LGBT rights in Wyoming

LGBT rights in Wyoming
Wyoming (USA)
Same-sex sexual activity legal?	Legal since 1977
Gender identity/expression	-
Recognition of relationships	No
Restrictions:	Wyo. Stat. Ann. §20-1-101, 2003 limits marriage to man/woman
Adoption	-
Discrimination protections	None (see below)

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.

Law regarding same-sex sexual activity

Same-sex sexual activity has been legal in Wyoming since February 1977.^[1] The age of consent is equal at 18.^[2]

Recognition of same-sex relationships

Wyoming does not allow same-sex couples to marry in the state.^[3] 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."^[4] 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)^[5] Some out-of-state journalists writing for the Associated Press have interpreted this discrepancy as allowing state recognition of out-of-state same-sex marriages.^[6][7][8]

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."^{[9][10][11][12]}

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 Representatives.^[13]

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.^[14]

On January 24, 2011, the House passed a bill that would prohibit the state from recognizing same-sex marriages performed outside the state.^[15] On February 18, it was passed by the Senate. Now, the bill goes back to the House, because of minor amendment.^[16] Ultimately, the bill died.^[17]

On January 27, 2011, the Senate approved, by 2/3 majority, a constitutional amendment banning same-sex marriage.^[18] However, it died in the House.^[19]

On January 28, 2011, the House Judiciary Committee voted down the bill legalizing civil unions.^[20]

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.^[21] On June 6, 2011, the Wyoming Supreme Court 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."^[22]

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.^{[23][24][25][26][27][28]} 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."^[29]

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.”^[30][31]

Discrimination protections

There are no laws banning discrimination based on sexual orientation or gender identity. On January 31, 2011, the state House rejected a bill banning such discrimination.^[32]

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

	LGBT portal
	Wyoming portal

• Politics of Wyoming
• LGBT rights in the United States

References

1. ^ William N. Eskridge, Dishonorable Passions: Sodomy Laws in America, 1861-2003 (NY: Penguin Group, 2008), 201n, available online, accessed April 10, 2011
2. ^ TITLE 6 - CRIMES AND OFFENSES
3. ^ Wyoming
4. ^ Wyoming Marriage/Relationship Recognition Law
5. ^ http://legisweb.state.wy.us/statutes/statutes.aspx?file=titles/Title20/Title20.htm Wyoming Statutes online
6. ^ http://www.kulr8.com/news/wyoming/101430989.html
7. ^ http://www.gaylesbiantimes.com/?id=13896
8. ^ http://trib.com/news/state-and-regional/article_fc80c71a-716d-5fc0-8996-dcf2d93a82a5.html]
9. ^ http://www.hrc.org/documents/Relationship_Recognition_Laws_Map.pdf
10. ^ http://www.freedomtomarry.org/states/
11. ^ http://www.nclrights.org/site/DocServer/Relationship_Recognition_State_Laws_Summary.pdf?docID=6841
12. ^ http://www.thetaskforce.org/downloads/reports/issue_maps/rel_recog_3_10.pdf
13. ^ Panel kills gay marriage bill
14. ^ Gay marriage ban falls in House
15. ^ House passes anti-gay marriage bill
16. ^ Wyoming Senate passes anti-gay marriage bill
17. ^ Anti-gay marriage bill defeated in Senate
18. ^ (Wyo.)-House Now Gets Chance At Gay Marriage Bill
19. ^ Same-sex marriage constitutional amendment dies in Wyoming House after missing deadline
20. ^ Wyoming House committee votes down civil unions bill
21. ^ Same-sex divorce stirs debate
22. ^ Wyoming Supreme Court reverses same-sex divorce ruling
23. ^ Cheyenne gay couple challenge state law
24. ^ http://www.kulr8.com/news/wyoming/101430989.html
25. ^ http://www.gaylesbiantimes.com/?id=13896
26. ^ http://trib.com/news/state-and-regional/article_fc80c71a-716d-5fc0-8996-dcf2d93a82a5.html]
27. ^ http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/08/24/state/n162414D00.DTL&type=politics
28. ^ http://www.wyomingnews.com/articles/2009/02/07/news/19local_02-07-09.txt
29. ^ Gay Wyo. Couple Drops Marriage Suit, The Advocate, September 15, 2010.
30. ^ "Wyoming Supreme Court reverses same-sex divorce ruling," Cheyenne Star-Tribune, 7 June 2011, accessed 3 July 2011
31. ^ "Wyoming High Court Grants Divorce to Same-Sex Couple," Law Blog, The Wall Street Journal, 7 June 2011, accessed 3 July 2011
32. ^ H.B. No. 0142