Same-sex marriage in Wyoming

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Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.

Contents

Restrictions on same-sex unions

Statutes

In 1977, the Wyoming State Legislature passed a ban on same-sex marriage. [1] In 2003, the State Legislature passed another ban on same-sex marriage. [2] The statutes read: "marriage is a civil contract between a male and a female person". [3] Wyoming law also states that "all marriage contracts which are valid by the laws of the country in which contracted are valid in this state" and it does not qualify that statement. [4] Lawsuits have cited this provision when challenging the state's denial of recognition to same-sex marriages established in other jurisdictions. [5] [6] [7]

On February 22, 2007, a bill to prohibit Wyoming from recognizing same-sex marriages from other states was defeated by one vote in a committee of the Wyoming House of Representatives. [8] On January 24, 2011, the House passed a bill that would have prohibited the state from recognizing same-sex marriages performed outside the state. [9] On February 18, it was passed by the Senate, [10] but after further legislative action it failed. [11]

Constitution

In 2009, the House considered an amendment to the State Constitution, House Joint Resolution 17, known as the "Defense of Marriage" resolution, defining marriage as a "union between a man and a woman". After an intense, emotional debate on the matter, the measure was defeated by the House on February 6, with 35 votes against and 25 in favor. [12]

On January 27, 2011, the Senate approved a constitutional amendment banning same-sex marriage by a two-thirds majority. [13] The proposal died when the House adjourned without taking action on it. Speaker Tom Lubnau said he "didn't want to spend hours of floor time debating a bill that didn't have the votes to pass". The Wyoming Democratic Party opposed the bill; "[We don't] think it was an appropriate thing to put in the Wyoming Constitution.", said Brianna Jones, the party's communication director. [14]

Attempts to recognize same-sex unions

On January 28, 2011, the House Judiciary Committee rejected a bill to legalize same-sex civil unions. [15]

On January 14, 2013, legislators filed a bill to legalize same-sex marriage in Wyoming by defining marriage as a civil contract between "two natural persons". On January 28, a House committee defeated the marriage bill by a vote of 5–4. [16] A domestic partnership bill allowing same-sex couples to "obtain the rights, responsibilities, protections and legal benefits provided in Wyoming for immediate family members" was passed by a House committee on a vote of 7–2 on January 28. Legislators who favored same-sex marriage supported the legislative tactic of offering the alternatives. [17] Governor Matt Mead said he favored domestic partnerships. [18] The House rejected the bill on January 30, 2013 in a 24–35 vote. [19]

The House considered a same-sex marriage bill in 2014 but defeated it on February 13, 2014 by a vote of 17–41. [20]

Lawsuits

Wyoming Governor Matt Mead said that despite action by the U.S. Supreme Court on October 6, 2014, which left standing as binding precedent on courts in Wyoming rulings of the Tenth Circuit Court of Appeals that found bans on same-sex marriage unconstitutional, the Attorney General, Peter K. Michael, "will continue to defend Wyoming's constitution defining marriage between a man and a woman", mistakenly referring to the State Constitution, which does not define marriage. Clerks in Laramie, Natrona and Teton counties said they had received inquiries about issuing marriage licenses to same-sex couples, but were waiting for a change in state law or an order from a judge. [21]

Guzzo v. Mead

On October 7, 2014, after the U.S. Supreme Court declined appeals in two cases from the Tenth Circuit Court of Appeals, Kitchen v. Herbert and Bishop v. Smith , allowing decisions invalidating state bans on same-sex marriage to become binding precedent on courts in Wyoming, four same-sex couples and Wyoming Equality filed a lawsuit in federal court, Guzzo v. Mead, asking for an immediate order to end the state's denial of marriage rights to same-sex couples. Three of the couples had earlier initiated a lawsuit in state court and the fourth had just been denied a marriage license. They were represented by private attorneys and the National Center for Lesbian Rights. [22] U.S. District Judge Scott W. Skavdahl ruled for the plaintiffs on October 17 and stayed enforcement of his ruling until 5 p.m. MDT on October 23 or until the defendants informed the court that they would not appeal to the Tenth Circuit, whichever was first. [23] Governor Mead's office released a statement that the state would decline to appeal the ruling, [24] and notified the court on October 21 of that decision, [25] at which point the judge lifted his stay and same-sex couples began obtaining marriage licenses. Wyoming is also required to recognize same-sex marriages from other jurisdictions. [26]

Jeran Artery of Wyoming Equality welcomed the court decision, and said, "I wonder what Matthew Shepard would think if he were alive today to see all this progress we've made in Wyoming and how hearts and minds have changed. I would really hope that if I could have a conversation with him that he would say, 'Job well done. You are changing Wyoming and it makes me proud.'" [27] Representative Gerald Gay said the issue should have been decided by voters. [27] Among the first couples to receive a marriage license in Wyoming were Linda Mahaffey and Teresa Bingham, plaintiffs in Guzzo, who obtained a license in Laramie on Tuesday morning, October 21. Travis Gray and Dirk Andrews were the first couple to be issued a license in Casper, [28] and A.J. McDaniel and Jennifer Mumaugh, also plaintiffs in Guzzo, were the first in Cheyenne, the state capital. [29]

Courage v. Wyoming

On March 5, 2014, four same-sex couples and Wyoming Equality filed a lawsuit, Courage v. Wyoming, in the First Judicial District, challenging Wyoming's statutory ban on same-sex marriage and the recognition of same-sex marriages performed in other jurisdictions. [30] The plaintiffs were couples from Cheyenne, Casper, Laramie and Evanston who had married in Canada or Iowa or who had been denied marriages licenses by the Laramie County clerk. [3] In April, former Senator Alan Simpson expressed his support for same-sex marriage, releasing a video in association with Freedom to Marry, "Whether you're gay or lesbian or straight, if you love someone and you want to marry them, marry them. [...] I'm a Republican. The party's basic core is, government out of your life and the right to be left alone." [27] The state sought to dismiss the case, and on July 1, 2014 the plaintiffs sought summary judgment. On July 29, a judge denied the state's request for a stay of proceedings, but deferred a hearing on the motion for summary judgment for 90 days to give the state an opportunity to conduct discovery. On October 6, a joint motion was filed to lift the stay and enter judgement.

Christiansen v. Christiansen

In November 2010, a district judge ruled that he lacked jurisdiction to grant a divorce to two Wyoming women who had married in Canada in 2006. [31] On June 6, 2011, the Wyoming Supreme Court, in Christiansen v. Christiansen, unanimously reversed the district court decision and granted the divorce. Its decision said: "Nothing in this opinion should be taken as applying to the recognition of same-sex marriages legally solemnized in a foreign jurisdiction in any context other than divorce. The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day." [32] [33]

Developments after legalization

On June 26, 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that same-sex couples have a constitutional right to marry under the Due Process and Equal Protection clauses of the Fourteenth Amendment. The decision legalized same-sex marriage nationwide in the United States.

In March 2017, the Wyoming Supreme Court issued a ruling 3–2 discipling a judge, Ruth Neely from Pinedale, who had, in violation of her oath of office, said she would not marry same-sex couples. Neely had informed a local newspaper in 2015 that she would "not be able to" perform the marriages due to her religious beliefs, and compared homosexuality to alcoholism and theft. The Wyoming Commission on Judicial Conduct and Ethics opened an investigation into her, and concluded that Neely had violated the Wyoming Code of Judicial Conduct and recommended that she be removed from her judicial position: "Judges do not enjoy the same freedom to proselytize their religious beliefs as ordinary citizens." The commission said that her statement amounted to a conclusion that "adherence to the law is optional". [34] Neely appealed directly to the Supreme Court in August 2016. The court rejected Neely's claims but modified her penalty, issuing instead a "public censure" and demanding that she either marry all couples, regardless of sexual orientation, or none. [35]

On February 14, 2018, two Republican representatives, Lars Lone and Roy Edwards, introduced the Marriage and Constitution Restoration Act to the Wyoming House of Representatives. The bill sought to reenact the state's same-sex marriage ban, and ban the state's political subdivisions from "granting, endorsing, respecting or recognizing any marriage not between a man and woman". The bill would have thus been in violation of Obergefell and the U.S. Constitution. House lawmakers refused to consider the bill and killed it merely two days after its introduction to the House. [36] [37]

Native American nations

Same-sex marriage is recognized on the Wind River Indian Reservation, a Native American reservation shared by the Eastern Shoshone and the Northern Arapaho peoples. The first same-sex marriage at the Shoshone and Arapaho Tribal Court in Fort Washakie was registered on November 14, 2014 for Saun and Renee Allen. [38]

While there are no records of same-sex marriages as understood from a Western perspective being performed in Native American cultures, there is evidence for identities and behaviours that may be placed on the LGBT spectrum. Many of these cultures recognized two-spirit individuals who were born male but wore women's clothing and performed everyday household work and artistic handiwork which were regarded as belonging to the feminine sphere. [39] Arapaho culture has traditionally regarded two-spirit people as "esteemed persons with special spiritual powers". They are known as hoxúx (pronounced [hɔxʊ́x] , plural: hoxúxono) in the Arapaho language. Many hoxúxono married cisgender men without indication of polygyny. [39] The two-spirit status thus allowed for marriages between two biological males to be performed in the tribe. In the eastern dialect of the Shoshone language, two-spirit people, who "act[ed] like women" and did women's work, are known as waipenaiteN (pronounced [ˈwai̯pːɨ̃nai̯tːɨn] ), [40] but unlike the Arapaho hoxúx, they would never marry. [39]

Economic impact

The Williams Institute estimated in September 2014 that if marriage were extended to same-sex couples in Wyoming, the state would see an economic boost of $2.4 million over the course of three years. This net impact would be the result of savings in expenditures on state means-tested public benefit programs and an increase in state income and sales tax revenue. [41]

Demographics and marriage statistics

Data from the 2000 U.S. census showed that 807 same-sex couples were living in Wyoming. By 2005, this had increased to 1,044 couples, likely attributed to same-sex couples' growing willingness to disclose their partnerships on government surveys. Same-sex couples lived in all counties of the state and constituted 0.7% of coupled households and 0.4% of all households in the state. Most couples lived in Natrona, Laramie and Fremont counties, but the counties with the highest percentage of same-sex couples were Niobrara (0.69% of all county households) and Fremont (0.65%). Same-sex partners in Wyoming were on average younger than opposite-sex partners, and less likely to be employed. The average and median household incomes of same-sex couples were lower than different-sex couples, and same-sex couples were also far less likely to own a home than opposite-sex partners. 20% of same-sex couples in Wyoming were raising children under the age of 18, with an estimated 501 children living in households headed by same-sex couples in 2005. [42]

On October 21, 2015, exactly one year after the ruling in Guzzo v. Mead, the Vital Statistics Services office of the Wyoming Department of Health estimated that 201 marriage licenses had been issued to same-sex couples in the state. This constituted about 5% of the 3,850 marriage licenses issued in Wyoming in that time. [43]

The 2020 U.S. census showed that there were 681 married same-sex couple households (271 male couples and 410 female couples) and 473 unmarried same-sex couple households in Wyoming. [44]

Public opinion

A July 2013 Public Policy Polling survey found that 57% of Wyoming voters thought same-sex marriage should be illegal, while 32% thought it should be legal and 11% were not sure. A separate question on the same survey found that 64% of respondents supported legal recognition for same-sex couples, with 28% supporting same-sex marriage, 36% supporting civil unions but not marriage, 32% opposing all legal recognition and 3% not sure. [45]

A University of Wyoming survey conducted between October 13 and October 28, 2014 found that 53% of respondents agreed that "homosexual couples should be allowed to get married", while 39% disagreed and 8% declined to answer. [46] This was a big change in comparison to 2004, when 24% of Wyoming respondents supported same-sex marriage. [27]

2015 and 2016 polls from the Public Religion Research Institute (PRRI) found that 48% and 49% of Wyoming residents supported same-sex marriage, respectively. [47] [48] In 2017, the PRRI placed support for same-sex marriage in Wyoming at 62%, while opposition stood at 30%, and 8% were undecided. [49] A 2020 PRRI survey showed that 75% of Wyoming respondents supported same-sex marriage, while 17% were opposed and 8% were undecided or did not answer. [50] According to a survey conducted by the same polling organization between March 11 and December 14, 2022, 62% of Wyoming respondents supported same-sex marriage, while 38% were opposed. [51]

See also

Related Research Articles

<span class="mw-page-title-main">Same-sex marriage in the United States</span> Overview of the status of same-sex marriage in United States

The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.

Same-sex marriage has been legally recognized in Oregon since May 19, 2014, when Judge Michael J. McShane of the U.S. District Court for the District Court of Oregon ruled in Geiger v. Kitzhaber that Oregon's 2004 state constitutional amendment banning same-sex marriages discriminated on the basis of sexual orientation in violation of the Equal Protection Clause of the U.S. Constitution. A campaign that was then under way to win voter approval of a constitutional amendment legalizing same-sex marriage was suspended following the decision. In July 2015, Governor Kate Brown signed legislation codifying same-sex marriage in various Oregon statutes. The law change went into effect on January 1, 2016.

Same-sex marriage has been legally recognized in Washington since December 6, 2012. On February 13, 2012, Governor Christine Gregoire signed legislation that established full marriage rights for same-sex couples in the state of Washington. Opponents mounted a challenge that required voters to approve the statute at a referendum, which they did on November 6. The law took effect on December 6, and the first marriages were celebrated on December 9. Within a couple of days, more than 600 marriage licenses were issued to same-sex couples in King County alone.

Same-sex marriage has been legally recognized in Wisconsin since October 6, 2014, upon the resolution of a lawsuit challenging the state's ban on same-sex marriage. On October 6, the U.S. Supreme Court refused to hear an appeal of an appellate court ruling in Wolf v. Walker that had found Wisconsin's ban on same-sex marriage unconstitutional. The appellate court issued its order prohibiting enforcement of the state's ban on same-sex marriage the next day and Wisconsin counties began issuing marriage licenses to same-sex couples immediately. Wisconsin had previously recognized domestic partnerships, which afforded limited legal rights to same-sex couples, from August 2009 until they were discontinued in April 2018.

Same-sex marriage became legally recognized statewide in New Mexico through a ruling of the New Mexico Supreme Court on December 19, 2013, requiring county clerks to issue marriage licenses to all qualified couples regardless of gender. Until then, same-sex couples could only obtain marriage licenses in certain counties of the state. Eight of the 33 counties, covering 58% of the state's population, had begun issuing marriage licenses to same-sex couples in August and September 2013. New Mexico's marriage statute was not specific as to gender, and it was the only state lacking a state statute or constitutional provision explicitly addressing same-sex marriage. Lacking a state law or judicial ruling concerning same-sex marriage prior to December 19, 2013, policy for the issuance of marriage licenses to same-sex couples was determined at the county level at the discretion of local issuing authorities i.e., some counties recognized same-sex marriage and issued marriage licenses to same-sex couples, while others did not.

<span class="mw-page-title-main">LGBT rights in Wyoming</span>

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Wyoming may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity has been legal in Wyoming since 1977, and same-sex marriage was legalized in the state in October 2014. Wyoming statutes do not address discrimination on the basis of sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. In addition, the cities of Jackson, Casper, and Laramie have enacted ordinances outlawing discrimination in housing and public accommodations that cover sexual orientation and gender identity.

Same-sex marriage has been legal in South Carolina since a federal court order took effect on November 20, 2014. Another court ruling on November 18 had ordered the state to recognize same-sex marriages from other jurisdictions. Following the 2014 ruling of the Fourth Circuit Court of Appeals in Bostic v. Schaefer, which found Virginia's ban on same-sex marriage unconstitutional and set precedent on every state in the circuit, one judge accepted marriage license applications from same-sex couples until the South Carolina Supreme Court, in response to a request by the Attorney General, ordered him to stop. A federal district court ruled South Carolina's ban on same-sex marriage unconstitutional on November 12, with implementation of that decision stayed until noon on November 20. The first same-sex wedding ceremony was held on November 19.

Same-sex marriage has been legally recognized in Pennsylvania since May 20, 2014, when a U.S. federal district court judge ruled that the state's 1996 statutory ban on recognizing same-sex marriage was unconstitutional. Governor Tom Corbett announced the following day that he would not appeal the decision. Pennsylvania had previously prohibited the recognition of same-sex marriage by statute since 1996, but had never added such a ban to its State Constitution.

Same-sex marriage has been legal in Ohio since the U.S. Supreme Court's ruling in Obergefell v. Hodges, a landmark decision in which the court struck down the state's statutory and constitutional bans on same-sex marriage on June 26, 2015. The case was named after plaintiff Jim Obergefell, who sued the state of Ohio after officials refused to recognize his marriage on the death certificate of his husband. Same-sex marriages were performed in Ohio beginning shortly after the Supreme Court released its ruling, as local officials implemented the order.

Same-sex marriage has been legally recognized in West Virginia since October 9, 2014. On July 28, 2014, a ruling by the Fourth Circuit Court of Appeals in Bostic v. Schaefer found Virginia's ban on same-sex marriage unconstitutional. On October 6, 2014, the U.S. Supreme Court denied certiorari in Bostic, allowing the ruling to take effect. As a result, on October 9, 2014, Governor Earl Ray Tomblin announced he was ordering state agencies to act in compliance with the controlling precedent in the Virginia case. Even though West Virginia's ban was not explicitly declared unconstitutional, the Fourth Circuit precedent made it certain the state's statutory ban would be overturned. The state started issuing marriage licenses to same-sex couples that same day. The U.S. District Court for the Southern District of West Virginia officially ruled the state's same-sex marriage ban unconstitutional on November 7, 2014.

<span class="mw-page-title-main">LGBT rights in Iowa</span>

Lesbian, gay, bisexual and transgender (LGBT) rights in the U.S. state of Iowa have evolved significantly in the 21st century. Iowa began issuing marriage licenses to same-sex couples on April 27, 2009 following a ruling by the Iowa Supreme Court, making Iowa the fourth U.S. state to legalize same-sex marriage. Same-sex couples may also adopt, and state laws ban discrimination based on sexual orientation or gender identity in employment, housing and public accommodations.

<span class="mw-page-title-main">LGBT rights in Colorado</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in the U.S. state of Colorado enjoy the same rights as non-LGBT people. Same-sex sexual activity has been legal in Colorado since 1972. Same-sex marriage has been recognized since October 2014, and the state enacted civil unions in 2013, which provide some of the rights and benefits of marriage. State law also prohibits discrimination on account of sexual orientation and gender identity in employment, housing and public accommodations and the use of conversion therapy on minors. In July 2020, Colorado became the 11th US state to abolish the gay panic defense.

<span class="mw-page-title-main">LGBT rights in Idaho</span>

Lesbian, gay, bisexual and transgender (LGBT) people in the U.S. state of Idaho face some legal challenges not experienced by non-LGBT people. Same-sex sexual activity is legal in Idaho, and same-sex marriage has been legal in the state since October 2014. State statutes do not address discrimination based on sexual orientation and gender identity; however, the U.S. Supreme Court's ruling in Bostock v. Clayton County established that employment discrimination against LGBT people is illegal under federal law. A number of cities and counties provide further protections, namely in housing and public accommodations. A 2019 Public Religion Research Institute opinion poll showed that 71% of Idahoans supported anti-discrimination legislation protecting LGBT people, and a 2016 survey by the same pollster found majority support for same-sex marriage.

This article contains a timeline of significant events regarding same-sex marriage in the United States. On June 26, 2015, the landmark US Supreme Court decision in Obergefell v. Hodges effectively ended restrictions on same-sex marriage in the United States.

Same-sex marriage has been legal in North Dakota since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, which invalidated state bans on same-sex marriage throughout the United States. Previously, North Dakota had restricted marriage to the "union of one man and one woman" both by statute and in its State Constitution.

Same-sex marriage has been legal in South Dakota since June 26, 2015 when the U.S. Supreme Court ruled in Obergefell v. Hodges that the U.S. Constitution guarantees same-sex couples the right to marry. Attorney General Marty Jackley issued a statement critical of the ruling but said South Dakota is obligated to comply and the state would recognize same-sex marriages.

Same-sex marriage has been legal in Tennessee since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Governor Bill Haslam quickly announced that the state would abide by the court's decision, and same-sex couples began to marry in Tennessee. Previously, Tennessee had banned same-sex marriage both by statute and its State Constitution.

Same-sex marriage has been legal in Virginia since October 6, 2014, following the decision of the U.S. Supreme Court not to hear an appeal of the Fourth Circuit Court of Appeals' ruling in Bostic v. Schaefer. Same-sex marriages subsequently began at 1:00 p.m. on October 6 after the Fourth Circuit issued its mandate, and since then Virginia has performed legal marriages of same-sex couples and recognized out-of-state same-sex marriages. Previously, the state had passed a statute prohibiting same-sex marriage in 1975, and further restrictions were added in 1997 and 2004, which made "void and unenforceable" any arrangements between same-sex couples bestowing the "privileges or obligations of marriage". Voters approved an amendment to the Constitution of Virginia reinforcing the existing laws in 2006. On January 14, 2014, a U.S. district court judge ruled in Bostic that Virginia's statutory and constitutional ban on the state recognition of same-sex marriages were unconstitutional, a decision upheld by the Fourth Circuit on July 28, 2014.

Same-sex marriage has been legal in Georgia since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015. Attorney General Sam Olens announced that Georgia would "adhere to the ruling of the Court", and the first couple married just one hour after the ruling was handed down. Previously, Georgia had banned same-sex marriage both by statute and its State Constitution.

In the United States, the history of same-sex marriage dates from the early 1940s, when the first lawsuits seeking legal recognition of same-sex relationships brought the question of civil marriage rights and benefits for same-sex couples to public attention though they proved unsuccessful. However marriage wasn't a request for the LGBTQ movement until the Second National March on Washington for Lesbian and Gay Rights in Washington (1987). The subject became increasingly prominent in U.S. politics following the 1993 Hawaii Supreme Court decision in Baehr v. Miike that suggested the possibility that the state's prohibition might be unconstitutional. That decision was met by actions at both the federal and state level to restrict marriage to male-female couples, notably the enactment at the federal level of the Defense of Marriage Act.

References

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  37. ↑ WY HB0167 | 2018 | Budget Session
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