Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.
Legal history
Restrictions on same-sex unions
Statutes
In 1977, the Wyoming State Legislature passed a ban on same-sex marriage. In 2003, the State Legislature passed another ban on same-sex marriage. The statutes read: "marriage is a civil contract between a male and a female person". 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 it does not qualify that statement. Lawsuits have cited this provision when challenging the state's denial of recognition to same-sex marriages established in other jurisdictions.
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. On January 24, 2011, the House passed a bill that would have prohibited the state from recognizing same-sex marriages performed outside the state. On February 18, it was passed by the Senate, but after further legislative action it failed.
Constitution
In 2009, the House considered an amendment to the State Constitution, House Joint Resolution 17, known as 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 by the House on February 6, with 35 votes against and 25 in favor.
On January 27, 2011, the Senate approved, by a two-thirds majority, a constitutional amendment banning same-sex marriage. The proposal died when the House adjourned without taking action on it. Speaker Tom Lubnau said he "didn't want to spend hours of floor time debating a bill that didn't have the votes to pass". The Wyoming Democratic Party opposed the bill; "[We don't] think it was an appropriate thing to put in the Wyoming Constitution.", said Brianna Jones, the party's communication director.
Attempts to recognize same-sex unions
On January 28, 2011, the House Judiciary Committee rejected a bill to legalize same-sex civil unions.
On January 14, 2013, legislators filed a bill to legalize same-sex marriage in Wyoming by defining marriage as a civil contract between "two natural persons". On January 28, a House committee defeated the marriage bill by a vote of 5–4. A domestic partnership bill allowing same-sex couples to "obtain the rights, responsibilities, protections and legal benefits provided in Wyoming for immediate family members" was passed by a House committee on a vote of 7–2 on January 28. Legislators who favored same-sex marriage supported the legislative tactic of offering the alternatives. Governor Matt Mead said he favored domestic partnerships. The House rejected the bill on January 30, 2013 in a 24–35 vote.
The House considered a same-sex marriage bill in 2014 but defeated it on February 13, 2014 by a vote of 17–41.
Lawsuits
Wyoming Governor Matt Mead said that despite action by the U.S. Supreme Court on October 6, 2014, which left standing as binding precedent on courts in Wyoming rulings of the Tenth Circuit Court of Appeals that found bans on same-sex marriage unconstitutional, the Attorney General, Peter K. Michael, "will continue to defend Wyoming's constitution defining marriage between a man and a woman", mistakenly referring to the State Constitution, which does not define marriage. Clerks in Laramie, Natrona and Teton counties said they had received inquiries about issuing marriage licenses to same-sex couples, but were waiting for a change in state law or an order from a judge.