LGBT rights in Wyoming
Encyclopedia
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S.
state of Wyoming may face some legal challenges not experienced by non-LGBT
residents. Same-sex sexual activity is legal in Wyoming
, but same-sex couples and families headed by same-sex couples are not eligible for all of the same protections available to opposite-sex married couples.
have interpreted this discrepancy as allowing state recognition of out-of-state same-sex marriages.
However, the federal Defense of Marriage Act
relieves the states of the obligation to recognize same-sex marriages obtained in other jurisdictions. National gay-rights organizations, including the Human Rights Campaign
, Freedom to Marry
, National Center for Lesbian Rights
, and National Gay and Lesbian Task Force
, all state that Wyoming does not provide "any form of statewide relationship recognition for same-sex couples."
.
In 2009, the House considered an amendment to the state constitution, House Joint Resolution 17 (aka the "Defense of Marriage" resolution), defining marriage as a union between a man and a woman. After an intense, emotional debate on the matter, the measure was defeated in a vote by the full House on February 6, with 35 votes against and 25 in favor.
On January 24, 2011, the House passed a bill that would prohibit the state from recognizing same-sex marriages performed outside the state. On February 18, it was passed by the Senate. Now, the bill goes back to the House, because of minor amendment. Ultimately, the bill died.
On January 27, 2011, the Senate approved, by 2/3 majority, a constitutional amendment banning same-sex marriage. However, it died in the House.
On January 28, 2011, the House Judiciary Committee voted down the bill legalizing civil unions.
reversed the lower court and, for the purpose of divorce only, equated same-sex marriages legally solemnized in another jurisdiction to common-law marriages
. Its decision in the case of Christiansen v. Christiansen said: "Nothing in this opinion should be taken as applying to the recognition of same-sex marriages legally solemnized in a foreign jurisdiction in any context other than divorce. The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day."
In 2010, A gay couple from Cheyenne
filed a federal lawsuit challenging the Wyoming law that defines marriage as existing only between a man and a woman. David Shupe-Roderick, 25, and Ryan Dupree, 21, filed the lawsuit Aug. 13 after the Laramie County Clerk's Office refused to issue them a marriage license. However, on September 10, the couple dropped their suit, saying only that "circumstances had changed." The Advocate
reported that "the two men were representing themselves in the case, although neither is a lawyer."
based on sexual orientation
or gender identity
. On January 31, 2011, the state House rejected a bill banning such discrimination.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
state of Wyoming may face some legal challenges not experienced by non-LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
residents. Same-sex sexual activity is legal in Wyoming
Wyoming
Wyoming is a state in the mountain region of the Western United States. The western two thirds of the state is covered mostly with the mountain ranges and rangelands in the foothills of the Eastern Rocky Mountains, while the eastern third of the state is high elevation prairie known as the High...
, but same-sex couples and families headed by same-sex couples are not eligible for all of the same protections available to opposite-sex married couples.
Law regarding same-sex sexual activity
Same-sex sexual activity has been legal in Wyoming since February 1977. The age of consent is equal at 18.Recognition of same-sex relationships
Wyoming does not allow same-sex couples to marry in the state. Wyoming law (Wyo. Stat. Ann. §20-1-101, 2003) states, "Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential." Wyoming law also states that "All marriage contracts which are valid by the laws of the country in which contracted are valid in this state," and does not specifically exempt same-sex marriages from that recognition.(Wyo. Stat. Ann. §20-1-111) Some out-of-state journalists writing for the Associated PressAssociated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
have interpreted this discrepancy as allowing state recognition of out-of-state same-sex marriages.
However, the federal Defense of Marriage Act
Defense of Marriage Act
The Defense of Marriage Act is a United States federal law whereby the federal government defines marriage as a legal union between one man and one woman. Under the law, no U.S. state may be required to recognize as a marriage a same-sex relationship considered a marriage in another state...
relieves the states of the obligation to recognize same-sex marriages obtained in other jurisdictions. National gay-rights organizations, including the Human Rights Campaign
Human Rights Campaign
The Human Rights Campaign is the United States' largest LGBT advocacy group and lobbying organization; according to the HRC, it has more than one million members and supporters...
, Freedom to Marry
Freedom to Marry
Freedom to Marry is a non-profit organization leading the campaign for same-sex marriages to be recognized nationwide in the United States of America...
, National Center for Lesbian Rights
National Center for Lesbian Rights
The National Center for Lesbian Rights is a national non-profit, public interest law firm that advocates for equitable public policies affecting the LGBT community, provides free legal assistance to LGBT clients and their legal advocates, and conducts community education on LGBT legal issues. It...
, and National Gay and Lesbian Task Force
National Gay and Lesbian Task Force
The National Gay and Lesbian Task Force builds the political power of the lesbian, gay, bisexual and transgender community from the ground up. The Task Force is the country’s premier social justice organization fighting to improve the lives of LGBT people, and working to create positive, lasting...
, all state that Wyoming does not provide "any form of statewide relationship recognition for same-sex couples."
Legislative history
On February 22, 2007, a bill to prohibit Wyoming from recognizing same-sex marriages from other states was defeated by one vote in a committee of the Wyoming House of RepresentativesWyoming House of Representatives
The Wyoming House of Representatives is the lower house of the Wyoming State Legislature. There are 60 Representatives in the House, representing an equal amount of single-member constituent districts across the state, each with a population of at least 9,000. The House convenes at the Wyoming...
.
In 2009, the House considered an amendment to the state constitution, House Joint Resolution 17 (aka the "Defense of Marriage" resolution), defining marriage as a union between a man and a woman. After an intense, emotional debate on the matter, the measure was defeated in a vote by the full House on February 6, with 35 votes against and 25 in favor.
On January 24, 2011, the House passed a bill that would prohibit the state from recognizing same-sex marriages performed outside the state. On February 18, it was passed by the Senate. Now, the bill goes back to the House, because of minor amendment. Ultimately, the bill died.
On January 27, 2011, the Senate approved, by 2/3 majority, a constitutional amendment banning same-sex marriage. However, it died in the House.
On January 28, 2011, the House Judiciary Committee voted down the bill legalizing civil unions.
Judicial history
In November 2010, a district judge ruled that he lacked jurisdiction to grant a divorce to a lesbian couple who married in Canada in 2006. On June 6, 2011, the Wyoming Supreme CourtWyoming Supreme Court
The Wyoming Supreme Court is the highest court in the U.S. state of Wyoming. The Court consists of a Chief Justice and four Associate Justices. Each Justice is appointed by the Governor of Wyoming for an eight-year term. The five Justices select the Chief Justice from amongst themselves. The person...
reversed the lower court and, for the purpose of divorce only, equated same-sex marriages legally solemnized in another jurisdiction to common-law marriages
Common-law marriage in the United States
Common-law marriage in the United States was affirmed by the United States Supreme Court in Meister v. Moore , which ruled that Michigan had not abolished common law marriage merely by producing a statute establishing rules for the solemnization of marriages...
. Its decision in the case of Christiansen v. Christiansen said: "Nothing in this opinion should be taken as applying to the recognition of same-sex marriages legally solemnized in a foreign jurisdiction in any context other than divorce. The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day."
In 2010, A gay couple from Cheyenne
Cheyenne
Cheyenne are a Native American people of the Great Plains, who are of the Algonquian language family. The Cheyenne Nation is composed of two united tribes, the Só'taeo'o and the Tsétsêhéstâhese .The Cheyenne are thought to have branched off other tribes of Algonquian stock inhabiting lands...
filed a federal lawsuit challenging the Wyoming law that defines marriage as existing only between a man and a woman. David Shupe-Roderick, 25, and Ryan Dupree, 21, filed the lawsuit Aug. 13 after the Laramie County Clerk's Office refused to issue them a marriage license. However, on September 10, the couple dropped their suit, saying only that "circumstances had changed." The Advocate
The Advocate
The Advocate is an American LGBT-interest magazine, printed monthly and available by subscription. The Advocate brand also includes a web site. Both magazine and web site have an editorial focus on news, politics, opinion, and arts and entertainment of interest to LGBT people...
reported that "the two men were representing themselves in the case, although neither is a lawyer."
Divorce
On June 6, 2011, the Supreme Court of Wyoming unanimously reversed a district court decision, allowing two Wyoming women who were married in Canada in 2008 to get a divorce. However, the court tailored its ruling only to the question of divorce, saying "Nothing in this opinion should be taken as applying to the recognition of same-sex marriages legally solemnized in a foreign jurisdiction in any context other than divorce. The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day.”Discrimination protections
There are no laws banning discriminationDiscrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
based on sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
or gender identity
Gender identity
A gender identity is the way in which an individual self-identifies with a gender category, for example, as being either a man or a woman, or in some cases being neither, which can be distinct from biological sex. Basic gender identity is usually formed by age three and is extremely difficult to...
. On January 31, 2011, the state House rejected a bill banning such discrimination.
Hate crimes legislation
Wyoming does not have hate crimes legislation to add extra penalties for violence based on anti-LGBT motives. It should be noted, however, that Wyoming is one of the few states in the U.S. that does not have any laws on the books to add extra penalties for hate crimes of any kind.See also
- Politics of Wyoming
- LGBT rights in the United States