BREAKING: Abortion bill fails in the Senate

HB251 - Abortion - Ultrasound Information was voted down 14-15 in the Senate moments ago! Thanks to everyone that contacted your legislators to help preserve medical privacy.

Defeating DOMA and Moving Forward

Click hereto read entire blog post by James Esseks of the National ACLU’s LGBT Project.

There's lots to celebrate about the Justice Department's statement that it will no longer defend the so-called "Defense of Marriage Act" (DOMA) in court. That statement makes a few things clear:

1. The Obama administration agrees with what we've been saying for years – that when the government treats gay people differently than straight people, it's got to have a very good reason for the discrimination (this is what courts call applying "heightened scrutiny").
2. The administration agrees that it doesn't have a good reason for respecting the marriages of heterosexual couples while pretending that married same-sex couples aren't actually married (which is what DOMA does, after all).
3. Since the administration doesn't have a good reason for the discrimination, it's going to stop defending DOMA, both in our case and in others. This is a video about our case challenging DOMA that we filed along with Paul, Weiss, Rifkind, Wharton & Garrison LLP.)

Up until now, the federal government has taken the position that discrimination against lesbians and gay men is almost always OK, that it's presumed to be constitutional. With yesterday's announcement, the government has recognized that under the proper constitutional analysis, it needs a good reason to treat gay people differently from everyone else.

The shift is quite simply amazing. Amazing to have a government that decides an important issue of constitutional law based on principle rather than politics. Amazing to see a government switch gears when faced with a case that requires it to address the legal issues head-on...read more...

ACTION ALERT: Help Us Kill HB74

The Conference Committee for HB74 – Validity of Marriages was originally scheduled for 8:45 am, but has been moved to 4:15 pm TODAY. Unfortunately, no testimony will be accepted at the hearing. Of the six members of the Conference Committee, three are original sponsors of the bill (Hicks, Nutting, Kroeker). If the Conference Committee acts fast, HB74 could be back in the House and Senate as early as Friday.

WE NEED YOUR HELP TO KILL THIS BILL!!! We need to immediately get emails to the Representatives and Senators who we must hold in the “VOTE NO” camp on HB74. Below are the legislators who should be contacted right away. (To save everyone time, we won’t email the hard “yes” and hard “no” legislators – they aren’t budging on the issue.)

Legislators are busy individuals and may not have time to read lengthy emails, so please keep your message short and to-the-point. With you help, we can send a clear message that intolerance and discrimination have no place in the Equality State!

Sen. Burns - bburns@dbburns.com
Sen. Coe - hcoe@wyoming.com
Sen. Christensen - lchristensen@wyoming.com
Sen. Driskell - senatedriskill@rtconnect.net
Sen. Emerich - femerich@wyoming.com
Sen. Hastert - jhastert2@wyoming.com
Sen. Hines - jhines@wyoming.com
Sen. Johnson - wajohnsonsd6@yahoo.com
Sen. Landen - blanden@bresnan.net
Sen. Nicholas - nicholas@wyolegal.com
Sen. Ross - tross@wyoming.com
Sen. Schiffer - jschiffe@wyoming.com
Sen. Scott - charlesscott@wyoming.com

Rep. Berger - rberger@wyoming.com
Rep. Blikre - gblikre@wyoming.com
Rep. Bonner - dbonner@wyoming.com
Rep. Brown - kermitbrown@wyoming.com
Rep. Byrd - jbyrd@wyoming.com
Rep. Campbell - rcampbell34@wyoming.com
Rep. Freeman - freeman@wyoming.com
Rep. Gingery - kgingery@wyoming.com
Rep. Greear - mgreear@rtconnect.net
Rep. Harvey - harvey00@tctwest.net
Rep. Hunt - hhunt@wyoming.com
Rep. Illoway - pete_chloeilloway3@msn.com
Rep. Kasperik - nkasperik@wyoming.com
Rep. Krone - skrone@wyoming.com
Rep. Mcomie - dwmcomie@bresnan.net
Rep. Moniz - gmoniz@bresnan.net
Rep. Nicholas - bnicholas@wyoming.com
Rep. Patton - johnpatton@wyoming.com
Rep. Shepperson - lshepperson@wyoming.com
Rep. Steward - jebsteward@union-tel.com

HB74 moves to Conference Committee

Last week the Senate narrowly approved HB 74 – Validity of marriage. The bill included an amendment intended to allow access to Wyoming courts by those in domestic partnerships or civil unions. Yesterday the House defeated the amended bill 50 – 7 and now the bill will go to a conference committee composed of 3 members of each house in an attempt to work out a compromise.

Despite the protestations of the bill’s supporters that they are not “targeting” gay and lesbian citizens, a howl went up from these groups in opposition to the amendment made in the Senate. It is clear from Richard Wall’s most recent op-ed in the Wyoming Tribune-Eagle that the purpose of this bill and others like it is to stop all attempts at equal or fair treatment lesbian and gay citizens.

Richard Wall states that “homosexual activist” use civil unions as a stepping stone to gay marriage, and apparently that alone is a good enough reason to deny a minority group access to the legal system.

Mr. Wall’s legal arguments regarding courts declining jurisdiction on procedural or jurisdictional rules provide no rationale to deny access to courts. Jurisdictional and procedural provisions apply to all individuals equally; this statue singles out a particular group of individuals and denies them legal rights.

Supporters of this bill have insisted that the bill is necessary in order to close a “loophole” in the Wyoming law that could allow recognition of same sex unions or marriages in other states. The loophole is an accepted legal principal that provides that we recognize other states legal process as they recognize ours. This tradition allows for the smooth working of our legal system across the nation. Imagine the chaos that would ensue if we did not accept automobile registration, driver’s licenses, various certificates such as birth and death certificates, marriage and divorce decrees from other states. Yet the current bill would make it clear that the laws of other states are unacceptable in Wyoming, and the people protected by those laws are outside the protection of the law in our state. Lesbian and gay couples are being targeted with this bill and our legislature is being asked to put this discrimination into statute. This bill is clearly unconstitutional, and it is also clearly wrong.

Local News Reports on HB74

CBS News Channel 5 reported on the developments of HB74 yesterday. Please click here to read article and watch brief video where Wyoming ACLU Executive Director Linda Burt makes a comment.

Reproductive Freedom at Risk...

HB251 – Abortion – Ultrasound Information will be heard tomorrow by the Senate Agriculture committee. This bill violates women’s right to privacy and inserts the government into the doctor/patient relationship. Email the members of this committee and urge them to vote NO on HB251.

Senate Agriculture Committee Members:

Sen. Gerald Geis: ggeis@wyoming.com
Sen. Eli Bebout: senbebout@wyoming.com
Sen. Ogden Driskill: senatedriskill@rtconnect.net
Sen. Fred Emerich: femerich@wyoming.com
Sen. Larry Hicks: lhicks@wyoming.com

HB74 Crosses Another Legislative Hurdle...

HB74 – Validity of Marriages bill passed the 2nd reading in the Senate today. This discriminatory bill would void lawful same-sex marriages and civil unions performed in other states. We STRONLY oppose this biased bill. IT IS VITALLY IMPORTANT THAT SENATORS HEAR THAT INTOLERANCE AND DISCRIMINATION IS UNACCEPTABLE IN WYOMING. EMAIL YOUR SENATOR AND ASK THEM TO VOTE NO ON HB74.

Contact information for the Senate:

Sen. Ogden Driskill: senatedriskill@rtconnect.net
Sen. Jim Anderson: jamesda1@msn.com
Sen. Curt Meier: cmeier@wyoming.com
Sen. Tony Ross: tross@wyoming.com
Sen. Fred Emerich: femerich@wyoming.com
Sen. Wayne Johnson: wajohnsonsd6@yahoo.com
Sen. Leslie Nutting: lnutting@wyoming.com
Sen. Floyd Esquibel: fesquibel@wyoming.com
Sen. Chris Rothfuss: rothfuss@wyoming.com
Sen. Phil Nicholas: nicholas@wyolegal.com
Sen. Larry S. Hicks: lhicks@wyoming.com
Sen. Marty Martin: mmartin@wyoming.com
Sen. John Hastert: jhastert2@wyoming.com
Sen. Stan Cooper: scooperwy@gmail.com
Sen. Paul Barnard: pbarnard@wyoming.com
Sen. Dan Dockstader: ddockstader@wyoming.com
Sen. Leland Christensen: lchristensen@wyoming.com
Sen. Hank Coe: hcoe@wyoming.com
Sen. R. Ray Peterson: rpeterson@wyoming.com
Sen. Gerald Geis: ggeis@wyoming.com
Sen. Bruce Burns: bburns@dbburns.com
Sen. John Schiffer: jschiffe@wyoming.com
Sen. John Hines: jhines@wyoming.com
Sen. Michael Von Flatern: mvonflatern@wyoming.com
Sen. Cale Case: ccase@wyoming.com
Sen. Eli Bebout: senbebout@wyoming.com
Sen. Bill Landen: blanden@bresnan.net
Sen. Kit Jennings: kit@kitsenate.com
Sen. Drew Perkins: drewperkins08@gmail.com
Sen. Charles Scott: charlesscott@wyoming.com

Rally for Marriage Equality a Success!!!

Please read the Equality State Policy Center's blog post on the rally for marriage equality yesterday in front of the Wyoming Capitol. Post includes an excellent video of the rally shot and produced by Ron Sniffin.

Please click here.

Rally for Marriage Equality at the Capitol TODAY

Come support marriage equality...

When: Wednesday, February 16 at 1 pm
Where: steps of the Capitol building in Cheyenne

ALL ARE INVITED to show support for basic decency & equality

ACTION ALTERT: Ask Senators to vote NO on HB74 TODAY

A discriminatory proposal to void marriages and civil contracts performed in other states unless they are between “one man and one woman” will come before the Senate TODAY. Please take the time to email your Senator and ask them to vote NO on HB74 Validity of Marriages.

Extensive testimony in the federal court in Northern California found that the only reasons to oppose same-sex marriage were religious and moral. This bill violates the equal protection clause of both the Wyoming and U.S. Constitutions. HB74 would send a clear message of intolerance within Wyoming, and would limit Wyoming same-sex couple’s access to courts. This bill would also invalidate legally binding civil unions and marriages performed in other states. Take action NOW!!! Email your Senator TODAY.

Contact information for the Senate:

Sen. Ogden Driskill: senatedriskill@rtconnect.net
Sen. Jim Anderson: jamesda1@msn.com
Sen. Curt Meier: cmeier@wyoming.com
Sen. Tony Ross: tross@wyoming.com
Sen. Fred Emerich: femerich@wyoming.com
Sen. Wayne Johnson: wajohnsonsd6@yahoo.com
Sen. Leslie Nutting: lnutting@wyoming.com
Sen. Floyd Esquibel: fesquibel@wyoming.com
Sen. Chris Rothfuss: rothfuss@wyoming.com
Sen. Phil Nicholas: nicholas@wyolegal.com
Sen. Larry S. Hicks: lhicks@wyoming.com
Sen. Marty Martin: mmartin@wyoming.com
Sen. John Hastert: jhastert2@wyoming.com
Sen. Stan Cooper: scooperwy@gmail.com
Sen. Paul Barnard: pbarnard@wyoming.com
Sen. Dan Dockstader: ddockstader@wyoming.com
Sen. Leland Christensen: lchristensen@wyoming.com
Sen. Hank Coe: hcoe@wyoming.com
Sen. R. Ray Peterson: rpeterson@wyoming.com
Sen. Gerald Geis: ggeis@wyoming.com
Sen. Bruce Burns: bburns@dbburns.com
Sen. John Schiffer: jschiffe@wyoming.com
Sen. John Hines: jhines@wyoming.com
Sen. Michael Von Flatern: mvonflatern@wyoming.com
Sen. Cale Case: ccase@wyoming.com
Sen. Eli Bebout: senbebout@wyoming.com
Sen. Bill Landen: blanden@bresnan.net
Sen. Kit Jennings: kit@kitsenate.com
Sen. Drew Perkins: drewperkins08@gmail.com
Sen. Charles Scott: charlesscott@wyoming.com

Linda Burt on the culture wars in Wyoming

“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.” Justice Robert Jackson

Last week began with a group of “family values” lobbyists praying every hour on the hour in the Capitol hallway. In addition to the prayer the group presented huge flat screen videos of the human fetus along with questionable “scientific” information. There was testimony that abortion caused cervical and uterine cancer, infertility, miscarriages, depression and suicide. Of course, none of these statements are true although testimony from experts to this fact never seem to deter individuals from continuing to insist on their misinformation.

I respect the fact that people do not believe in abortion because of personal or religious values. That is defensible and understandable. What I will never understand is insisting on false and misleading information as a rationale for beliefs.

Testimony by the bill’s sponsor Representative Brechtel was, at one point, stopped by Speaker Buchannan as inflammatory and outside the scope of the bill... While supporters claimed the bill was about providing information and protection for women, it was clear the bill was about burdening the Wyoming Statutes with a set of particular religious beliefs. The bill directed physicians to do and say certain things and required a 24 hour waiting period for women wanting an abortion. In the history of the Wyoming Legislature there has never been a medical procedure the legislature has given physicians direction in dealing with. There is no indication that physicians in Wyoming are so lacking in skill that they must be instructed by the legislature in carrying out their duties. The bill also made it clear that women were not able to make intelligent informed choices without the assistance of the State of Wyoming. For a group of individuals that claim to hate government intrusion, this bill exemplifies intrusion.

Three of our outstanding women legislators made compelling arguments against this bill and ended up being singled out by MSNBC’s The Rachel Maddow Show two nights in a row. The segment on Wyoming was excellent but pointed out the inconsistency in small government conservatives continuing interest in interfering in women’s reproductive privacy.

Early on in the session Representative Brechtel’s original abortion bill was voted down by the House. The Representative quickly wrote and filed a similar bill; this bill has now passed the House and has been assigned to the Senate Agriculture Committee for debate. Representative Brechtel has brought legislation that interferes with women’s privacy year after year, session after session.

While this session has been filled with useless bills and resolutions regarding federal health care, constitutional instruction for elected officials, property rights, federal balanced budgets and repeal of the 17th Amendment, few have taken the countless time and energy the so called same-sex marriage bills have taken. These bills are bills that the culture war lobby supports using the same tactics of misinformation and hysteria regarding the destruction of traditional marriage and family life. One bill would ban same-sex marriage or civil unions and deny recognition of same-sex marriages performed in other states; the other bill is almost identical in nature but would enshrine the discrimination in our constitution. Again, while I understand why religious groups would not perform same-sex marriages based on their religious beliefs, I do not understand why any lawmaker would support the State enshrining discrimination into our laws or our Constitution.

I have watched individuals this session, who claim to be patriots, claim to love America, and I believe that these individuals are sincere in their beliefs; I have no reason to doubt that. I believe they love America – I don’t believe that they like other Americans. They don’t like Americans of different races or colors. They don’t like gay and lesbian Americans. They don’t like poor or unemployed Americans. They don’t like or respect religions other than their own, or politics other than their own. They believe in the Bill of Rights only as it protects and supports their own beliefs.

Linda Burt
Executive Director, Wyoming Chapter
American Civil Liberties Union

Maddow on Wyo abortion bill, gives props to Throne

Wyoming anti-abortion bill advances

Rachel Maddow updates the story of anti-abortion legislation in the Wyoming state legislation and the efforts of its Democratic and small-government Republican opponents.

Click here to watch

Legislative Update Feb. 9

This week has been very difficult with HB 251- Representative Brechtel’s Abortion – ultrasound information passing first reading on the House floor. The changes made in the bill made no improvement on the violation of doctor-patient relationship or the burdensome 24 hour waiting period. This bill continues to be an unnecessary bill the purpose of which is to invade women’s private reproductive health decisions and insert religious belief into our statutes. Significant amendments were made and passed today however the fact remains that this bill should simply be voted down. We STRONGLY oppose this bill.

HB40 – Compensation for persons exonerated based on DNA will be heard in the Senate judiciary at 8 A.m. tomorrow morning. This bill has received good support and has had few amendments. We support this bill.

HB69 – Prescriptions for marijuana invalid – is moving forward with few amendments and will start its journey through the Senate this week. Unfortunately, it looks like this bill has support and will pass. We oppose this bill.

HB74- Validity of marriage Despites it’s numerous legal problems this bill along with SJ5 - Defense of marriage –constitutional amendment continue to pass through the process. Both of these bills are unnecessary, discriminatory, and probably unconstitutional on both a state and federal level. We STRONGLY oppose this bill.

HB121- Public Records has passed out of the house and been assigned to House Judiciary Committee. This bill would do a great deal to strengthen our current public records act. We support this bill.

Rachel Maddow gives shout out to Wyoming legislators

Rachel Maddow shares audio of speeches by Republican representatives in the Wyoming state legislature urging colleagues to vote against a Republican anti-abortion bill and keep government out of the doctor's office.


Click here to watch

Abortion – Ultrasound Information

HB0251 Abortion – ultrasound information – AN ACT relating to public health and safety; requiring physicians to provide patients with specified information before certain nonemergency abortion procedures; providing definitions and amending a definition; and providing for an effective date.

We oppose this bill. This bill is an unwarranted intrusion into private medical care. HB0251 would require women who are considering abortion to be given government-scripted information and then wait 24 hours before having the procedure. This bill interferes with the doctor-patient relationship and inserts the government into the examination room, and allows politics come between a woman and her physician.

Help us protect a woman’s right to choose; call your Representative and ask them to vote NO on HB0251.