Tomorrow: Becket urges court to protect Ameria’s historic definition of religion Fifth Circuit to decide if secular humanist group can be considered religious under Texas law

WASHINGTON – Becket attorneys will be at the U.S. Court of Appeals for the Fifth Circuit tomorrow, urging the court to preserve America’s historic understanding of religion under the law. In McCutchan v. Nicholson, a secular humanist group seeks to have its secular celebrants officiate weddings in Texas, even though Texas law permits only religious leaders and judges to officiate weddings. The humanist group is explicitly non-religious—and generally antireligious—yet wants its celebrants recognized in the same way as clergy. 

This case raises a crucial question: what counts as “religion” under the law? Becket recently filed a friend-of-the-court brief at the Fifth Circuit in support of neither party, urging the court to follow the Founding-era conception of religion articulated by James Madison: “the duty which we owe to our Creator and the manner of discharging it.” That understanding is broad enough to protect diverse faith traditions, and preserving it ensures that legal safeguards for religious liberty remain strong.  

The case is not about whether couples in Texas may choose a non-religious wedding ceremony; they already can by having a judge officiate. It is about ensuring that the word “religion” keeps its historic, traditional, and constitutional meaning. If “religious organizations” can include such groups as the Sierra Club, Rotary International, the Lions Club, or even the Dallas Cowboys, the term would lose all meaning.   

What: 
Oral Argument in McCutchan v. Nicholson 

Arguing before the court as amicus curiae: 
Amanda Salz, counsel at Becket  

When: 
March 3, 2026, at approximately 9:45 a.m. CT

Where: 
University of Houston Law Center
4170 Martin Luther King Blvd, Houston, TX 77204 

Link to livestream audio: https://5thcircuit.streamguys1.com/houston