By JAMES CHILTON
October 21, 2014
Wyoming Tribune Eagle
CHEYENNE – The countdown is underway.
Same-sex marriage will be legal in the Cowboy State shortly after 10 a.m. today.
That’s when Wyoming’s attorney general, Peter Michael, intends to file a notice in U.S. District Court. It will say that the state will not appeal a judge’s order overturning its ban on same-sex ceremonies.
Last Friday, U.S. District Judge Scott Skavdahl ruled that the state’s ban on gay marriage violates the U.S. Constitution. He said that was in keeping with an earlier ruling from the Tenth Circuit Court of Appeals, which holds jurisdiction over Wyoming.
Skavdahl had ordered a temporary stay on his ruling until 5 p.m. Thursday or until the state formally filed notice that it would, or would not, appeal the ruling.
In a release issued Monday, Michael said that Skavdahl’s order, in addition to earlier such decisions in Utah and Oklahoma, “have left Wyoming with few legal options.”
He added that after reviewing the law and the judge’s decision, he concluded, “further legal process will result in delay but not a different result.”
Michael’s office said that as soon as the notice is filed with the court, “Judge Skavdahl’s order will go into effect immediately.”
That means the Laramie County clerk will be required to issue marriage licenses to couples “without regard to whether the applicants are a same-sex couple.”
Although other clerks in Wyoming were not part of the litigation that led to Skavdahl’s ruling, Michael anticipated that marriage licenses would be available to couples in all 23 counties.
Laramie County Clerk Debbye Lathrop said she plans to call the same-sex couples who already have applied for marriage licenses through her office to inform them that they may get them today.
“As long as we have contact information, we will notify them if indeed notification is made at 10 a.m. (this) morning,” Lathrop said.
By Monday afternoon, news of the attorney general’s decision had spread among those advocating for same-sex marriage.
Jeran Artery is chairman of Wyoming Equality. He said his organization is working to draft information on what benefits will be available to same-sex couples who marry and how longtime unmarried couples can incorporate those benefits into their married lives.
“We’re working on compiling a Q&A on next steps we can get out to everybody – how you update your insurance policies, beneficiary designations, all that kind of stuff,” Artery said.
“My partner, Mike, was home at lunch today doing open enrollment for insurance plans for the next year. And for the first time ever, he realized we don’t have to double pay on health insurance.”
Because same-sex marriage has been a reality in some states for years, Artery said he is hopeful it won’t take long for Wyoming to work out the legal and financial ramifications, using those earlier states as a model.
“I’m hearing from couples who have been married legally in other jurisdictions. They want to know, ‘What does this mean for us? How do we get our marriage recognized here?'” Artery said.
“I’m really hoping that the transition is fairly smooth. We’ve had freedom to marry in Massachusetts for 10 years, so I’m hoping we don’t have to reinvent the wheel.”
While several local same-sex couples have decided to hold off on marrying immediately, at least one is expected to exchange vows today.
A.J. McDaniel and Jennifer Mumaugh have been together for four years, and they were plaintiffs in the federal case on which Skavdahl ruled.
The couple say they plan to be one of the first couples in the state to be formally married this morning, though the two were united in a religious ceremony at the Unitarian Universalist Church of Cheyenne on Oct. 11.
“It has been something very important to my family and me,” McDaniel said. “It feels amazing that people are finally starting to realize that everybody should be equal, regardless of your orientation or race or status quo.”
As a transgender, McDaniel was born female but identifies as a male. For that reason, McDaniel said Skavdahl’s ruling was important in paving the way to marrying Mumaugh.
“In order to change my gender marker, I’d have to go through surgeries, so I’m still legally a female,” McDaniel said.
“We have two teenagers, a 14- and 15-year-old, and we just had an addition, a 4-month-old. Right now I have no legal rights to the 4-month old, but this has opened the door for me adopting.”
McDaniel and Mumaugh plan to be wed by Unitarian pastor Audette Fulbright. She will be on hand all week to officiate for any same-sex couples interested in marrying right away.
“We’re going to be at the courthouse at 10,” Fulbright said. “If other people want to do it, I’ll be at the courthouse.”
https://www.wyomingnews.com/news/gay-marriages-to-begin-in-wyo/article_1ecf668a-2103-5b0e-a0d1-2846a93a1fce.html