Federal judge overturns Wyoming gay marriage ban

Cheyenne, Wyo. (AP) — A federal judge has ordered Wyoming to allow same-sex marriage but has stayed his decision so that the state can appeal if it wants.

U.S. District Judge Scott Skavdahl ruled Friday that the state must comply with a ruling by the 10th Circuit Court of Appeals that permits same-sex marriage.

But he says his ruling will not take effect until next Thursday in order to allow time for the state to appeal.

Skavdahl said his ruling will take effect immediately if the state decides before Thursday not to appeal.

Gov. Matt Mead, who has defended the state law, said during a debate Thursday night he would be opposed to appealing a decision against the state.

Wyoming is among the most conservative states politically and its law defines marriage as between a man and woman.

But the number of states fighting gay marriage is dwindling thanks to a slew of court rulings in recent weeks.

The U.S. Supreme Court recently declined to review several federal court rulings that upheld gay marriage as a constitutional right. The rulings include the one from the 10th Circuit, which covers Wyoming and five other states.

Wyoming county clerks have been unwilling to grant marriage licenses to same-sex couples until the legal issues have been resolved.

The couples include Brie Barth and Shelly Montgomery of Carpenter, who applied for a marriage license the day after the Supreme Court decision not to take up gay marriage upheld gay marriage in the 10th Circuit and elsewhere.

Barth and Montgomery are among the couples who filed the federal lawsuit.

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The Gayly – October 17, 2014 @ 4:30pm