Let's Work together to Protect All Wyoming Citizens

At a Christmas party two years ago, Wendy Soto, the executive director of the Commission on Judicial Conduct and Ethics, chatted with the president of Wyoming Equality (LGBT activists) and the Wyoming Democratic Party chair over hors d’oeuvres. According to court records, they discussed a Wyoming municipal judge, Ruth Neely, and an interview she did with a local newspaper reporter. (“Judge case raises questions,” WTE, Aug. 17, 2016)

After a split decision at the 10th Circuit U.S. Court of Appeals overturned Wyoming marriage law, Soto saw an opportunity to use the new “sexual orientation and gender identity” (SOGI) language in the Code of Judicial Conduct to remove a judge who dared to dissent. As I write, the case is still waiting for a decision from the Wyoming Supreme Court.

Our state constitution has some of the strongest protections for free speech and religious freedom in America. Despite this, a few lines of SOGI language, in a document that never even had to pass a vote from our elected representatives, has the power to jeopardize those constitutional protections for every court employee.

Now, as reported by the Casper Star Tribune, (“Wyoming ranks low for LGBT discrimination protections,” Dec. 18, 2016), Reps. Cathy Connolly, D-Laramie, and Dan Zwonitzer, R-Cheyenne, are introducing a bill to apply similar SOGI language to every citizen of the state. If SOGI language had such a chilling effect on free speech when inserted into a rulebook for judges, imagine how much it can undermine First Amendment protections should it be signed into Wyoming law.

But you don’t have to imagine. Just look at those states that have already adopted such language. Consider Arlene’s Flowers in Washington, Melissa’s Sweet Cakes in Oregon, Masterpiece Cakeshop in Colorado and Elane Photography in New Mexico, to name just a few.

In each case, people running law-abiding businesses suddenly had the rug pulled out from under them. SOGI laws opened them to six-figure fines and attorney fees. Not only were their businesses jeopardized, but personal assets were as well. Private bank accounts have been seized. Homes and retirement savings have been threatened. All as a result of the very legislation that Connolly and Zwonitzer want to bring to Wyoming.

Ironically, one argument trotted out to promote this legislation claims that SOGI laws are good for business. That’s called chutzpah. Legislation that has been responsible for shuttering numerous small businesses is now touted as “good for business.”

While not good for business, it is definitely good for certain businesses. Huge corporations, uninhibited by conscience, benefit when their religiously guided competitors are fined out of existence.

These giants, in turn, threaten to boycott entire states that deviate from the latest orthodoxy. Many watch with alarm as corporate blackmail co-opts the legislative process in state after state. Careful compromises and nuanced laws are trampled underfoot by a corporate juggernaut.

Recall how the NFL bullied Arizona, Paypal stripped jobs away from North Carolina and the NCAA threatened Indiana. If that’s the kind of benefit you want from big business, it’s about to come to Wyoming.

But here’s a better idea. Wyoming Equality, instead of alarming Wyoming with boycotts, could ask the corporate bullies to stand down. With strong-arm tactics off the table, we could sit down face to face as good neighbors and figure out how to live and let live.

Normal people don’t want to punish anyone for their point of view. They only want to remain free to have their own. Normal business owners don’t want to turn away any customer. They only want the freedom to decide what they will or will not say for money.

I would love to hear any ideas that Reps. Connolly and Zwonitzer have for protecting the kinds of businesses that have been destroyed by SOGI legislation elsewhere. I am also eager to work together to protect each and every Wyoming citizen from actual injustice. But what we must not do is let hypothetical injustices blind us to the actual harm being caused by poorly designed laws.

According to the Casper Star Tribune, Sen. Dave Kinskey, R-Sheridan, thinks SOGI laws are good but “need to have wide exemptions for clergy, church employees and volunteers and not-for-profit church groups.” But laws that need “wide exemptions” are never good laws.

Besides, if “wide exemptions” are needed for church leaders, why should the people in the pew be excluded? Since when did the First Amendment stop protecting church members and only protect the clergy?

Legislators have sworn an oath to “support, obey and defend” the constitution. Wyomingites deserve legislation that will protect their constitutional rights, not undermine them.

The Supreme Court itself seems so confused by SOGI language that it still has not affirmed the constitutional rights of our judges. If even our top judges struggle to reconcile the constitution with SOGI legislation, we should not add the same flawed language to Wyoming law.

See Also:
Wyoming Tribune Eagle: shortened version