of an argument made by the Texas Attorney General that atheism and CFI qualify as a “religion” under Texas law. Judge O’Connor wrote “Interpreting the terms ‘religion’ and ‘religious organization’ to cover … Atheism not only ignores history and tradition but distorts their plain meaning and risks setting a dangerous precedent.”
“CFI is decidedly not a religious organization,” Conn stated. “The Attorney General’s argument to the contrary made no sense from either a legal or logical perspective.”
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