Equality with an asterisk?

The conference committee offers its “compromise” on equality

The conference committee on House Bill 74 – Validity of marriage will present a report to the Senate and the House on Friday that says there will be no compromise over civil unions.
Same-sex unions, regardless of whether they are legal in their state of origin, will NOT be recognized in Wyoming if the committee’s report is adopted.

The conference committee, which included Reps. Amy Edmonds (R-HD12, Cheyenne), Kendall Kroeker (R-HD 35, Casper) and Jim Roscoe (D-HD22, Wilson) and Sens. Floyd Esquibel, (D-SD8, Cheyenne), Larry Hicks (R-SD11, Baggs) and Leslie Nutting (R-SD7, Cheyenne), voted 4-2 to strip a Senate amendment aimed at recognizing same-sex civil unions made in other states. Roscoe and Esquibel opposed the committee proposal.

"We're just digging ourselves further into a quagmire," Esquibel said to explain his opposition to what he considers a bad bill.

Instead, the conference committee will ask the House and Senate to adopt an amendment that makes clear that Wyoming will recognize any marriage or civil union between two people legally made anywhere so long as those marriages and unions are between one man and one woman.
Here’s the Senate amendment the committee stripped from the bill. It would rest under statute number 20-1-111 Out of state marriages.:

"(c) Parties to a domestic or other legal civil union lawfully entered into in another state, commonwealth, territory, district or possession of the United States or a foreign nation, which are not recognized as a marriage under the laws of Wyoming, shall be entitled to access to the courts of the state for the purposes or resolving disputes that arise out of their domestic or other legal civil union.".

The committee instead proposes this language:

“(c) Parties to a marriage or other legal civil union lawfully entered into in another state, commonwealth, territory, district or possession of the United States or a foreign nation, which is recognized as a valid marriage or other legal civil union under subsections (a) or (b) of this section, shall be entitled access to the courts of the state of Wyoming for the purposes of resolving disputes that arise out of their marriage or other legal civil union.”

Both sections (a) and (b) stipulate that marriage contracts are valid “provided that such marriage contracts are between a male and a female person.”

Neither section refers to civil unions.

Since the Senate passed the bill relying upon the idea that state law would recognize legal civil unions made outside Wyoming, the conference committee recommendation may not win majority support in that chamber.

Please act now
The ESPC urges Wyomingites to write their state senators to vote to reject the conference committee report. The bill clearly discriminates against many people who live in Wyoming who have secured legal marriage contracts or civil unions in other states or countries. Please tell your senator to vote NO against the conference report.

While you’re at it, please contact your state representative and likewise ask them to reject this discriminatory legislation.

Wyoming should live up to its motto as the Equality State.

Participate
Citizens can register their opposition to HB 74 by using the “Online Hotline” or the telephone Hotline – 1-866-966-8683 or, in Cheyenne, 777-8683.

Note on the photo
That's the committee in the photo. From left, Sen. Floyd Esquibel, Rep. Kendall Kroeker, Co-Chairman Rep. Amy Edmonds, Co-Chairman Sen. Larry Hicks, Sen. Leslie Nutting, Rep. Jim Roscoe.

Protesting the benefits of bigotry

Wyomingites stand up for equal rights

Shred marriage licenses in statement of solidarity with Wyoming's gays and lesbians

As the state Senate prepared to open the debate of House Bill 74 - Equality of marriage, Equality State advocates rallied in front of the Capitol under a bright sun and in a brisk Wyoming wind to declare their support for their gay and lesbian neighbors' right to expect equal treatment under the law.

Rodger McDaniel, a former legislator, state official, and local pastor, told the crowd that a local Jewish rabbi recently discussed the human propensity to discriminate against fellow humans in order to lift their own self esteem. Quoting the Biblical story of Moses and Pharoah, the rabbi noted that discrimination is a natural behavior because it makes people feel better about themselves and superior to others.

McDaniel termed this effect "the benefit of bigotry." With the state planning to void same-sex marriage contracts from other states that it now recognizes by passing HB 74, McDaniel and his wife Pat produced their own heterosexual marriage contract that provides them many legal and social benefits. It gives them benefits the state wants to deny same-sex marriages.

As the material symbol of the benefits the state will give heterosexual couples and, by discriminating, deny to same-sex couples, McDaniel and his wife said they would shred their contract.

"We don't intend to quietly accept the benefits of bigotry," he said.

Speaking in front of the statue of Esther Hobart Morris which memorializes Wyoming as the Equality State for being the first government in the world to recognize women's right to vote, McDaniel and other speakers, including state Reps. Joe Barbuto, Stan Blake, Cathy Connolly and Sen. Cale Case urged the crowd to keep up their fight to defeat HB 74.

"We can do this," Case said, though he warned the enthusiastic crowd that a vote to kill the bill was unlikely Wednesday. He predicted the bill can be killed if people work hard to convince wavering senators that Wyoming people want them to honor its constitution that guarantees equal treatment of all.

He was right. The Senate engaged in a lively debate in which Sen. Phil Nicholas challenged proponents to explain what the bill will really do and Sen. Floyd Esquibel asked them to explain how the state benefits by passage of the bill. The bill was approved in a standing vote of 17-12 with the chairman not voting.

The bill will be considered again on second reading today. An amendment to modify the bill's outright ban of civil unions is expected to be offered.

The ESPC opposes HB 74 and urges everyone to ask their senator to vote NO to stop its passage.

Video and still photography courtesy Ron Sniffin.

Citizens United and campaign spending

The Legislature is rolling and we've been trying to get up to pace. Our first significant hearing was Thursday morning when the Senate Corporations, Elections and Political Subdivisions Committee considered Senate File 3 Campaign finance - organizations.

The measure will bring state law into compliance with the U.S. Supreme Court decision in Citizens United vs. FEC. The decision opened the door to allow corporations to tap their treasuries for independent expenditure campaigns deployed to attack or support individual candidates. We're pressing for amendments SF3 to improve disclosure requirements.

Business brings annual attack on co-employee immunity laws

On Friday, Jan. 14, the Senate Labor Committee heard final testimony on Senate File 61 - Co-employee immunity. The measure blocks liability lawsuits when people are injured at work due to wanton, willful actions of a fellow worker or supervisor. Under current law, if a supervisor orders a worker into an area known to be unsafe and in violation of safety rules and the worker gets hurt, he or she can sue the co-employee. Wyoming's Workers Compensation law prevents a worker from suing his or her employee in those cases.

The AFL-CIO, the Wyoming Trial Lawyers Association and others opposed it.

Despite dramatic testimony Friday from a Pine Bluffs man whose son was killed on the job due to "wanton and willful" negligence, the committee approved the bill and sent it to the House floor. The measure is supported by mining, oil and gas, trucking and other interests.

Meanwhile, there's more information about Citizens United on the home page of our website: equalitystate.org. Here's an excerpt:

Corporate spending threatens integrity of elections

Few U.S. Supreme Court decisions of the past 20 years have opened the door for sweeping change in the basics of our democracy as the Citizens United decision of last winter.

In Citizens United, the Court cleared the way for corporations to engage in independent spending to support or oppose candidates in elections at all levels – from the town council to the U.S. Presidency.

Senate File 3--Campaign finance-organizations would amend Wyoming’s statutes to comply with the Supreme Court’s decision is under consideration. In testimony to the Senate’s Corporations, Elections and Political Subdivisions Committee on Thursday, January 13, 2011, the ESPC provided a brief analysis of the decision and its implications for state elections. The ESPC also suggested a series of amendments to the bill to require expansive disclosure of independent expenditures by corporations, unions, and other professional organizations. The amendments also would prohibit spending by corporations based on foreign soil.

Eight of the nine Supreme Court Justices supported disclosure. In order for voters to make informed judgments about what they see in campaign advertisements and literature, they need to know who paid for them.

We're developing more information on Citizens United that will be posted on the website.

What's next for Wyoming?

GOP landslide brings questions about future course

The GOP landslide on election day leaves observers wondering how major issues facing the state will be addressed. Wyoming Republicans pushed Democrats to the lowest point in years in the state legislature and swept all five statewide offices, including, as expected, the governorship.

Governor-elect Matt Mead, the former U.S. attorney for Wyoming under President George W. Bush, won the open seat with 72% of the vote.

Mead has promised to join the states suing to overturn the Affordable Care Act. On the campaign trail, he referred to a state pilot program as Wyoming’s answer to questions about covering the uninsured and holding down costs – even though the pilot (which is a health care plan, not health insurance) has yet to be implemented, much less evaluated. Wyoming residents will be looking for Mead’s ideas on keeping community hospitals and nursing homes solvent, meeting the state’s need for primary care providers and addressing rising premiums for Wyomingites fortunate enough to have insurance.

Mead has said he will resist increases in the state’s minimum wage, which stands now at just $5.15 per hour for workers not covered by the federal minimum wage. He has expressed support for sealing the border to stop illegal immigration, while also stating that legal immigration makes our country better. At the state budget level, it is unclear how Mead’s administration will address funding for infrastructure needs in communities around the state, or deal with fluctuations in state revenues.

Republicans captured 50 of 60 seats in the Wyoming House, taking nine seats that had been held by Democrats the past two years. In the Wyoming Senate, the GOP won 13 of 15 seats, reducing the number of Democrats to four out of 30 members. Senate Minority Leader Katherine Sessions was defeated by Leslie Nutting, an opponent of health care reform and reproductive rights. Nutting will be the only woman in the Senate. The small number of Democrats raises questions about committee assignments.

Although Wyoming legislators perennially campaign against over-regulation, past efforts to overhaul or “streamline” regulations have resulted in only minor tweaks as lawmakers and citizens come to realize how regulations protect the state’s communities and natural resource base as the mineral industries boom and bust. With new developments such as the near-disappearance of the mule deer herd on the Pinedale Anticline and possible contamination of groundwater near Pavillion by fracking, Wyoming residents probably will be cautious about giving energy extractors a freer hand.

Historically, Wyomingites also have been reticent to intrude into each other’s private lives, as evidenced by the defeat of a ballot initiative banning abortions and, more recently, the defeat of efforts to amend the Wyoming Constitution to prohibit gay marriage or civil unions. Bills on these topics may be offered in the 2011 session, even though they seem at odds with conservative views on keeping government out of private decisions.

The election results point toward opportunities to test reality against rhetoric. Just as support for the Affordable Care Act has gone up as people begin to experience its benefits, it may well be that support for budget cuts or intrusive legislation will go down as people see such proposals play out.