Wyoming statutes specify that only one man and one woman can marry in the
state. However, the marriage act may be vulnerable to a future court challenge
launched by a
same-sex couple who want to get married in the state, or who has already married
in another state and wants Wyoming to recognize their married status. The current marriage statutes may
violate up to three equality sections of the Wyoming constitution.
In early 2009 an attempt was made by a group of Republican state
representatives to start the process of amending the Wyoming constitution. The
stated goal was to add a new section to the constitution that would restrict
marriage to one man and one woman in the state. The actual goal appears to have
been much more ambitious. In addition to banning SSM in the state, the amendment
would also remove the authority of the Legislature to create a system of civil unions for same-sex couples like those pioneered
by Vermont. A civil union would grant them some or all of
the state rights and privileges given to opposite-sex married couples.
The attempt failed. It was approved by a House committee, but rejected by the
full House. It was also rejected by the Senate committee and thus was not
presented for a Senate vote.
This is the second failed attempt to write discrimination based on sexual
orientation into the Wyoming constitution. The first was two years previously;
it almost passed.