First Same-sex Couples Wed in Wyoming

By JAMES CHILTON
October 22, 2014
Wyoming Tribune Eagle

Jennifer Mumaugh’s voice cracked with emotion as she began reciting her wedding vows in front of the Laramie County Courthouse on Tuesday morning.

Only minutes earlier, Wyoming Attorney General Peter Michael had filed a notice in U.S. District Court. It said the state would not appeal a judge’s order overturning Wyoming’s ban on same-sex marriage.

That gave the Laramie County Clerk’s Office the green light to begin issuing marriage licenses.

Mumaugh had been waiting in the courthouse lobby with her partner, A.J. McDaniel, a female who identifies as a man, when county elections manager Debbie Valdez-Ortiz opened her door and announced the news.

“We’ll do the best we can, but be patient with us as we process,” Valdez-Ortiz said.

With that, Mumaugh and McDaniel stepped through the door and completed their license application. Friends and family cheered as the final stroke of the pen crossed the paper.

“I’ve been a ball of excitement all morning,” McDaniel said. “It meant a lot to me to be the first, just because we have a 4-month-old at home she gave birth to that I have no legal rights to. This is one step closer to me having legal rights to him, too.”

Their paperwork in hand, the two stepped outside. There, Unitarian Universalist the Rev. Audette Fulbright led Mumaugh through her vows.

“I, Jennifer, now take you, A.J., to be my husband,” Mumaugh said.

“To have and to hold, from this day forward, for better or for worse, for richer or for poorer, in sickness and in health, in sorrow and in joy, to love and to cherish, as long as we both shall live.”

Across from her, with hands clasped in hers, McDaniel gazed into Mumaugh’s eyes with a look of anticipation and adoration, repeating those same vows.

Fulbright took it from there.

“By standing together in the presence of one another and the holy, and by public declaration of your intentions, you have done what neither church nor state can do,” Fulbright said.

“You have created a marriage. Having said that, as a duly authorized agent of both the church and state, it gives me great honor to pronounce that from this time forward, you, A.J., and you, Jennifer, are wed.”

With that, at 10:22 a.m., history was made. Wyoming had become the 32nd state in the nation to recognize same-sex marriage.

“It’s so friggin’ exciting; we’re so happy to make this legal,” Mumaugh said afterward. “It feels kind of surreal and almost unbelievable right now. I hope we’re just the first of many.”

Tuesday saw the conclusion of a long fight for marriage equality in Wyoming. That had been spearheaded by several advocacy groups, including Wyoming Equality and Wyoming United for Marriage.

The chairman of Wyoming Equality, Jeran Artery, was on hand for Tuesday’s historic ceremony, which he said was the first of what will likely be hundreds over the next year.

“(A study shows) there are over 700 same-sex couples here in Wyoming, and that 300 would get married in the first year,” he said.

“But what’s interesting is that study didn’t include any couples who might be coming to Wyoming for a destination wedding.

“And of course we have the Tetons and Yellowstone and so many other beautiful parts of the state. So I suspect the numbers will be much, much higher.”

Recent polling has shown many Wyomingites still are opposed to same-sex marriage. But Artery said he has heard little more than cursory comments from the opposition since last Friday’s court decision.

“Even people who are opposed to this for whatever reason aren’t saying a lot because the tide has turned so much,” he said. “There’s so much momentum behind this that they don’t want to speak out because it makes them look like they don’t want to look.

“I did see (state) Rep. Gerald Gay up in Casper say we’ve opened up a slippery slope and this opens the doors for all kinds of other things. That’s ridiculous. Whenever I hear that, I ask, ‘Why do you suppose those things haven’t happened in other states?'”

Gay, R-Casper, has been an outspoken opponent of same-sex marriage.

In the last legislative session, he sponsored a bill to prohibit the state from recognizing same-sex marriages performed in other states. And he has argued that the most recent court ruling would force a change in what is viewed as moral under the state’s Constitution.

But for those couples and friends gathered at the courthouse Tuesday, there was nothing to suggest what was happening was anything but good.

“Love is love, basically,” said Allison Befort, a friend and coworker of Mumaugh’s. “Relationships are relationships.

“It’s all the same, regardless. I’m just so excited for them, and I’m glad I got to see it.”

McDaniel’s and Mumaugh’s nuptials were followed shortly thereafter by Stacey Maloney and Tina Johnson, who also were wed by Fulbright.

And in the hours that followed, other same-sex couples married across the state.

Asked how she felt to be part of such a historic day, Fulbright was at a lack for words.

“I wouldn’t be able to describe how happy I’m feeling,” she said. “It’s pure joy. Pure joy.”

https://www.wyomingnews.com/news/first-same-sex-couples-wed-in-wyoming/article_2ba74f17-dc4a-5747-9ae1-af7491d183e1.html


Gay Marriages to Begin in Wyoming

By JAMES CHILTON
October 21, 2014
Wyoming Tribune Eagle

CHEYENNE – The countdown is underway.

Same-sex marriage will be legal in the Cowboy State shortly after 10 a.m. today.

That’s when Wyoming’s attorney general, Peter Michael, intends to file a notice in U.S. District Court. It will say that the state will not appeal a judge’s order overturning its ban on same-sex ceremonies.

Last Friday, U.S. District Judge Scott Skavdahl ruled that the state’s ban on gay marriage violates the U.S. Constitution. He said that was in keeping with an earlier ruling from the Tenth Circuit Court of Appeals, which holds jurisdiction over Wyoming.

Skavdahl had ordered a temporary stay on his ruling until 5 p.m. Thursday or until the state formally filed notice that it would, or would not, appeal the ruling.

In a release issued Monday, Michael said that Skavdahl’s order, in addition to earlier such decisions in Utah and Oklahoma, “have left Wyoming with few legal options.”

He added that after reviewing the law and the judge’s decision, he concluded, “further legal process will result in delay but not a different result.”

Michael’s office said that as soon as the notice is filed with the court, “Judge Skavdahl’s order will go into effect immediately.”

That means the Laramie County clerk will be required to issue marriage licenses to couples “without regard to whether the applicants are a same-sex couple.”

Although other clerks in Wyoming were not part of the litigation that led to Skavdahl’s ruling, Michael anticipated that marriage licenses would be available to couples in all 23 counties.

Laramie County Clerk Debbye Lathrop said she plans to call the same-sex couples who already have applied for marriage licenses through her office to inform them that they may get them today.

“As long as we have contact information, we will notify them if indeed notification is made at 10 a.m. (this) morning,” Lathrop said.

By Monday afternoon, news of the attorney general’s decision had spread among those advocating for same-sex marriage.

Jeran Artery is chairman of Wyoming Equality. He said his organization is working to draft information on what benefits will be available to same-sex couples who marry and how longtime unmarried couples can incorporate those benefits into their married lives.

“We’re working on compiling a Q&A on next steps we can get out to everybody – how you update your insurance policies, beneficiary designations, all that kind of stuff,” Artery said.

“My partner, Mike, was home at lunch today doing open enrollment for insurance plans for the next year. And for the first time ever, he realized we don’t have to double pay on health insurance.”

Because same-sex marriage has been a reality in some states for years, Artery said he is hopeful it won’t take long for Wyoming to work out the legal and financial ramifications, using those earlier states as a model.

“I’m hearing from couples who have been married legally in other jurisdictions. They want to know, ‘What does this mean for us? How do we get our marriage recognized here?'” Artery said.

“I’m really hoping that the transition is fairly smooth. We’ve had freedom to marry in Massachusetts for 10 years, so I’m hoping we don’t have to reinvent the wheel.”

While several local same-sex couples have decided to hold off on marrying immediately, at least one is expected to exchange vows today.

A.J. McDaniel and Jennifer Mumaugh have been together for four years, and they were plaintiffs in the federal case on which Skavdahl ruled.

The couple say they plan to be one of the first couples in the state to be formally married this morning, though the two were united in a religious ceremony at the Unitarian Universalist Church of Cheyenne on Oct. 11.

“It has been something very important to my family and me,” McDaniel said. “It feels amazing that people are finally starting to realize that everybody should be equal, regardless of your orientation or race or status quo.”

As a transgender, McDaniel was born female but identifies as a male. For that reason, McDaniel said Skavdahl’s ruling was important in paving the way to marrying Mumaugh.

“In order to change my gender marker, I’d have to go through surgeries, so I’m still legally a female,” McDaniel said.

“We have two teenagers, a 14- and 15-year-old, and we just had an addition, a 4-month-old. Right now I have no legal rights to the 4-month old, but this has opened the door for me adopting.”

McDaniel and Mumaugh plan to be wed by Unitarian pastor Audette Fulbright. She will be on hand all week to officiate for any same-sex couples interested in marrying right away.

“We’re going to be at the courthouse at 10,” Fulbright said. “If other people want to do it, I’ll be at the courthouse.”

https://www.wyomingnews.com/news/gay-marriages-to-begin-in-wyo/article_1ecf668a-2103-5b0e-a0d1-2846a93a1fce.html


Wyoming gay couples get marriage licenses

by Staff Writer
Published October 21, 2014
Akron Beacon Journal

CHEYENNE, Wyo.: Wyoming has become the latest state to allow same-sex unions, bringing the wave of legalizations to a place where the 1998 beating death of Matthew Shepard galvanized a national push for gay rights.

Gay couples began to apply for marriage licenses Tuesday morning, albeit far more quietly than in other states where bans were recently struck down. Hundreds of same-sex couples in Idaho and Nevada flooded clerk’s offices and courthouses in recent weeks and married immediately afterward to cheering crowds.

In Wyoming, however, only a handful of couples received licenses across the state as the change went into effect. In the state’s largest city, Cheyenne, two couples were licensed right away, and Jennifer Mumaugh and A.J. McDaniel became the first gay couple to legally marry in the state’s most populous county.

Mumaugh said attitudes in Wyoming have shifted in recent years to be more open to gay couples. She said she expected gay marriage to eventually become legal, but didn’t expect it to happen so quickly.

“With Wyoming being the Equality State, it’s kind of like, ‘Well, duh,’?” she said.

“But Wyoming does have a stigma. I’m surprised with the progress of the state and that of the people throughout the state over time.”

About 175 miles north, in Casper, Dirk Andrews and Travis Gray were the first of three couples licensed after the state formally dropped its defense of a law defining marriage as a union between one man and one woman.

“It’s surreal,” Andrews said. “We can’t believe it’s happening.”

They plan to marry in a ceremony in few weeks. and say they, too, have experienced support.

Andrews and Gray, as well as Mumaugh and McDaniel, had considered going out of state to wed, but held off in hopes that gay marriage would finally come to Wyoming, a state shadowed by Shepard’s death for the last 16 years. The gay college student was robbed, beaten and left tied to a fence in freezing weather. He died Oct. 12, days after the attack.

“There’s definitely people who are holding up his memory and, I hope, feeling like we’re coming a long way,” said the Rev. Audette Fulbright, who has long performed nonbinding ceremonies for gay couples in Cheyenne.

Wyoming has now joined several other politically conservative states in allowing gay marriage after a series of recent court rulings have struck down state bans as unconstitutional.

https://www.beaconjournal.com/story/news/nation-world/2014/10/21/wyoming-gay-couples-get-marriage/10298018007/


Gay Marriage Coming to the Equality State

By TREVOR BROWN
October 18, 2014
Wyoming Tribune Eagle

CHEYENNE – It is now a matter of when, not if, gay marriage will be legal in Wyoming.

U.S. District Court Judge Scott W. Skavdahl issued a temporary order Friday, striking down Wyoming’s longstanding law banning same-sex marriage.

But gay marriages are on hold in the state until Thursday, or perhaps earlier.

Skavdahl said his ruling will take effect by 5 p.m. Thursday or when state officials formally tell the court that they will not appeal the order.

Gov. Matt Mead said late Friday afternoon that the state will not appeal the ruling.

He said he will notify the court before Thursday’s deadline.

But the governor’s office did not respond to questions about when the attorney general will file the notice with the court.

Mead did say, however, that he accepts the court’s decision even though he is disappointed by it.

“This result is contrary to my personal beliefs and those of many others,” he said in a statement. “As in all matters, I respect the role of the courts and the ruling of the court.

“While this is not the result I and others would have hoped, I recognize people have different points of view and I hope all citizens agree we are bound by the law.”

The decision

Skavdahl’s decision came a day after a hearing in the Ewing T. Kerr Federal Building in Casper.

Lawyers representing Wyoming Equality and four same-sex couples filed a lawsuit last week seeking a preliminary injunction and temporary restraining order to let Wyoming’s county clerks issue marriage certificates to gay couples as soon as possible.

They argued during the 75-minute hearing that the state’s ban on same-sex marriage is a direct violation of the U.S. Constitution.

In addition, they said gay marriage should be the law of the land in Wyoming following a U.S. Supreme Court decision last week.

The justices chose not to hear appeals from five states – Indiana, Oklahoma, Utah, Virginia and Wisconsin – that were seeking to continue their same-sex marriage bans.

That move effectively upheld lower court decisions that have ruled such bans are unconstitutional.

That included a ruling from the U.S. 10th Circuit Court of Appeals in Denver, which has jurisdiction over Wyoming and five other states in the region.

Skavdahl agreed with that argument.

“Those cases establish a fundamental right to marry a person of the same gender exists, and state laws barring same-sex marriage unconstitutionally infringe upon that right,” he wrote

“The court therefore concludes plaintiffs have made a strong showing that they will succeed in establishing (that Wyoming’s same-sex marriage ban) impermissibly violates their rights guaranteed by the due process and equal protections clauses of the Fourteenth Amendment to the U.S. Constitution.”

Lawyers for the state, meanwhile, conceded during the hearing that they likely would lose on the merits of the case.

But they asked the judge to delay his decision because, they said, approving gay marriage could cause ramifications that could not be changed back if a higher court ultimately rules in favor of the state.

But Skavdahl noted the lack of an argument from the state by writing: “(S)tate defendants failed to offer even a scintilla of evidence to support their assertion that a preliminary injunction would cause such administrative nightmares.”

He added that the state “has not established they will suffer any harm, let alone potential harm that outweighs the harm to plaintiffs’ fundamental rights.”

During Thursday’s hearing, Skavdahl mulled over the magnitude of having a court override a law passed by an elected Legislature “with the stroke of a pen.”

But he wrote Friday that higher interests are at play:

“There is undoubtedly a public interest in having the will of Wyoming’s voters and legislators carried out, but that interest is overridden by the public’s interest in protecting fundamental rights.”

“Tremendous day”

If you had asked Jeran Artery three years ago if he thought gay marriage would be legal in Wyoming by 2014, he would have responded that was unrealistic.

“I can think back to three years ago when we were fighting for our lives in the Legislature to defeat some really ugly anti-gay legislation,” said Artery, who is executive director of Wyoming Equality, a statewide gay-rights group.

“And now how quickly everything has turned.”

Artery said even three weeks ago no one expected a decision to come this fast.

But the U.S. Supreme Court’s decision last week set off a chain of events that has led to it being just days until gay couples can marry in one of the most conservative states in the country.

“It is still a bit surreal, and it’s hard to fathom that this is even happening,” Artery said. “But this is a tremendous and joyous day, and I have never been more proud to be a Wyomingite.”

Artery said he was overwhelmed Friday with text messages and calls from same-sex couples and other proponents of gay marriage who called to join in the celebration.

“It’s amazing that same-sex couples and their families will now be able to enjoy the justice, the freedom, the protections and the rights and responsibilities that come with marriage,” he said. “It’s just tremendous.”

Several other state and local groups applauded Friday’s ruling.

“Gay couples in Wyoming will soon be legally entitled to share the pride and security that comes with a marriage license,” said Jennifer Horvath with the American Civil Liberties Union of Wyoming in a statement. “It is a historic and exciting day in the Equality State.”

What comes next

Chris Stoll is a senior staff attorney with the National Center for Lesbian Rights. He is one of the lawyers representing the same-sex couples from Wyoming in the federal case as well as a mirror state lawsuit that is ongoing.

He said Skavdahl’s ruling does not end the federal lawsuit since it was only a preliminary injunction and temporary restraining order.

Next, he said, the judge will have to issue a final judgment. But Stoll said it is unlikely Skavdahl would rule differently in that decision.

“Based on the ruling (Friday), it seems pretty clear that the judge will also be inclined to issue the final judgment in our favor,” he said.

He said this process typically can take months. But he added that he hopes for an expedited process.

But he said there is still the issue of the state case, Courage v. Wyoming, which is before a Laramie County District Court judge.

Skavdahl wrote in his order that case is “materially” different than the federal one because “Wyoming state courts are not bound by decisions of the Tenth Circuit.”

Stoll said he plans to meet with lawyers with the state to discuss what to do next. But he said it is possible they could jointly ask for that to be dismissed.

That is because that decision in the state case largely will be moot, Stoll said, given the supremacy clause in the U.S. Constitution that says federal laws trump state ones.

Mead noted in his statement that case is still “active.” But he did acknowledge that “any decision by that court would not change the right of same-sex couples to marry.”

Artery said even with Friday’s ruling there is still work to be done to bring real equality for homosexuals and others in the state.

He noted it is still legal for employers to fire workers because they are gay, and residents can be refused housing because of sexual orientation.

“Today was a gigantic victory, and we do need to take a couple days to savor it and celebrate with the ones we love,” Artery said. “But then it is time to get back to work.”

https://www.wyomingnews.com/news/gay-marriage-coming-to-the-equality-state/article_0b472141-410a-57e4-a40a-fbc83e1be09c.html


Gay Marriage in Limbo in Wyoming

By TREVOR BROWN
October 7, 2014
Wyoming Tribune Eagle

CHEYENNE – Same-sex couples in Wyoming are being forced to wait to learn if and when they legally can get married.

Gov. Matt Mead instructed the state’s attorney general on Monday to continue defending Wyoming’s ban on gay marriage.

This order came despite a historic U.S. Supreme Court ruling earlier in the day that seemingly opens the path to legalizing same-sex marriage in Wyoming and several other states.

The nation’s high court surprised many legal watchers Monday by refusing to hear appeals from five states – Indiana, Oklahoma, Utah, Virginia and Wisconsin – that were fighting to continue their same-sex marriage bans.

That decision legalized gay marriage in those states by upholding lower court decisions.

And many experts and same-sex marriage proponents say the ruling also should apply to Wyoming, Colorado, Kansas, North Carolina, South Carolina and West Virginia.

That is because they are bound to appellate rulings from cases stemming from the five other states.

The U.S. 10th Circuit Court of Appeals, for example, has jurisdiction over Wyoming, Colorado, Kansas, New Mexico, Oklahoma and Utah.

And, traditionally, a ruling in an appeals court is the law of the land for all the states within its jurisdiction.

Earlier this year, the 10th Circuit Court ruled in favor of gay marriage supporters in Utah and Oklahoma. Those two rulings were put on hold so the U.S. Supreme Court could weigh in – and both of those stays were lifted Monday.

Some other 10th Circuit states, including Colorado, announced they would begin allowing same-sex marriage in wake of the decision. In fact, parts of Colorado began issuing the marriage licenses on Monday.

But Mead said the U.S. Supreme Court’s decision has “no impact” on a separate court case that challenges Wyoming’s state law that limits marriages to being between a man and a woman.

“The attorney general will continue to defend Wyoming’s Constitution defining marriage between a man and a woman,” he said in a statement.

“The case procedure and deadlines previously identified (in the lawsuit challenging Wyoming’s law) are not affected by the Supreme Court ruling.”

Wyoming Equality, a statewide organization that advocates for same-sex marriage, and four same-sex couples sued Mead and other state officials earlier in the year in an effort to force the state to overturn its ban.

The case, Courage v. Wyoming, is before Laramie County District Court Judge Thomas Campbell. Arguments have been set for Dec. 15.

Unlike the other cases in the 10th Circuit, Wyoming has a state law, rather constitutional amendment, that prohibits same-sex marriage. That means there has been no court ruling that directly addresses Wyoming’s law.

But lawyers for the same-sex couples in Wyoming’s case said Monday’s decision should cause the state to legalize same-sex marriage as soon as possible.

“The governor is bound to support, uphold and follow the U.S. Constitution by the oath of office he had to take, and due to that, he is required to recognize the authority of the 10th Circuit,” said James Lyman.

He is an attorney representing the plaintiffs in Courage v. Wyoming.

“Unfortunately, the governor is deciding to ignore the 10th Circuit and the fundamental right to marriage that applies to same-sex couples in Wyoming,” Lyman added.

He went on to say that Mead’s statement “shows a lack of knowledge about what the issues are.” He noted that Wyoming defines marriage in state statute and not in the constitution as the governor said in his statement.

The governor’s office did not respond to a request to clarify his statement.

Lyman said the legal team is exploring all avenues. That includes asking Campbell to expedite the process as well as seeking a federal court order to bring same-sex marriage to the state.

He said they should know their legal strategy in the next 72 hours.

Jeran Artery is executive director of Wyoming Equality, a group that advocates for gay marriage. He also said he is disappointed in Mead’s decision.

But he added that the group believes it is a matter of when, not if, same-sex couples will be able to marry in Wyoming.

“It has become very clear to us that freedom to marry is coming to Wyoming sooner rather than later,” Artery said.

“I don’t know if it will be today, tomorrow or next week, but for the governor to say that (Monday’s) decision has no bearing on same-sex couples in Wyoming is really a surprise, especially coming from an attorney.”

Rep. Cathy Connolly, D-Laramie, the only openly gay member of Legislature, also expressed her frustration with Mead.

She said he is just stalling the inevitable, and she predicted any federal judge now would rule that same-sex couples can get married in the state.

“I’m really disappointed in the governor for his failure to recognize and publicly stand up and say it’s time to move on because our gay and lesbian citizens are equal to their heterosexual counterparts,” she said.

“Stand up, be a man and say it honestly.”

Meanwhile, the lack of clarity on the ruling caused confusion throughout the day for same-sex couples and the county clerks who issue marriage licenses.

Cheyenne resident Jennifer Mumaugh spent much of Monday wondering whether the news would mean that she and her partner, AJ McDaniel, finally can get married.

“AJ was blowing up my phone about the news,” she said. “We were trying to weed through all the information because we were hearing different information everywhere.”

The couple has been engaged for about two years. And even before Monday’s news, they were planning an unofficial and non-legally binding ceremony at Unitarian Universalist Church of Cheyenne to mark their commitment to each other.

But Mumaugh said having it be official would make the day even more special.

“We didn’t want to leave our home state to get married,” she said. “But now, whether we get it done this day or whenever, it looks like it will happen a lot sooner than we previously thought.”

Mumaugh said time is a factor, though.

The couple has a three-month-old son, and Mumaugh said because they are unmarried, they are trying to navigate “all the red tape” so McDaniel can secure legal rights as a parent.

“So this is more than just a piece of paper to us,” she said.

Laramie County Clerk Debbye Lathrop said the ambiguity and conflicting laws have been a problem for clerks across the state.

“We are just waiting for someone to put all these puzzle pieces in line and to tell us what to do,” she said.

Lathrop said a few same-sex couples inquired Monday about getting marriage licenses. But they were shown a piece of paper by the clerk that explains their offices cannot process the requests at this time.

The letter reads: “As a county clerk, I lack the authority to either interpret the conflicting statutes or render a determination about their validity under the state constitution,”

Shannon Minter has been involved with Wyoming’s case as the legal director for the National Center for Lesbian Rights. He said same-sex couples are essentially in a state of “limbo” for the time being.

But he added that it’s just a waiting game until Wyoming’s 37-year-old gay marriage ban is no more. And he said the significance cannot be overstated.

“This is the most important court ruling that has come down yet,” he said. “This is one of the most historic days in the history of gay rights.

But other groups are mobilizing to oppose the Supreme Court ruling.

Brian S. Brown is president of the National Organization for Marriage. He said it is “illegitimate” for the definition of marriage to be changed through the courts.

“We call upon Americans vigorously to contest this development by turning to the political process, starting with the upcoming mid-term elections,” he said in a statement.

“We urge voters to hold politicians accountable and demand to know if they will accept the illegitimate act of attempting to redefine marriage or whether they will stand with the American people to resist.”

https://www.wyomingnews.com/news/gay-marriage-in-limbo-in-wyo/article_ffa3c14d-5865-534e-8b41-9ec217d57e9f.html