A Minor but Annoying Example of Unconstitutional Religious Discrimination in Virginia Marriage Law

Illya Somin writes at the Volokh Conspiracy: “My fiancee and I are not religious, and we plan to have our wedding performed by Judge Jerry Smith of the Fifth Circuit, the federal judge I clerked for. Unfortunately, however, Judge Smith lives in Texas. This would be fine under state law if he were a minister or other religious leader; but secular wedding officiants must be state residents.”