Friday, U.S. District Court Judge Scott Skavdahl pronounced the same-sex marriage ban in Wyoming unconstitutional, making Wyoming the 32nd state to allow same-sex marriages.
Same-sex couples will be allowed to marry at 10 a.m. today; pending the state of Wyoming’s notice it will not appeal Skavdahl’s decision. Wyoming had one week to appeal; however, Wyoming Attorney General Peter K. Michael said yesterday the state would not do so.
“After reviewing the law and the judge’s decision that binding precedent requires recognition of same-sex marriage, I have concluded that further legal process will result in delay but not a different result,” Michael said in a press release.
Friday’s decision followed the Supreme Court declining to hear appeals on Oct. 6 from Utah and Oklahoma regarding the 10th Circuit Court’s ruling that declared laws against gay marriage within these states were illegal. Ignoring to hear the case implied states within the 10th Circuit, including Wyoming, could not ban same-sex marriages. Wyoming did not recognize the judgment until Skavdahl specifically pinpointed the state on Friday.
Excitement was murmured throughout the Wyoming Equality organization, Jean Artery, who is chairman of the group, said. The pro-gay marriage group, along with four other couples, filed a lawsuit against the state of Wyoming in March to help speed up the process of marriage equality in the state, Artery said.
“I think if you would have asked three weeks ago, I would have thought it would be six months to one year out to winning freedom to marry,” he said. “It will be a tremendous week and great step in the right direction for Wyoming.”
With the state officially recognizing same-sex marriages today, Artery said he expects many couples will be tying the knot, adding that clergy will be available at the courthouse in Cheyenne today.
“I suspect we will see a lot of happy couples – couples that have been waiting for this for a long time,” he said. “This is about loving, committed same-sex couples and their families.”
Melanie Vigil, a graduate student in Public Administration, was directly impacted by the decision. As a lesbian, she said it was very important to her to marry in Wyoming, which she considers her “home state,” adding that after a long battle for marriage equality, the ruling was emotional for her.
“I never wanted to get married in New York or Iowa. I’ve always wanted to get married amongst my family and friends here in the Cowboy State,” she said.
Moving forward, marriage equality advocates will now seek non-discriminatory policies towards same-sex couples in Wyoming, Artery said, noting people can still be fired in the work place for being openly gay. He expects a bill encompassing same-sex anti-discrimination policies will likely be proposed in the 2015 legislature.
“We don’t want people to run out and get married, put a wedding picture on their desk and then they get fired for it,” he said.
Non-discrimination legislation will push Wyoming to not only provide equal access to employment, but also housing and public accommodations, as well, Will Welch, engineering post-doctoral researcher and former UW Queer Advocacy Network leader, said.
The legalities involved in finalizing same-sex marriages in the state should not be a difficult process, Artery said. Using Massachusetts as an example, a state that has allowed gay marriage for 10 years, Wyoming can easily follow its lead in regards to insurance, beneficiary designation, pension plans and other new issues..
The UW College Republicans did not respond to questions by press time; however, the group President Andrew Server did say the organization aligns itself with the state Republican Party.
“The Wyoming Republican Party believes that the definition of marriage is the union of one man to one woman,” Server said. “This is not to say that it is the beliefs of our members, but it is the belief that the club as a whole will refer to.”
As of today, the Wyoming Republican’s platform will no longer be used as state law.
“It is historical and it’s exciting to me that Wyoming history books are being re-written as we speak,” Artery said. “Finally, justice equality and freedom are coming to very many more Wyoming families that didn’t have those freedom and protection just a week ago.”
