Tag Archives: State: Wyoming

AP: While bills to permit same-sex civil unions and a ban on discrimination against gays made it out of committee, they went down in votes in the full House and Senate. That they even got that far was seen by many as a sign of how the shifting national attitude toward gay rights is affecting views in red states such as Wyoming.

Trib.com: President Barack Obama on Thursday nominated Wyoming Attorney General Gregory Phillips for the United States Court of Appeals for the Tenth Circuit.

WyomingNews.com: The Wyoming House voted down a bill to allow domestic partnerships on a 34-25 vote with one person absent.

Billings Gazette: A bill to ban discrimination on the basis of sexual orientation passed a Wyoming legislative committee Wednesday, a move that gay activists say is crucial to affording them the full rights of citizenship. The Senate Judiciary Committee voted 4-1 Wednesday morning to endorse the bill sponsored by Sen. Chris Rothfuss, D-Laramie. It now heads to the Senate floor.

BlackHIllsFox.com: Wyoming lawmakers are facing bills this session that would restrict access to abortion services. Meanwhile, a group is capitalizing on the legal victory it won against the state last year that allows it to display an anti-abortion poster in a tunnel leading to the state Capitol.

Star-Tribune.com: The Wyoming chapter of the American Civil Liberties Union fired off a letter to the Jackson mayor and Town Council about a new prayer at the summer rodeo, saying it’s illegal.

Findlaw: Colorado Mining Association President Stuart Sanderson wants the Supreme Court to reverse the Tenth Circuit Court of Appeals decision. Sanderson claims, “If allowed to stand, the roadless rule will effectively prevent future mining operations on roadless lands, leading to a decrease in mineral and coal production, job losses and sharp decreases in taxes and revenues from the coal mining industry that are critical to local governments and public school systems,” the Denver Post reports.

LocalNews8.com: Spokesmen said the protesters want to close what they call Wyoming’s last abortion clinic in Jackson.

One News Now: “Honoring free speech doesn’t come about by completely eliminating it,” argues Scruggs. “Although the commissioners have done the right thing by recognizing that they violated the First Amendment rights of WyWatch members who simply wanted to display signs as others had been allowed to do, we disagree that the solution is then to shut everyone up so they don’t have to allow pro-life speech anymore.”

Eugene Volokh at the Volokh Conspiracy: From today’s Wyoming Supreme Court decision in Operation Save America v. Town of Jackson (Wyo. Apr. 10, 2012); the result seems quite correct to me . . .

LifeNews: Honoring free speech doesn’t come about by completely eliminating it,” said ADF Litigation Staff Counsel Jonathan Scruggs, who litigated the case together with ADF-allied attorney Nate Kellum. “Although the commissioners have done the right thing by recognizing that they violated the First Amendment rights of WyWatch members who simply wanted to display signs as others had been allowed to do, we disagree that the solution is to then shut everyone up so that you don’t have to allow pro-life speech anymore,” Scruggs explained.

s part of a court order issued Thursday, members of the Wyoming State Building Commission admit they unconstitutionally violated the free speech rights of WyWatch Family Action in February of last year when they approved but later removed the group’s pro-life signs from Herschler Gallery at the state capitol.

One News Now: Returns from 89 percent of the state’s precincts showed Santorum with 51 percent support, far outpacing Romney, who had 21 percent.

One News Now: Wyoming Senate File 44, which dealt with compulsory school attendance, had the potential of jailing and heavily fining parents who home school their children.

ADF Attorney Jonathan Scruggs appeared on Across America with Gary Freeman. | MP3 audio 21:29 mins

Billings Gazette: Jonathan Scruggs, an attorney for the Allied Defense Fund, who handled the WyWatch case, could not be reached for comment late Tuesday, when Freudenthal’s order was released.

Wyoming Tribune: Jonathan Skruggs is an attorney for the Alliance Defense Fund, which filed the lawsuit on behalf of WyWatch. The Alliance Defense Fund is an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California. The group also has supported the recent, unsuccessful push in Wyoming to change state law to specify that the state shouldn’t recognize same-sex marriages performed elsewhere.

AP on NECN.com: Scruggs told Freudenthal that the commission action adopting the new rule the week after the group filed its lawsuit “shows that the defendants are not interested in constitutional compliance — they’re interested in avoiding judicial sanction.” The state never responded to the group’s letter last year threatening legal action, he said . . . We believe that if you look at the picture, it’s not offensive at all,” Scruggs said of the group’s picture of a fetus. “It’s an unborn child, it’s not an aborted child.” [more . . . ]

OneNewsNow.com: “The university will allow political speakers to come on campus without having to [jump through] these hoops and go over these burdens. But for our client’s religious speech, he has to get insurance, pay money, [and] do all these difficult things,” Scruggs explains. [more . . . ]

The Republic: Jonathan Scruggs, a Tennessee lawyer with the Alliance Defense Fund who is representing WyWatch Family Action, also declined comment on the state’s claim that its new policy should end the legal action. The Alliance Defense Fund, an Arizona-based Christian civil rights group, has litigated against same-sex marriage in California. The group also supported the recent unsuccessful push in Wyoming to change state law to specify that the state shouldn’t recognize same-sex marriages performed elsewhere.

Wyoming Tribune: Jonathan Skruggs is one of the attorneys for the Alliance Defense Fund, which filed WyWatch’s lawsuit. He said Wednesday he couldn’t say how the state’s new policy would affect the lawsuit since he hasn’t seen the policy. “The state has not filed anything in this lawsuit,” Skruggs said. “It is impossible to comment until we’ve seen actually what’s been done.” “At this point, we have no reason to believe anything the state is offering is sufficient,” he said. “So given the information we have now, we will continue to pursue our motion and continue to seek to vindicate our client’s rights.”

Opposing Views: In a press release, ADF Litigation Staff Counsel Jonathan Scruggs said: “Free speech is protected by the First Amendment, which means it can’t come with a price tag and a burdensome waiting period. The courts have routinely ruled policies like this one unconstitutional. Christians visiting public college campuses shouldn’t be deterred from expressing their beliefs because of cumbersome, unconstitutional policies.”

Wyoming Tribune Eagle Online: Jonathan Scruggs, a lawyer for the Alliance Defense Fund, which is representing WyWatch, said Wednesday they will continue to fight for the ability to use the gallery for public displays. “Given the information that we have, we believe our clients should have the ability to express themselves in this area,” he said.

Billings Gazette: Jonathan Skruggs is one of the attorneys for the Alliance Defense Fund, which filed WyWatch’s lawsuit. He said Wednesday he couldn’t say how the state’s new policy would affect the lawsuit since he hasn’t seen the policy. “The state has not filed anything in this lawsuit,” Skruggs said. “It is impossible to comment until we’ve seen actually what’s been done.” “At this point, we have no reason to believe anything the state is offering is sufficient,” he said. “So given the information we have now, we will continue to pursue our motion and continue to seek to vindicate our client’s rights.”

Wyoming Tribune Eagle: “We’re interested in protecting First Amendment rights across the country in situations like this where a group is being singled out because of its religious expression and that expression is being banned, even where other groups are allowed to erect similar displays and similar viewpoints in the area,” said Jonathan Scruggs, a lawyer for the fund. He added that WyWatch wants to put up materials communicating members’ belief that “life begins in the womb.” “I don’t think it’s the type of situation where it’s any type of gruesome photo or anything along those lines, where it’s a baby that’s been aborted or a fetus that’s been aborted,” Scruggs said. “It’s more of a depiction of a baby in the womb.”

Billings Gazette: Jonathan Skruggs, one of the attorneys for the Alliance Defense Fund that filed the lawsuit, said that as far as the attorneys and WyWatch knew, the vague state policy was still in place. “At some point, we have to act to protect our client’s First Amendment rights. Not just our client but everyone else,” Skruggs said. “We’re not seeking special treatment. We’re seeking equal treatment,” he said. “Other people get to put displays in the gallery, and our clients should as well.” Alliance Defense Fund is linked to a network of Christian attorneys who litigate strategic cases to preserve and reclaim constitutionally protected religious freedom, sanctity of life and the family, according to the group’s website.

K2 Radio: “We’re interested in protecting First Amendment rights across the country in situations like this where a group is being singled out because of their religious expression and that expression is being banned, even where other groups are allowed to erect similar displays and similar viewpoints in the area,” said Jonathan Scruggs, a lawyer for the Alliance Defense Fund. Scruggs said WyWatch Family Action wants to put up materials communicating members’ belief that “life begins in the womb.” “I don’t think it’s the type of situation where it’s any type of gruesome photo or anything along those lines, where it’s a baby that’s been aborted, or a fetus that’s been aborted,” Scruggs. “It’s more of a depiction of a baby in the womb.”

The Republic: A lawyer has argued before the Wyoming Supreme Court that the town of Jackson violated anti-abortion protesters’ rights when it secured a court order prohibiting them from appearing on the town square.

ADF attorney Daniel Blomberg appeared on Across America with Gary Freeman to discuss the battle over marriage in Wyoming. | MP3 audio 39 mins | Wywatch Family Action | Chris Adamo

AmLaw Daily: The Alliance Defense Fund, which represented proponents of Proposition 8 in California in Perry v. Brown (originally known as Perry v. Schwarzenegger), issued a statement expressing its own disappointment with the ruling. “From its inception, marriage in Wyoming for all purposes has been the union of one man and one woman,” litigation staff counsel Daniel Blomberg said in a statement. “It is disappointing that the Wyoming Supreme Court ignored Wyoming’s clear definition of marriage in favor of the definition of a foreign country.”

A same-sex couple married in Canada can divorce in Wyoming, the Wyoming Supreme Court ruled today.

Star-Tribune: The organization, “Operation Save America,” hopes to make Wyoming the first abortion-free state. Wyoming is one of five states each with one remaining clinic that performs abortions.

Billings Gazette: Becky Vandeberghe, president of WyWatch Family Action, referred questions about the complaints to the Alliance Defense Fund. The fund attorneys sent a letter Monday to the state attorney general’s office and other state agencies on behalf of WyWatch . . . The lack of a clear state policy creates a vague situation that is problematic under the First Amendment, Jonathan Scruggs, an attorney for the Alliance Defense Fund, said Wednesday in a telephone interview. Scruggs said his group hopes the state will respond accordingly and allow WyWatch to continue displaying photos and other materials. “All we’re asking for is, not special treatment, but equal treatment,” he said.

The Republic: WyWatch referred questions to the Alliance Defense Fund, which on Monday sent a letter to the attorney general’s office. The letter outlines U.S. Supreme Court opinions saying speech cannot be restricted.

Trib.com: “But state Sens. John Hines, R-Gillette, and Bill Landen, R-Casper, who cast the deciding votes against HB74 on Wednesday, said they opposed it because it didn’t guarantee same-sex couples access to Wyoming courts to get a divorce or for other disputes.”

NECN: “A proposed amendment to the Wyoming Constitution that would specify the state wouldn’t recognize same-sex marriages performed elsewhere died Friday when it missed a procedural deadline in the state Legislature.”

TriValleyCentral.com (AP): The court on Wednesday denied a request from 13 lawmakers, including House Speaker Ed Buchanan, R-Torrington, to file a “friend of the court” brief. The lawmakers were represented by the Alliance Defense Fund, an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California.

KSWT.com (AP): “The lawmakers were represented by the Alliance Defense Fund, an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California.”

“The House version of the bill would specify that Wyoming wouldn’t recognize same-sex civil unions performed in other states.”

Laramie Boomerang: “The Wyoming Senate passed a House bill on third reading Friday that would not recognize same-sex marriages performed in other states but would give couples in civil unions access to Wyoming courts to resolve disputes. The Senate passed House Bill 74 on a 16-14 vote . . . litigated against same-sex marriage in California.  A lawyer for the Alliance Defense Fund has appeared at committee hearings in this legislative session and has spoken in favor of defining marriage as existing only between one man and one woman . . . ”

Billings Gazette: “The Wyoming Supreme Court is preparing to hear a same-sex divorce case involving two women who were married in Canada . . . . A group of state lawmakers, including House Speaker Ed Buchanan, R-Torrington, has filed a request to submit a friend-of-the-court brief in the state Supreme Court in support of the district judge’s position. The lawmakers are represented by the Alliance Defense Fund, an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California. A lawyer for the Alliance Defense Fund has appeared at committee hearings in this legislative session and has spoken in favor defining marriage as existing only between one man and one woman.”

San Francisco Chronicle: The 13 lawmakers want permission to file a “friend of the court” brief with the Wyoming Supreme Court. They’re represented by the Alliance Defense Fund, an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California.

KJCT8.com: “The lawmakers, including House Speaker Ed Buchanan, are represented by the Alliance Defense Fund. The fund is an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California.”

AP: “The Alliance Defense Fund represents the lawmakers, including House Speaker Ed Buchanan. The fund is an Arizona-based Christian civil rights group that has fought same-sex marriage in California.”

Wyoming News: “A Senate committee decided Monday that local school districts should keep the authority to approve or deny charter school applications.”

San Francisco Chronicle: The 13 lawmakers want permission to file a “friend of the court” brief with the Wyoming Supreme Court. They’re represented by the Alliance Defense Fund, an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California.

Billings Gazette: The local attorney for the Alliance Defense Fund, Douglas Mason of Pinedale, said Monday that there is nothing to prevent the Lusk couple from returning to Canada to get a divorce or to get one from some other jurisdiction that recognizes same-sex marriage. “As far as Wyoming is concerned, they’re not married anyway, so they don’t need a divorce,” Mason said. (more information about ADF and ADF involvement in the report)

Wyoming Tribune Eagle: “A bill that would prevent Wyoming from recognizing same-sex marriages and civil unions from outside the state moved ahead Thursday in a Senate committee.”

Star-Tribune: “Legislation that would have made Wyoming the third state to recognize civil unions narrowly failed in the House Judiciary Committee on Friday.”

JURIST: “he Wyoming Senate on Thursday voted 20-10 [vote details] in favor of Joint Resolution 5, the first step to a constitutional amendment that would prevent the state from recognizing same-sex marriages from any jurisdiction.”

Cody (Wyo.) Enterprise: “Gay marriage is again before the Legislature and Cody’s two Republican representatives are divided in their views – and votes – about one key bill. At issue is whether Wyoming should recognize same-sex unions from other states. According to House Bill 74, the answer is no.”

Billings Gazette: “Wyoming judges wouldn’t be allowed to consider Islamic law or international law when making rulings, under a proposed state constitutional amendment introduced this week.”

Star-Tribune: “Even as the Wyoming Legislature moves toward a stricter ban on gay marriage this year, there’s also a possibility Wyoming could become the third state to recognize civil unions.”

Star-Tribune: “Legislation to prohibit recognition of same-sex marriages from outside Wyoming advanced further in the state House of Representatives on Friday. A Senate committee also approved a proposed constitutional amendment banning gay marriage in the state, though not before amending it to potentially allow for civil unions.”

Billings Gazette: “The Wyoming House on Thursday advanced legislation that would stop recognition of out-of-state gay marriages. The proposal, which previous legislatures have killed, passed on its first hearing with 34 votes. The bill, House Bill 74, must now pass two additional House votes before it would head to the Senate for consideration.”

NECN: “Wyoming wouldn’t recognize same-sex marriages performed in other states under a bill that cleared its first hearing in the House of Representatives Thursday . . . The Wyoming debate has attracted attention from the Alliance Defense Fund, an Arizona-based Christian civil rights group that has litigated against same-sex marriage in California. [Austin R. Nimocks], an ADF lawyer, has appeared at committee hearings on the issue.”

“With the 7-2 approval of House Bill 74 by the Education Committee — which in the past hasn’t been assigned gay-marriage bills — the legislation now must pass three votes by the full House before it would head to the Senate.”

Wyoming Tribune Eagle: “Legislation to clarify Wyoming’s definition of marriage split along party lines to pass out of a House committee 7-2 on Monday . . . [Austin Nimocks], senior legal counsel with the Alliance Defense Fund, testified that marriage is often viewed as a contract with the state and two consenting adults. And while Wyoming must recognize marriages from other states, it must also provide divorces when legally-recognized couples decide to split, he added.”

“Five states allow same-sex marriage. By year’s end, that number could grow. However, several states are working to protect the definition of marriage.”

LifeSiteNews: “Attorneys general in Kansas, Ohio, Wyoming, and Wisconsin have requested to join the lawsuit filed by 20 other state attorneys general led by Florida attorney general (AG) Bill McCollum against the Patient Protection and Affordable Care Act (PPACA). The new Republican attorney general for Maine says he is also getting ready to have the state join the Florida-led lawsuit.’

Billings Gazette: “State lawmakers this year will consider legalizing gay marriage and authorizing civil unions in the state, under proposed legislation being drawn up in the Wyoming House.”

Wyoming News: “A ‘defense of marriage’ resolution is expected to return during the 2011 general session of the Wyoming Legislature. The proposal would allow Wyoming’s voters to determine whether the state Constitution should define marriage as a union between a man and a woman. Similar legislation failed in 2009.”

Grand Rapids Press: “Having already sued three Michigan cities for banning medical marijuana, the American Civil Liberties Union now might get involved in a case in Kent County.”

http://cbs4denver.com/wireapnewswy/Wyoming.governor.candidates.2.1959616.html

Gillette News Record: “The Park County Commission on Tuesday unanimously approved two permits for a 144,000-square-foot French Gothic-style monastery and coffee roasting barn on a remote, 2,500-acre ranch near Meeteetse.”

CBS 4: “Wyoming joined in a legal brief opposing gay marriage in California because it has an interest in defending its own state law defining marriage as existing only between a man and a woman, Wyoming’s attorney general said Wednesday.”

Casa Grande Dispatch: “At the center of the Wyoming controversy is a remote ranch where the Monks of the Most Blessed Virgin Mary of Mt. Carmel want to build a 144,000-square-foot French Gothic-style monastery and coffee-roasting barn. The monastery will feature a church that seats 150, with one spire rising 150 feet. The proposal triggered a clash between ranchers who live miles apart, trying to protect their quiet, rural open spaces, and the hermit monks who live a secluded, spartan life of prayer and meditation and are looking for more room to meet their expanding order and maintain their privacy.”

“The amicus brief sent Friday to the 9th Circuit U.S. Court of Appeals said that the Constitution does not require marriage to include same-sex couples. The 39-page brief also said that states, not federal courts, have final say in whether to allow same-sex marriages.”

Star-Tribune: “Wyoming and nine other states will file a legal brief today saying a federal court ‘exceeded its judicial authority’ when it ruled that the U.S. Constitution requires legal marriage to include same-sex couples. In the amicus brief, which will be filed late this afternoon in the case of Perry vs. Schwarzenegger, the states disagree with the court’s ruling that same-sex marriage is a fundamental right.”

“They say they are dismissing the suit because unspecified circumstances had changed.”

Associated Press: “Public colleges must be neutral in allowing controversial speakers and their ideas on campus and must work harder to educate citizens about the roles of colleges in presenting varying ideas, speakers at a free speech forum said Monday. The University of Wyoming organized the forum, which featured four academics from across the country, in the wake of recent campus visits by former Vice President Dick Cheney and former 1960s radical Bill Ayers.”

Wyoming News: “The founder of the Wyoming Tyranny Response Team plans to burn a copy of the Quran on the steps of the State Capitol on Saturday. Duncan Philp said he will protest the location of a proposed Islamic Center near Ground Zero in New York City. He also will protest President Barack Obama’s support for the location.”

Wyoming Tribune Eagle: “Last week, a Cheyenne couple challenged Wyoming’s law defining marriage as a union between a man and a woman. But many of the key supporters on gay rights aren’t backing the action [and were] surprised by the lawsuit . . . ‘We don’t support this argument at this time,’ said Tim Reid, a board member for Wyoming Equality, a gay, lesbian, bisexual and transgender advocacy group.”

365Gay.com: “The complaint in this case was filed pro se, meaning that the parties are representing themselves. Although information about the case (including the complaint itself) is hard to find, your intrepid columnist did finally track down this exclusive interview with one of the plaintiffs, David Shupe-Roderick . . . Of course, if the judge follows the full-trial route that Judge Walker took in the Prop 8 case, Shupe-Roderick and Dupree will be at a substantial disadvantage. But the judge, Alan B. Johnson (a Reagan appointee) might simply decide the case on pure legal grounds. In that case, the playing field would be much more level, as the judge can read the cases and decide based on precedent and his own sense of what the constitution requires.”

San Francisco Chronicle (AP): “A gay couple has filed a federal lawsuit challenging the Wyoming law that defines marriage as existing only between a man and a woman . . . They are asking U.S. District Judge Alan B. Johnson to block Wyoming from enforcing any laws that block gays and lesbians from access to civil marriage.” | Shupe-Roderick v. Freudenthal, No. 2:2010-cv-166-F (D. Wyo. August 13, 2010)