Gay Marriage in Limbo in Wyoming

This order came despite a historic U.S. Supreme Court ruling earlier in the day that seemingly opens the path to legalizing same-sex marriage in Wyoming and several other states.

The nation’s high court surprised many legal watchers Monday by refusing to hear appeals from five states – Indiana, Oklahoma, Utah, Virginia and Wisconsin – that were fighting to continue their same-sex marriage bans.

That decision legalized gay marriage in those states by upholding lower court decisions.

And many experts and same-sex marriage proponents say the ruling also should apply to Wyoming, Colorado, Kansas, North Carolina, South Carolina and West Virginia.

That is because they are bound to appellate rulings from cases stemming from the five other states.

The U.S. 10th Circuit Court of Appeals, for example, has jurisdiction over Wyoming, Colorado, Kansas, New Mexico, Oklahoma and Utah.

And, traditionally, a ruling in an appeals court is the law of the land for all the states within its jurisdiction.

Earlier this year, the 10th Circuit Court ruled in favor of gay marriage supporters in Utah and Oklahoma. Those two rulings were put on hold so the U.S. Supreme Court could weigh in – and both of those stays were lifted Monday.

Some other 10th Circuit states, including Colorado, announced they would begin allowing same-sex marriage in wake of the decision. In fact, parts of Colorado began issuing the marriage licenses on Monday.

But Mead said the U.S. Supreme Court’s decision has “no impact” on a separate court case that challenges Wyoming’s state law that limits marriages to being between a man and a woman.

“The attorney general will continue to defend Wyoming’s Constitution defining marriage between a man and a woman,” he said in a statement.

“The case procedure and deadlines previously identified (in the lawsuit challenging Wyoming’s law) are not affected by the Supreme Court ruling.”

Wyoming Equality, a statewide organization that advocates for same-sex marriage, and four same-sex couples sued Mead and other state officials earlier in the year in an effort to force the state to overturn its ban.

The case, Courage v. Wyoming, is before Laramie County District Court Judge Thomas Campbell. Arguments have been set for Dec. 15.

Unlike the other cases in the 10th Circuit, Wyoming has a state law, rather constitutional amendment, that prohibits same-sex marriage. That means there has been no court ruling that directly addresses Wyoming’s law.

But lawyers for the same-sex couples in Wyoming’s case said Monday’s decision should cause the state to legalize same-sex marriage as soon as possible.

“The governor is bound to support, uphold and follow the U.S. Constitution by the oath of office he had to take, and due to that, he is required to recognize the authority of the 10th Circuit,” said James Lyman.

He is an attorney representing the plaintiffs in Courage v. Wyoming.

“Unfortunately, the governor is deciding to ignore the 10th Circuit and the fundamental right to marriage that applies to same-sex couples in Wyoming,” Lyman added.

He went on to say that Mead’s statement “shows a lack of knowledge about what the issues are.” He noted that Wyoming defines marriage in state statute and not in the constitution as the governor said in his statement.

The governor’s office did not respond to a request to clarify his statement.

Lyman said the legal team is exploring all avenues. That includes asking Campbell to expedite the process as well as seeking a federal court order to bring same-sex marriage to the state.

He said they should know their legal strategy in the next 72 hours.

Jeran Artery is executive director of Wyoming Equality, a group that advocates for gay marriage. He also said he is disappointed in Mead’s decision.

But he added that the group believes it is a matter of when, not if, same-sex couples will be able to marry in Wyoming.

“It has become very clear to us that freedom to marry is coming to Wyoming sooner rather than later,” Artery said.

“I don’t know if it will be today, tomorrow or next week, but for the governor to say that (Monday’s) decision has no bearing on same-sex couples in Wyoming is really a surprise, especially coming from an attorney.”

Rep. Cathy Connolly, D-Laramie, the only openly gay member of Legislature, also expressed her frustration with Mead.

She said he is just stalling the inevitable, and she predicted any federal judge now would rule that same-sex couples can get married in the state.

“I’m really disappointed in the governor for his failure to recognize and publicly stand up and say it’s time to move on because our gay and lesbian citizens are equal to their heterosexual counterparts,” she said.

“Stand up, be a man and say it honestly.”

Meanwhile, the lack of clarity on the ruling caused confusion throughout the day for same-sex couples and the county clerks who issue marriage licenses.

Cheyenne resident Jennifer Mumaugh spent much of Monday wondering whether the news would mean that she and her partner, AJ McDaniel, finally can get married.

“AJ was blowing up my phone about the news,” she said. “We were trying to weed through all the information because we were hearing different information everywhere.”

The couple has been engaged for about two years. And even before Monday’s news, they were planning an unofficial and non-legally binding ceremony at Unitarian Universalist Church of Cheyenne to mark their commitment to each other.

But Mumaugh said having it be official would make the day even more special.

“We didn’t want to leave our home state to get married,” she said. “But now, whether we get it done this day or whenever, it looks like it will happen a lot sooner than we previously thought.”

Mumaugh said time is a factor, though.

The couple has a three-month-old son, and Mumaugh said because they are unmarried, they are trying to navigate “all the red tape” so McDaniel can secure legal rights as a parent.

“So this is more than just a piece of paper to us,” she said.

Laramie County Clerk Debbye Lathrop said the ambiguity and conflicting laws have been a problem for clerks across the state.

“We are just waiting for someone to put all these puzzle pieces in line and to tell us what to do,” she said.

Lathrop said a few same-sex couples inquired Monday about getting marriage licenses. But they were shown a piece of paper by the clerk that explains their offices cannot process the requests at this time.

The letter reads: “As a county clerk, I lack the authority to either interpret the conflicting statutes or render a determination about their validity under the state constitution,”

Shannon Minter has been involved with Wyoming’s case as the legal director for the National Center for Lesbian Rights. He said same-sex couples are essentially in a state of “limbo” for the time being.

But he added that it’s just a waiting game until Wyoming’s 37-year-old gay marriage ban is no more. And he said the significance cannot be overstated.

“This is the most important court ruling that has come down yet,” he said. “This is one of the most historic days in the history of gay rights.

But other groups are mobilizing to oppose the Supreme Court ruling.

Brian S. Brown is president of the National Organization for Marriage. He said it is “illegitimate” for the definition of marriage to be changed through the courts.

“We call upon Americans vigorously to contest this development by turning to the political process, starting with the upcoming mid-term elections,” he said in a statement.

“We urge voters to hold politicians accountable and demand to know if they will accept the illegitimate act of attempting to redefine marriage or whether they will stand with the American people to resist.”

https://www.wyomingnews.com/news/gay-marriage-in-limbo-in-wyo/article_ffa3c14d-5865-534e-8b41-9ec217d57e9f.html