Wyoming judge may lose bench for refusing to perform gay marriages

Municipal judge Ruth Neely may be relieved of her position when she told a local newspaper that she would not perform same-sex marriage ceremonies because of her religious stance.

Wyoming's judicial ethics commission recommended that Neely be relieved as magistrate of Pinedale, Wyoming. According to NBC News, she wrote the commission a letter that stated: "Homosexuality is a named sin in the Bible, as are drunkenness, thievery, lying, and the like. I can no more officiate at a same-sex wedding than I can buy beer for the alcoholic."

Douglas W. Bailey, Luke Goodrich and Daniel Blomberg, lawyers of the Becket Fund for Religious Liberty, submitted a brief that stated Neely is being punished for her beliefs and that her removal would violate her constitutional rights. It also pointed out that the commission is saying Neely cannot function as a judge because of her beliefs, even if her position is not authorized to perform marriage ceremonies.

Neely's lawyer, James Campbell of the Alliance Defending Freedom, said in a CNS News report that the case has significant First Amendment issues. He added that Neely only expressed her opinion about marriage and had not shown any bias or prejudice.

According to Campbell, Neely was not the only one who expressed opposition to same-sex marriage. He said many are even prominent judges and members of major religious organizations.

This was countered by the commission's lawyer, Patrick Dixon, who said that although Neely has a right to stand on her belief, the judge must be removed from office because she violated the code of conduct. The code prohibits all state judges, including Neely's seat as magistrate, from expressing bias against people because of their sexual preference, be it in words or in action.

The Wyoming Supreme Court reportedly rejected the filing of the "friend of the court" briefs that support Neely. These were submitted by a group of Wyoming legislators and big religious organizations.