Wyoming judge gets censured for refusing to perform same-sex wedding

A judge who refused to preside over same-sex weddings due to her religious beliefs has been publicly censured by the Wyoming Supreme Court on Tuesday.

In a 3–2 decision, the court ruled that Judge Ruth Neely, a magistrate in the small northwestern Wyoming town of Pinedale, violated that state's code of judicial conduct, NBC News reported.

"No judge can turn down a request to perform a marriage for reasons that undermine the integrity of the judiciary by demonstrating a lack of independence and impartiality," the court stated in its ruling.

Justice Kate Fox contended that Neely must either preside over marriage ceremonies regardless of the couple's sexual orientation or decline to perform any ceremonies at all.

While the court stated that Neely's conduct undermined the integrity of the judicial system, it did not believe that she had committed any act that would warrant her removal from the bench.

In 2014, Neely told a reporter for the Sublette Examiner that she could not officiate same-sex weddings after a federal judge struck down the state's ban on gay marriage.

"I will not able to do them," she said. "We have at least one magistrate who will do same-sex marriages, but I will not be able to. ... When law and religion conflict, choices have to be made," she added.

Neely, who has served as a judge for over 20 years, stressed that her decision would not stop homosexuals from finding a local judge to preside over same-sex weddings.

The Wyoming Commission on Judicial Conduct and Ethics conducted an investigation about her remarks in January 2015, following a complaint from Democratic Party Chairwoman Ana Cuprill.

Neely was accused of violating six rules of judicial conduct, and she received a notice from the commission informing her that disciplinary proceedings would commence.

During the proceedings, Neely was told that the matter would be dropped if she would admit her wrong doing, resign from her position and agree to never again run for judicial office, but she rejected the proposal.

In February last year, the commission asked her to issue a public apology and agree to perform same-sex marriages, but she declined. The commission then recommended to the Supreme Court that Neely should be removed from office, according to Christian News Network.

The court rejected the commission's request and decided to censure Neely instead. Justices Keith Kautz and Michael K. Davis, who dissented from the majority opinion, contended that Neely did not violate any judicial conduct code.

"Wyoming law does not require any judge or magistrate to perform any particular marriage, and couples seeking to be married have no right to insist on a particular official as the officiant of their wedding," Kautz wrote, as reported by The Associated Press.

The justices maintained that homosexuals would still be allowed to get married without Neely's help. They argued that differences must be allowed to exist in society, and those who have religious convictions about marriage should not be punished or removed from their position as judges.