The Federalist: Wyoming Censures Judge For Marriage Beliefs Even Though No Law Requires Her to Perform Marriages

 If the Wyoming Supreme Court is permitted to insert an unstated requirement upon judges, what prevents some future court from reading pastors, priests, and bishops into the same decision?

Earlier this month, the Wyoming Supreme Court handed down a 3-2 decision in the case of Judge Ruth Neely from Pinedale. Writing for the majority, Justice Kate Fox said, “Judge Neely violated Rules 1.2, 2.2, and 2.3 of the Wyoming Code of Judicial Conduct. However, we do not accept the Commission’s recommendation for removal, and instead order public censure, with specific conditions.”

In contrast, Justice Keith Kautz wrote for the minority, “There is no clear and convincing evidence that Judge Neely violated any of the rules of the Wyoming Code of Judicial Conduct. Wyoming law does not require any judge or magistrate to perform any, particular marriage… There is no cause for discipline in this case… There is room enough in Wyoming for both sides to live according to their respective views of sex, marriage and religion.”

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