Posted on 10/20/2014 7:00:02 AM PDT by Alter Kaker
Gay couples in Wyoming will soon be allowed to marry after a federal judge on Friday struck down a state ban on same-sex nuptials and defendants in the case, including Gov. Matt Mead, announced they will not appeal.
"I’ve never been prouder to be a Wyomingite," said Jeran Artery, who led the fight to legalize gay marriage through his work with Wyoming Unites for Marriage and Wyoming Equality.
Gay couples are expected to start marrying in the next week. Some visited county clerk's offices Friday to begin the paperwork for marriage licenses.
Other couples are relishing the thought that their marriages performed out of state will soon be recognized in Wyoming.
"I had a message today from a woman I know who is a lesbian who thanked Carl and me for giving her and her partner some legitimacy,” said Rob Johnston, a Casper man who married his partner, Carl Oleson, in 2010 in Canada. “To me, that's what this is all about. And to give kids hope so that if they want to get married to somebody of the same gender, they can."
Johnston and Oleson were one of four same-sex couples who joined with Wyoming Equality in legal action against the state.
U.S. District Judge Scott W. Skavdahl of Casper released his order at 1:30 p.m., noting that gay couples' constitutional rights were being violated.
“The court understands that every day where same-sex couples are denied their constitutional rights is another day filled with irreparable harm,” Skavdahl wrote. “But it is at least equally important that all same-sex marriages carry the same prominence and finality that attend opposite-sex marriage, including the various obligations and liabilities incumbent within the marital relationship.”
Skavdahl put his ruling on hold until 5 p.m. Thursday or until all defendants have filed notice that they will not appeal the order.
A little more than an hour after Skavdahl’s order was filed with the court, the Laramie County attorney filed a notice with the court that Laramie County Clerk Debra Lathrop, also a defendant in the case, will not appeal Skavdahl's order.
No appeal
Hours later, Mead’s office released a statement that said Attorney General Peter Michael, who is appointed by the governor, had advised that an appeal would be unlikely to succeed.
“This result is contrary to my personal beliefs and those of many others,” Mead said in the statement. “As in all matters, I respect the role of the courts and the ruling of the court.”
Michael will file notice with the court that the state will not appeal before Thursday, Mead’s statement said.
Skavdahl’s order came a day after a federal court hearing in Casper where gay marriage advocates asked the judge to comply with the Denver-based 10th Circuit Court of Appeals, which determined that marriage is a fundamental right.
The plaintiffs filed suit Oct. 7, a day after the U.S. Supreme Court declined to hear cases from five states wanting to ban same-sex marriage, allowing the lower court ruling to be the law. Two of the states, Oklahoma and Utah, are in the 10th Circuit.
The 10th Circuit concluded that marriage bans violate the due process and equal protection clauses of the U.S. Constitution.
Skavdahl wrote that his court is bound to apply and follow the 10th Circuit precedent.
The judge rejected arguments from attorneys for the state, who said an abrupt ruling would interfere with the work of countless agencies and local government.
“However, the fact is state defendants failed to offer even a scintilla of evidence to support their assertion that a preliminary injunction would cause such administrative nightmares,” Skavdahl wrote in his order. “At the preliminary injunction hearing, state defendants offered no exhibits and called no witnesses to testify.
"The record in this case is utterly devoid of anything beyond conjecture or speculation supporting state defendants’ claims that the state will suffer ‘severe impact’ and a ‘profound change to the state’s and local authorities’ administration of government.'”
Supporters react
“We’re thrilled the judge made the right call,” said plaintiff attorney James Lyman, of Denver firm Arnold and Porter.
Two additional cases over same-sex marriage are in state court in Laramie County. They likely will not proceed because of Skavdahl’s decision.
Lyman said he will know soon how he and other attorneys will proceed with those cases.
Wyoming is now the 32nd state to allow same-sex marriages, Lyman said.
Plaintiffs Shelly Montgomery and Brie Barth, of Carpenter, said they will pick up their marriage license as soon as they can.
Between them, there are six children, and they’re still finalizing the details of when they will walk down the aisle.
“This means so much for our family,” Montgomery said. “It means we are afforded those protections that every other family has now.”
Those protections include the inheritance rights and the right for a spouse to make medical decisions.
Wyoming was not part of the Oct. 6 Supreme Court decision. However, it was part of a group of six states that were nonetheless affected because they are in circuit court districts that had legalized gay marriage, said Chris Stoll, senior staff attorney for the National Center for Lesbian Rights, which also represented the plaintiffs.
“The judge here was bound by the 10th Circuit’s ruling,” Stoll said of Skavdahl. “His ruling was very much based on that.”
Acceptance of applications
Natrona County Clerk Renea Vitto, who was not involved in the litigation, said she would accept couples' applications now.
"We don’t have the updated form yet, so if they want the application now, the form reads 'bride' and 'groom,' and the couple would have to decide how to fill that out," she said. "At this point, what I would do is take their applications, hold them and not issue the actual licenses until the 23rd or until Judge Skavdahl says no more appeals have been filed."
Wyoming, nicknamed the Equality State, has had a troubled history with gay acceptance. The state made headlines in 1998 after Matthew Shepard, a gay University of Wyoming college student, was fatally beaten.
Shepard’s parents, Dennis and Judy Shepard, were in Skavdahl’s courtroom Thursday watching the proceedings.
Jason Marsden, executive director of the Matthew Shepard Foundation, congratulated Wyomingites who will soon get married.
“My husband and I met, fell in love, owned a home and devoted years to public service in Wyoming, but we were never able to solemnize our commitment as marriage during our years in the Equality State,” Marsden posted on Facebook. “Nor was our friend Matt Shepard able to see the day his home state would live up to its nickname. But while this came too late for some of us, it’s far better than never. And it will make a huge difference for a lot of our fellow human beings.”
Wyoming towns have shown signs recently of becoming increasingly supportive of lesbian, gay and transgendered people. In Lander this summer, a gay pride picnic drew about 250 people. Organizers said at the time that it was larger than similar events held in Casper and Cheyenne.
“We were all really surprised by the turnout,” said Curtis Tronolone, a gay man and one of the organizers of the event. “There is kind of a dichotomy in Lander between the (National Outdoor Leadership School) crowd and everyone else.
"What surprised me was the diversity of the crowd. It wasn’t just the NOLS crowd. It was great to see that other side of the community. I felt it was true representation of Lander as a town completely.”
We’ve lost.
We really need a list of judges with their addresses so people can protest and call them. The oligarchy is the problem. They truly answer to no one.
Hooray! Let the arresting of Pastors begin!
“I had a message today from a woman I know who is a lesbian who thanked Carl and me for giving her and her partner some legitimacy,” said Rob Johnston”
Another idiot that needs the government to give them “legitimacy”.
“The court understands that every day where a man is denied his constitutional right to stick his penis in another man’s butt hole is another day filled with irreparable harm,”
Don’t worry. This kind of thing happened with Roe V Wage and there is a much stronger argument to be made in defense of religious and person liberty as the gaystapo over play their hand which they did not win at the ballot box. The majority of the world is not with Western Nations on this and its one case where I’m thankful for our enemies. This is just one more over reach which will push this nation towards a breakup.
Or, more accurately, Wyoming is now the 32nd state in which the will of its citizens is meaningless.
In the short term, I am interested in seeing what kind of backlash there is on Nov. 4.
This was entirely predictable with the composition of the SCOTUS especially Kennedy from day 1. The only question is whether the Pro-SSM will go a prefect 11-0 in the Federal Circuit Courts meaning there will not even be a need for a final coup d’grace from the SCOTUS.
In Wyoming...of all places.
So, uh...what’s next from the federal “judiciary”?
Fulfilling NAMBLA’s wish list?
Hand over your boys to the sweating, drooling deviant of their choice?
If this kind of usurpation keeps up, we'll need that list for a lot more than just calling and protesting.
Maybe you have, but those of us who understand that these people are fighting the laws of nature and nature's God, and therefore for cannot possibly "win," have not.
And if the citizenry is merely dictated to by the Krytocracy, or the Bureaucracy, are they part of a free society?
“Federal Judge Strikes Down Gay Marriage Ban in Wyoming “
Federal judge strikes down Kentucky’s ban on gay marriage ^
Federal judge strikes down Oregon’s ban on gay marriage ^
Federal judge strikes down Texas gay marriage ban ^
Federal judge strikes down Va. ban on gay marriage ^
A cursory FreepSearch yielded these thread titles.
It would appear that Federal Judges...are now running iour Nation
Our independent judiciary dancing to the tune of its masters back in DC.
Contrast. NC's amendment was shot down just before the Columbus Day weekend. Government offices were closed on Columbus Day, as normal, except for the Register of Deeds. That office was writing marriage licenses for gay couples as fast as they could before an appeal or injunction could be brought to bear. I contrast this with places where the left has lost (like DC and Chicago with gun laws)... it takes months and even years before citizens are allowed to exercise their rights.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.
