Lawsuit contends Allegheny County won't recognize ministers from online churches

An online church that ordains ministers is suing officials at the Allegheny County Department of Court Records for failing to allow them to perform wedding ceremonies.

Universal Life Church Monastery Storehouse, a nonprofit in Seattle, identifies itself as a non-denominational religious organization “that champions religious freedom, social justice and spiritual expression of all kinds.”

“Its ecclesiastical belief system is derived from the fundamental belief that we are all children of the same universe,” the lawsuit said.

To further its mission, it ordains those “who feel called to be a minister of the church,” often to officiate weddings.

However, according to the lawsuit, several ULC ministers who sought to perform marriage ceremonies throughout Allegheny County in recent months were told they would not be permitted to preside because the county would not recognize them or allow them to sign a marriage certificate.

The lawsuit names as defendants Michael McGeever, the director of court records, and Patricia Capozoli, the division manager for Wills and Orphan’s Court, which is responsible for processing marriage licenses.

A county spokeswoman said she could not comment on the lawsuit.

“The Department of Court Records is merely an agent of the commonwealth in issuing marriage licenses and does so in accordance with state law,” McGeever said in a statement.

Under Pennsylvania law, there are a number of people who are “authorized to solemnize marriages,” including public officials, such as judges and mayors.

The statute also lists “a minister, priest or rabbi of any regularly established church or congregation.”

But according to the lawsuit, five separate ministers with ULC Monastery were told by an employee in the clerk’s office they would not be recognized.

In one instance when minister Mark Lisovich called for information and identified himself, according to the lawsuit, the clerk said, “‘Oh, you’re one of those.’” Lisovich asked, “‘One of what?’”

“The representative responded: ‘One of those cult people.’ ”

In another instance, minister Anthony Priore called to get information on marrying close friends at a ceremony scheduled for May 1.

“[T]he representative who answered the phone stated that ‘we don’t recognize’ ULC Monastery or ‘online’ churches,” the lawsuit said.

To avoid any legal problems, the couple moved their wedding to West Virginia, where Priore was able to officiate, the complaint said.

According to a link on the county Department of Court records website titled “Disclaimer of Liability,” “PA law requires officiants to be ordained by a ‘regularly established church or congregation.’

“This office will not determine what is/is not a church or congregation.”

The notice continues: “PLEASE BE ADVISED: IF you choose to be married by someone other than the officiants specifically listed & authorized by PA law, the burden of proof regarding the legality (or lack thereof) of your marriage will be upon you – should future issues arise that require a determination of the marriage’s validity.”

The lawsuit alleges that Pennsylvania state court decisions that have split on the issue have caused confusion as to who can officiate.

In York County, in a 2007 case, the lawsuit said, a judge invalidated a marriage performed by a ULC minister.

But in Bucks County, a year later, a court found that a marriage performed by a ULC minister was valid.

The lawsuit includes claims for violations of the establishment clause and free exercise clauses — that the First Amendment prevents laws prohibiting the establishment or free exercise of religion.

“By discouraging only certain ministers or disfavored religious practices, this policy prefers certain religions or religious denominations over others in contravention of the Establishment Clause,” the lawsuit said.