Some obstructionist Virginia courts/clerks are refusing to issue permits to allow CotFSM ordained minsters to wed CotFSM members in accordance with their beliefs. This religious discriminating against Pastafarians (and other theistic and/or non-theistic) denominations must stop.



The Church of the Flying Spaghetti Monster (CotFSM) is a legally sanctioned tax exempt charitable religious organization (per IRS 1828).



"Ordained ministers with the Church of the Flying Spaghetti Monster are entrusted to exercise the duties of the ministry including sermonizing, presiding over hold ceremonies such as marriages and baptisms, giving last rites, and casting out false profits. The Church requests assistance from the concerned authorities in carrying out these solemn duties and expects CotFSM ministers will be granted respect, privileges, and honors due to a person of the cloth" & that Pastafarians shall be allowed to freely exercise their religion under Article I, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First Amendment to the United States Constitution.



Virginia § 20-23 Order authorizing ministers to perform ceremony states: When a minister of any religious denomination shall produce before the circuit court of any county or city in this Commonwealth, or before the judge of such court or before the clerk of such court at any time, proof of his ordination and of his being in regular communion with the religious society of which he is a reputed member...such court, or the judge thereof, or the clerk of such court at any time, may make an order authorizing such minister to celebrate the rites of matrimony in this Commonwealth...



Our holy scripture, The Gospel of the FSM (Mosey:6), states: I’d Really Rather You Didn’t Build Multimillion-Dollar Churches/Temples/Mosques/Shrines...When The Money Could Be Better Spent (Take Your Pick): Ending Poverty, Curing Diseases, Living In Peace, Loving With Passion... As such, CotFSM ordinations are conducted with the least amount of infrastructure waste possible in accordance with our religious beliefs. These processes are a free exercise of our religion protected under Article I, Section 16 of the Constitution of Virginia, the Virginia Act for Religious Freedom (§ 57-1 et seq.), and the First Amendment to the United States Constitution



Virginia Code § 20-25.& 20-26 already allow:



§ 20-25) Persons (Virginia residents) other than ministers who may perform rites.

§ 20-26) any member to be appointed to act in the same capacity as a minister to officiate Marriage between members of religious society having no minister.

The Dormant Commerce Clause forbids states from discrimination against out of state sellers of goods or services (such as out-of-state ministers' wedding services).

Since May 24th, 2010 many ministers have been systematically denied the right to perform marriage in Virginia due to a letter issued by the office of the Attorney General. The letter is not an Official Opinion of the Attorney General but only an informal opinion of one of the Attorney General's counsel.

Though this letter carries no legal weight as defined by the Virginia Code § 2.2-505, it references the 1974 Virginia Supreme Court Case Cramer vs Commonwealth that is often referred to by County Clerk's offices when denying ministers the right to perform marriage. Virginia is the only state within the United States of America to carryout this practice.



That case said nothing regarding 'on-line ordination' but instead was a ruling regarding what constitutes an ordained class within a religious organization. This case stated that religious organizations (like The Universal Life Church) that believe that all members of their congregation are ordained, means in affect that ULC ordination does not create a distinct class separate from the rest of their congregation. Thus, ULC ordained ministers would need to file for permits to officiate as a member of a religious organization that has not recognized chosen leaders under VA 20-26 (not under VA 20-23 Order authorizing ministers to perform ceremony).



Virginia is the only state within the United States of America to carryout this practice.

However, this legal case in no way applies to the CotFSM because the CotFSM's does NOT have beliefs similar to the ULC's and within the CotFSM there is a small distinct group of ordained CotFSM clergy that are spiritual leaders and carry out specific functions separate from the rest of their congregation.



Thus, denying CotFSM ministers' rights to carry out their solemn duties, including solemnizing wedding ceremonies, constitutes Unconstitutional Religious Discrimination, Violates Equal Protections, and creates "facial discrimination" clearly prohibited by Supreme Court precedent.

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We request Virginia Courts and Clerks immediately cease any discrimination against Church of the FSM ministers (and other theistic and/or non-theistic denominations) and their congregation members and allow them to freely practice their religion(s) (or lack there of) and conduct ceremonies in accordance with their beliefs and United States & State of Virginia Law.



We also ask that Virginia 20-25 be amended to allow 'any circuit court judge may issue an order authorizing one or more persons, [] to celebrate the rites of marriage in the Commonwealth" (removing any requirement that authorized persons must be residents of the state of Virginia).