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Wyoming AG: same-sex marriage can begin Tuesday as state declines to appeal ruling

Wyoming Equality: “We are thrilled that the state of Wyoming will truly live up to its promise as the Equality State and that same-sex couples and their families will no longer live with the indignity of injustice that has caused so much harm to so many people over the years.”

By JC Sevcik
Same-sex marriage will be legal in Wyoming beginning Tuesday after the state declined to appeal a ruling by a federal judge striking down the current law banning gay marriage as unconstitutional. UPI/Terry Schmitt
Same-sex marriage will be legal in Wyoming beginning Tuesday after the state declined to appeal a ruling by a federal judge striking down the current law banning gay marriage as unconstitutional. UPI/Terry Schmitt | License Photo

CHEYENNE, Wyo., Oct. 20 (UPI) -- Wyoming attorney general Peter K. Michael announced Monday the state would not appeal a federal judge's ruling abolishing its ban on gay marriage.

Known as the Equality State for being first to acknowledge women's right to vote, Wyoming is joining the tide sweeping the nation's district courts. Beginning Tuesday, same-sex couples will legally be allowed to wed in the state.

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U.S. District Court Judge Scott W. Skavdahl said last week that the U.S. Supreme Court's decline to hear appeals against a 10th Circuit Court ruling striking down bans on gay marriage in five states represents a de facto federal stance on the legality of same-sex unions. "Judge Skavdahl's opinion and order make clear that the decisions in Utah and Oklahoma have left Wyoming with few legal options," said Michael.

"After reviewing the law and the Judge's decision that binding precedent requires recognition of same-sex marriage, I have concluded that further legal process will result in delay but not a different result," he added.

Similarly, as a result of the recent rulings of the ninth and tenth district courts, in several states falling under those jurisdictions -- Alaska, California, Hawaii, Idaho, Indiana, Montana, Nevada, Oklahoma, Oregon, Utah, Virginia, and Washington -- bans on gay marriage are effectively unconstitutional.

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Michael said he will file a notice of the state's decline to appeal in district court at 10 a.m. on Tuesday, at which point county clerks will be legally obligated to issue marriage licenses to same-sex couples. In a statement Friday, Governor Matt Mead said, "This result is contrary to my personal beliefs and those of many others. As in all matters, I respect the role of the courts and the ruling of the court."

"While this is not the result I and others would have hoped, I recognize people have different points of view and I hope all citizens agree, we are bound by the law," Mead added.

Executive director Jeran Artery issued a statement Friday on behalf of Wyoming Equality:

"We are thrilled that the state of Wyoming will truly live up to its promise as the Equality State and that same-sex couples and their families will no longer live with the indignity of injustice that has caused so much harm to so many people over the years."

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