Same-sex marriage may soon obtain legal status in Wyoming. Recently the United States Supreme Court refused to hear a case regarding same sex marriage, effectively validating the decision made by the Court of Appeals. This decision affects the state of Wyoming as a member of the 10th Circuit Court. While not a definitive ruling on the matter, allowing the 10th Circuit decision to stand essentially paves the way for same sex marriages in the state.
The 2013 Supreme Court case United States v. Windsor created the basis for the Circuit Court rulings, when the court found applying marriage rights exclusively to heterosexual couples unconstitutional under the Due Process Clause of the Fifth Amendment.
While this ruling did not directly affect states with same-sex marriage bans, it created precedent for district judges to overturn state laws and constitutions. This was predicted by Supreme Court Justice Antonin Scalia in his dissent, “As far as this Court is concerned, no one should be fooled; it is just a matter of listening and waiting for the other shoe.” In this he meant that while the Supreme Court did not make a deliberate ruling regarding same-sex marriage as constitutional, the majority decision allows lower courts to act as if they did.
On Oct. 6th, 2014, the circuit rulings were essentially upheld by the Supreme Court’s refusal to take appeals of the decisions. Lawsuits from Indiana, Wisconsin, Virginia, Oklahoma and Utah were not heard.
It is important to note the Supreme Court did not make a ruling on the most recent cases. Some LGBT activists are upset by this, but acknowledge progress. The lack of ruling only affects states in the relevant circuits, meaning some states may maintain their marriage bans until a ruling says otherwise.
The lack of ruling keeps same-sex marriage in a legal gray area on the national level that the Supreme Court may not intend. However they are not legally required to take up a case, and may leave the issue alone until a split occurs on the circuit level, which would certainly demand the Supreme Court’s attention. If such a split does not occur, same-sex marriage may eventually be legal in all 50 states without a Supreme Court ruling.
Wyoming’s situation is hazy for the meantime. Governor Matt Mead has pledged to defend Wyoming’s marriage ban and some county clerk offices are withholding certificates while awaiting definitive instructions from the state, as they do not wish to issue marriage licenses that may be shortly revoked.
However, barring a Supreme Court ruling due to a circuit court split, Gov. Mead has little option in appeal. His current strategy involves using the state court system which would allow Wyoming some wiggle room, but success would not survive a direct Supreme Court ruling. Several private lawsuits have been filed regarding his position with the intention of accelerating the equal marriage process. US District Court Judge Scott Skavdahl has scheduled a hearing for October 16; meaning Wyoming couples may not have long to wait.
While same-sex marriage is an unpopular issue in Wyoming, the 10th Circuit ruling makes the state conform to a majority of the country. According to a 2013 Public Policy Polling survey, 57 percent of Equality State residents are against same-sex marriage, with the United States population as a whole skewing the other way.
While no scientific polls were available specific to Wyoming millennials, a 2013 Washington Post national poll puts 81% of young adults aged 18-29 in support of same-sex marriage. Currently, 30 of 50 states permit equal marriage, with six more under state court stays or the Fifth and Sixth Circuit Courts. Currently, over 50 percent of the U.S. population now lives in a state with pending or already legal same sex marriage.
