Gay Marriage Coming to the Equality State

But gay marriages are on hold in the state until Thursday, or perhaps earlier.

Skavdahl said his ruling will take effect by 5 p.m. Thursday or when state officials formally tell the court that they will not appeal the order.

Gov. Matt Mead said late Friday afternoon that the state will not appeal the ruling.

He said he will notify the court before Thursday’s deadline.

But the governor’s office did not respond to questions about when the attorney general will file the notice with the court.

Mead did say, however, that he accepts the court’s decision even though he is disappointed by it.

“This result is contrary to my personal beliefs and those of many others,” he said in a statement. “As in all matters, I respect the role of the courts and the ruling of the court.

“While this is not the result I and others would have hoped, I recognize people have different points of view and I hope all citizens agree we are bound by the law.”

The decision

Skavdahl’s decision came a day after a hearing in the Ewing T. Kerr Federal Building in Casper.

Lawyers representing Wyoming Equality and four same-sex couples filed a lawsuit last week seeking a preliminary injunction and temporary restraining order to let Wyoming’s county clerks issue marriage certificates to gay couples as soon as possible.

They argued during the 75-minute hearing that the state’s ban on same-sex marriage is a direct violation of the U.S. Constitution.

In addition, they said gay marriage should be the law of the land in Wyoming following a U.S. Supreme Court decision last week.

The justices chose not to hear appeals from five states – Indiana, Oklahoma, Utah, Virginia and Wisconsin – that were seeking to continue their same-sex marriage bans.

That move effectively upheld lower court decisions that have ruled such bans are unconstitutional.

That included a ruling from the U.S. 10th Circuit Court of Appeals in Denver, which has jurisdiction over Wyoming and five other states in the region.

Skavdahl agreed with that argument.

“Those cases establish a fundamental right to marry a person of the same gender exists, and state laws barring same-sex marriage unconstitutionally infringe upon that right,” he wrote

“The court therefore concludes plaintiffs have made a strong showing that they will succeed in establishing (that Wyoming’s same-sex marriage ban) impermissibly violates their rights guaranteed by the due process and equal protections clauses of the Fourteenth Amendment to the U.S. Constitution.”

Lawyers for the state, meanwhile, conceded during the hearing that they likely would lose on the merits of the case.

But they asked the judge to delay his decision because, they said, approving gay marriage could cause ramifications that could not be changed back if a higher court ultimately rules in favor of the state.

But Skavdahl noted the lack of an argument from the state by writing: “(S)tate defendants failed to offer even a scintilla of evidence to support their assertion that a preliminary injunction would cause such administrative nightmares.”

He added that the state “has not established they will suffer any harm, let alone potential harm that outweighs the harm to plaintiffs’ fundamental rights.”

During Thursday’s hearing, Skavdahl mulled over the magnitude of having a court override a law passed by an elected Legislature “with the stroke of a pen.”

But he wrote Friday that higher interests are at play:

“There is undoubtedly a public interest in having the will of Wyoming’s voters and legislators carried out, but that interest is overridden by the public’s interest in protecting fundamental rights.”

“Tremendous day”

If you had asked Jeran Artery three years ago if he thought gay marriage would be legal in Wyoming by 2014, he would have responded that was unrealistic.

“I can think back to three years ago when we were fighting for our lives in the Legislature to defeat some really ugly anti-gay legislation,” said Artery, who is executive director of Wyoming Equality, a statewide gay-rights group.

“And now how quickly everything has turned.”

Artery said even three weeks ago no one expected a decision to come this fast.

But the U.S. Supreme Court’s decision last week set off a chain of events that has led to it being just days until gay couples can marry in one of the most conservative states in the country.

“It is still a bit surreal, and it’s hard to fathom that this is even happening,” Artery said. “But this is a tremendous and joyous day, and I have never been more proud to be a Wyomingite.”

Artery said he was overwhelmed Friday with text messages and calls from same-sex couples and other proponents of gay marriage who called to join in the celebration.

“It’s amazing that same-sex couples and their families will now be able to enjoy the justice, the freedom, the protections and the rights and responsibilities that come with marriage,” he said. “It’s just tremendous.”

Several other state and local groups applauded Friday’s ruling.

“Gay couples in Wyoming will soon be legally entitled to share the pride and security that comes with a marriage license,” said Jennifer Horvath with the American Civil Liberties Union of Wyoming in a statement. “It is a historic and exciting day in the Equality State.”

What comes next

Chris Stoll is a senior staff attorney with the National Center for Lesbian Rights. He is one of the lawyers representing the same-sex couples from Wyoming in the federal case as well as a mirror state lawsuit that is ongoing.

He said Skavdahl’s ruling does not end the federal lawsuit since it was only a preliminary injunction and temporary restraining order.

Next, he said, the judge will have to issue a final judgment. But Stoll said it is unlikely Skavdahl would rule differently in that decision.

“Based on the ruling (Friday), it seems pretty clear that the judge will also be inclined to issue the final judgment in our favor,” he said.

He said this process typically can take months. But he added that he hopes for an expedited process.

But he said there is still the issue of the state case, Courage v. Wyoming, which is before a Laramie County District Court judge.

Skavdahl wrote in his order that case is “materially” different than the federal one because “Wyoming state courts are not bound by decisions of the Tenth Circuit.”

Stoll said he plans to meet with lawyers with the state to discuss what to do next. But he said it is possible they could jointly ask for that to be dismissed.

That is because that decision in the state case largely will be moot, Stoll said, given the supremacy clause in the U.S. Constitution that says federal laws trump state ones.

Mead noted in his statement that case is still “active.” But he did acknowledge that “any decision by that court would not change the right of same-sex couples to marry.”

Artery said even with Friday’s ruling there is still work to be done to bring real equality for homosexuals and others in the state.

He noted it is still legal for employers to fire workers because they are gay, and residents can be refused housing because of sexual orientation.

“Today was a gigantic victory, and we do need to take a couple days to savor it and celebrate with the ones we love,” Artery said. “But then it is time to get back to work.”

https://www.wyomingnews.com/news/gay-marriage-coming-to-the-equality-state/article_0b472141-410a-57e4-a40a-fbc83e1be09c.html