Wedding Ceremony Lawsuit Seeks COVID-19 Order Exemption

A recent COVID-19 order lawsuit argues that wedding ceremony events should be exempt from restrictions in Michigan.

Baker Events LLC and a Michigan couple – David Vansolkema and Kiley Stuller – argue that weddings should be exempt from COVID-19 restrictions based on the religious context of the events. According to the recent lawsuit from the couple and wedding company, barring wedding ceremonies from occurring infringes on Michigan residents’ right to religious freedom.

Vansolkema and Stuller are scheduled to marry each other in a Christian wedding ceremony on July 24, 2020 at Baker Events wedding properties. Unfortunately, due to Michigan COVID-19 order restrictions, the couple will reportedly be unable to wed as planned.

On June 1, Michigan Governor Gretchen Whitmer issued a COVID-19 order which placed “[t]emporary restrictions on certain events, gatherings, and businesses.” A month later on July 1, the governor reportedly issued another order “[c]losing indoor service at bars.”

Between the two executive COVID-19 orders, the ability to host social gatherings is highly restricted. For indoor events, no more than 10 people can gather for a social event. For an outdoor event, only 100 people are allowed to gather, but people not part of the same household are required to social distance.

However, according to the plaintiffs, Whitmer has flouted these restrictions by attending protests. When asked about her decision to attend protests, a representative for Whitmer said that the COVID-19 orders do not abridge protections guaranteed by state and federal constitutions – including the right to assembly.

“Consequently, Defendant Whitmer is willing to allow spontaneous, uncontrolled, and large social gatherings promoting one type of message, while prohibiting Plaintiffs’ organized weddings, even though the weddings, unlike the permitted protests, would be carried out with significant health and safety measures,” the wedding ceremony lawsuit claims.

Although the executive COVID-19 order does not prohibit places of worship from operating, these exemptions allegedly do not apply to weddings – despite the ceremony’s religious context. Plaintiff counsel argues that a wedding is “sacred” to the Christian faith, regardless of its venue.

“Christians believe that God himself is the author of marriage,” the wedding ceremony lawsuit argues.

“Marriage is not a purely human institution despite the many variations it may have undergone through the centuries in different cultures, social structures, and spiritual attitudes.”

Instead of being allowed to operate religious events freely, Baker Events has allegedly been barred from holding indoor wedding ceremony events.

Although the Ottawa County Department of Public Health informed Baker Events that they can hold events of 100 people or less in outdoor tent venues, the company calls this set up “less than ideal.” For an outside wedding ceremony under the COVID-19 order, the number of attendees is limited and inclement weather could quickly derail such an event.

Baker Events says that it has challenged the restrictions applied to their operations, but Ottawa County officials reportedly continue to deny the company the ability to hold religious wedding ceremony events. Instead of recognizing the religious context of weddings, the county has reportedly maintained that wedding ceremony and reception events are not covered by the worship exemption in COVID-19 restrictions.

“Just because there are religious overtones to funeral and a wedding – which there certainly are – doesn’t mean anyone is exempt, including churches and restaurants, from the limitation,” counsel for Ottawa County said in a statement to Wood TV.

Due to the lack of support from the county, Baker Events and the Michigan couple say that they made the choice to take legal action in order to advocate for their constitutional rights. The plaintiffs argue that the right to attend a “sacred event” such as a wedding ceremony is protected by the First Amendment of the U.S. Constitution.

“Those who attend a wedding are more than spectators—they are witnesses who solemnize this public event by their presence and are thus expressing their approval of this event by attending,” the wedding ceremony lawsuit argues.

“Consequently, those who are present at a wedding, particularly the bride and groom, are engaging in a form of expressive association that is grounded in religious belief and Sacred Scripture.”

The plaintiffs seek injunctive relief from the court, declaring the COVID-19 order unconstitutional and enjoining the county from enforcing the restrictions.

In related legal news, the coronavirus pandemic has caused thousands of cancelled weddings in the U.K. due to shutdowns and social distancing guidelines, and couples have faced challenges getting reimbursed by wedding insurers.  In addition, the Competition and Markets Authority (CMA) in the U.K. is now requiring wedding firms to issue refunds to couples who had their weddings cancelled due to the coronavirus pandemic,

Have you had to postpone your wedding due to COVID-19 order restrictions? Share your experiences in the comment section below.

The plaintiffs are represented by Robert J. Muise and David Yerushalmi of American Freedom Law Center.

The Wedding Ceremony Lawsuit is Baker Events LLC, et al. v. Gretchen Whitmer, et al., Case No. 1:20-cv-00654-PLM-PJG, in the U.S. District Court for the Western District of Michigan.

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