Virginia Law On Marriage Officiants Discriminates Against Sikhs

In In re Dhanoa, (VA Cir. Ct., March 29, 2013), a Virginia trial court held that while Sikh temples do not have clergy, and thus members cannot rely on Va. Code Sec. 20-23 to perform marriage ceremonies, Sikhs do qualify under Va. Code Sec. 20-26 as members of a religious society that does not have ordained ministers.  The court went on to hold that two of the conditions imposed by Sec. 20-26 are unconstitutional-- the requirement that only one person per "religious society" may be authorized to certify marriages and the requirement that the person chosen by the religious society post a $500 bond.  The court held that the these requirements discriminate against Sikhs on the basis of religion. The ACLU issued a press release reporting on the decision.