Editorial board: Time for Wyoming to say yes to gay marriage

It's time to allow same-sex couples to wed in Wyoming.

Changing state law regarding same-sex unions is the right and moral thing to do, it's increasingly inevitable and it'll fix a paradox in the law.

While a case now before a Wyoming court could result in a decision that strikes down the law, lawmakers should closely watch the court case and act decisively to change Wyoming's marriage law if the court does not.

There's already some momentum from legislators. Seven Republican state lawmakers recently penned a guest column in the Star-Tribune to say why they believe gay marriage meshes with conservative, Republican values. We echo their statements and applaud them for taking their stance.

Changing state law is the right thing to do and fits Wyoming's values.

It's inherently conservative to value the family, to encourage and support two people who want to commit themselves to each other and their children. It's inherently Republican to say that rights afforded to some should be extended to all, regardless of differences. It's inherently libertarian to say the government shouldn't define whether two consenting adults can be legally and exclusively bound to each other. It's inherently moral to say those who have committed themselves to each other shouldn't be excluded from the right, responsibilities or benefits of marriage.

It's increasingly inevitable Wyoming will change its laws and mind on this issue.

Both public opinion and the legal standing for same-sex unions are changing, and quickly. Seventeen states and the District of Columbia now allow same-sex couples to marry. Eight states allowed the unions through legislative action, six states did so by court decision and three by popular vote. Four more states -- Colorado, Oregon, Nevada and Wisconsin -- allow some sort of domestic partnership. Now Wyoming's facing a legal challenge to its marriage law, and South Dakota likely will soon.

More and more people appear to be genuinely changing their position on same-sex unions. And a look at poll trends from the last decade show a remarkable and accelerating shift in public support -- a majority in nearly all recent polls.

The courts also continue their bend toward allowing same-sex couples to wed.

Last June, the U.S. Supreme Court struck down a key part of the federal Defense of Marriage Act and left in place a lower court's ruling calling a California same-sex marriage ban unconstitutional. The 10th Circuit Court of Appeals is currently considering a lower court's reversal of a Utah ban on same-sex unions. The appeals court's decision could have broad ramifications for similar cases across the West, including in Wyoming.

Al Simpson, former U.S. senator from Wyoming, and a trio of state legislators -- all Republicans -- penned an friend-of-the-court brief attacking Utah's ban. Their message was simple: Allowing gays and lesbians to marry promotes the social stability of the family unit. 

Wyoming lawmakers should also change state law to make its marriage law gender-neutral, or it'll only face additional court challenges.

While a 1977 statute bans the performance or recognition of same-sex unions, the law also recognizes legal marriages from other state and countries. The paradox means while Wyoming won't allow gay marriage within its borders, it has allowed a same-sex couple to divorce. That's ludicrous. As more state and countries recognize same-sex unions, it's increasingly likely Wyoming's laws will face court challenges if they aren't reconciled.

We think such challenges should be unnecessary. The state Legislature is the best place for the state to come to terms with how same-sex unions is a good fit in Wyoming. Whichever way the courts rule, we hope the Legislature will revisit the matter and do the right and moral thing.