Wyoming same-sex marriage ruling concerns legislators

Wyoming legislators who unsuccessfully pushed for a constitutional amendment banning gay marriage are concerned that Friday’s federal court ruling that legalized same-sex nuptials will open the door to further marriage policy issues.

The lawmakers said gay marriage should be a states' rights issue and decided by the Legislature. They warned the consideration of same-sex marriage as a right could lead to a further expansion of the definition of marriage.

In the last legislative session, Rep. Gerald Gay, R-Casper, sponsored a bill to prohibit the state from recognizing gay marriages performed in other states. He said the ruling will lead to changes in several laws.

Gay also said the ruling will force a change in what is viewed as moral in the Wyoming Constitution.

“We have a constitutional argument that’s based on the morality clause of our constitution,” he said. “Same-sex marriage would violate that constitutional provision. We’re going to have to do something about that, whether that’s an amendment or to decide to change how we look at something that has for 4,000 years been considered immoral. I don’t know how we’ll go about that.”

Gay said the ruling will affect laws covering everything from spousal benefits to inheritance.

The fundamental change from viewing marriage as a privilege to viewing marriage as a right creates a problem for those drafting laws to regulate matrimony, Gay said.

Marriage laws should not be decided by the federal government, said Rep. Kendell Kroeker, R-Casper.

“We have a right to define marriage in our state how we want,” he said. “The federal government should not be telling us what that definition should be.”

Kroeker said any legislation needed to bring the state of Wyoming in line with federal law would likely be handled in the next legislative session.

“We can’t do anything until we’re in session,” he said. “If there’s legislation dealing with the issue it will get fair treatment, but there isn’t a rush or urgency that we have to start working this right now. It will get the same treatment as other legislative issues.”

Sen. Drew Perkins, R-Casper, said those opposed to the issue in the legislature are generally opposed for religious reasons or they’re belief in the sanctity of traditional marriage.

Perkins and Kroeker were co-sponsors of the 2011 Defense of Marriage constitutional amendment aimed at specifying marriage in Wyoming as between a man and woman.

Perkins said after Friday’s ruling, the Legislature will do what it needs to comply with federal law. He expects the changes will be minimal.

“The difference will be that some people who previously weren’t able to get married, will get married,” he said. “Life will go on, the sun will come up and the world will keep doing what the world does.”

by Trevor Graff, Star-Tribune staff writer.

Copyright 2014 by trib.com / Star-Tribune, Casper, WY.

The Gayly – October 18, 2014 @ 10:45am