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Justice

Wyoming Supreme Court Strikes Down Unconstitutional Term Limits Law

On Friday, the Supreme Court of Wyoming struck down most of what remained of a 1992 ballot initiative imposing term limits on state elected officials:

Friday’s ruling covers the offices of secretary of state, auditor, treasurer and superintendent of public instruction. The court didn’t rule on the question of whether term limits for the office of governor are constitutional. . . . Friday’s decision follows a 2004 Wyoming Supreme Court decision that overturned term limits for state legislators.

Voters approved term limits by initiative in 1992. The court’s ruling on Friday states that qualifications for state offices are spelled out in the Wyoming Constitution and requirements can only be changed by constitutional amendment, not state statute.

Although term limits are often popular with voters, research suggests they have proved counterproductive in the states where they exist. Rather than injecting new blood into the lawmaking process and reducing corruption, term limits lead to less experienced lawmakers who spend much of their time in office learning to do their jobs. As a result, lobbyists often enjoy much more power in states with term limits because they understand policy and the lawmaking process far better than the lawmakers themselves. Indeed, as one early study of term limits suggests, “under term limits, there are more lobbyists, these lobbyists are working harder, their ethical behavior is sometimes worse, and they wield more influence in the legislative process, although this power is more evenly distributed.”

LGBT

Wyoming Senate Defeats LGBT Nondiscrimination Protections

The Wyoming Senate defeated Senate Bill 131 on Thursday with a 13-15 vote, which would have created statewide nondiscrimination protections based on sexual orientation and gender identity. Wyoming remains one of 29 states where it’s perfectly legal to fire someone for being gay and one of 34 states where it’s perfectly legal to fire someone for being trans. This defeat, combined with the House’s two votes defeating same-sex marriage and domestic partnerships, suggests there will be no advances for LGBT equality in “The Equality State” this year.

Justice

Wyoming House Approves Unconstitutional Ban On Non-Existent Gun Laws

On Thursday, members of the Wyoming state House gave initial approval to a bill that would nullify any gun laws passed by the U.S. Congress pertaining to extended magazine clips or semi-automatic weapons. The move is not only unconstitutional, but it is thus far unnecessary: Congress has yet to pass any new gun laws for Wyoming to attempt to nullify.

Under the Constitution, states are not permitted to pass laws meant to supersede federal legislation. But state Rep. Kendell Kroeker (R) argued that since Congress has not yet passed any gun laws, the nullification measure did not violate the Constitution. “It is clearly a different case than trying to nullify something that’s already in existence,” Kroeker said.

But his colleagues apparently tried to keep the representative in check, with one pointing out, “If we want to make a statement we can do it, but let’s not let’s not pretend that it’s consistent with the Constitution, because it’s not.”

The bill was also amended to make it a misdemeanor charge for a federal employee to attempt to enforce federal gun laws in Wyoming. That’s actually an improvement from the original bill, which called for felony charges. It will now go to the Wyoming Senate where, with a 23-7 Republican majority, it will likely enjoy broad support.

LGBT

Wyoming Lawmakers Kill Domestic Partnerships But Advance Nondiscrimination Protections

Hopes for legal recognition of same-sex couples in Wyoming were dashed Wednesday, as the Wyoming House voted down a domestic partnership bill with a 24-34 vote. A House committee had similarly voted down a same-sex marriage bill earlier this week, but advanced the domestic partner bill to the full chamber.

Meanwhile, the Equality State’s Senate Judiciary Committee voted 4-1 to approve Senate File 131, which would prohibit discrimination on the basis of sexual orientation and gender identity. Before its passage, an amendment was added that specifies that religious organizations would still be free to make hiring decisions according to their beliefs. Three of the yes votes were Republicans.

(HT: Box Turtle Bulletin.)

LGBT

BREAKING: Wyoming House Committee Defeats Marriage Equality Bill, Advances Domestic Partnerships

Moments ago, the Wyoming House Corporations Committee rejected HB 169, a bill to legalize same-sex marriage, with a close 5-4 vote. Testimony against the bill included threats that gays are pedophiles and that same-sex activity damages colons. Hopes were high that there was bipartisan support for the legislation to pass. Now that the marriage bill has failed, the committee is continuing to consider HB 168, a partner bill that would create domestic partnerships for same-sex couples.

Update

The domestic partnership bill has passed with a 7-2 vote!

Health

Wyoming Lawmaker Introduces Radical ‘Fetal Heartbeat’ Bill To Ban Abortions After Six Weeks

State lawmakers across the country are gearing up for their new legislative sessions — and, just two weeks into the new year, Republicans are already planning their next attacks on women’s reproductive rights. Since voters largely rejected extreme anti-abortion ideology in the November elections, some Republican lawmakers are now treading somewhat cautiously to avoid risking more public outrage over their positions on women’s health.

But at least one anti-choice lawmaker in Wyoming isn’t as worried about disguising his radical agenda. Despite the fact that a similar measure was unable to gain traction in Ohio because the state’s Republicans admitted it was too controversial even among abortion opponents, Wyoming Rep. Kendall Kroeker (R) has introduced an extreme “fetal heartbeat” bill to redefine the medical concept of viability for the women in his state:

Rep. Kendell Kroeker, R-Evansville, a sponsor of HB97, said that detecting heartbeats is a unique way to look at life.

“It became clear that if a baby had a heartbeat, that seemed simple to me that it’s wrong to kill it,” he said.

The bill substitutes two words in current state law with four words. Current law says abortions are prohibited after the embryo or fetus has “reached viability.” The proposed law removes “reached viability” and adds “a detectable fetal heartbeat.” [...]

Kroeker said that the idea for the bill just came to him, but it’s possible that he heard about it in the news.

Restrictions on late term abortion procedures were one of the most popular methods that Republicans employed to limit reproductive freedom in 2012. However, those extreme laws can come under the scrutiny of the courts for banning abortion before the point of viability, which medical professionals agree occurs at about 22 or 23 weeks of pregnancy. Several laws seeking to ban abortions at 20 weeks of pregnancy have been blocked in court because they go too far to threaten women’s constitutional right to an abortion under Roe v. Wade.

But so-called “fetal heartbeat” bills move the goal posts even further, banning abortion procedures as soon as a fetal heartbeat can be detected — which can occur as early as six weeks, before some women even realize they’re pregnant. According to Kroeker, limiting abortion procedures by an additional 17 weeks is “a unique way to look at life,” but it’s actually a dangerous step toward rolling back women’s constitutional rights.

Justice

Wyoming Mounts Unconstitutional Attack On Non-Existent Gun Laws

Vice President Joe Biden will not deliver his suggestions for gun violence prevention measures to the President until Tuesday. But, in a move that is as unconstitutional as it is presumptuous, lawmakers in Wyoming have already mounted their effort to block whatever legislative measures Biden might suggest. They aim to nullify any federal law that they do not like, and to create punishments for federal agents who might try to enforce new gun safety measures.

In a bill sponsored by eight representatives and two state senators, the lawmakers stipulate that “any federal law which attempts to ban a semi-automatic firearm or to limit the size of a magazine of a firearm or other limitation on firearms in this state shall be unenforceable in Wyoming.” These two measures have been among Biden’s proposals. The Wyoming bill also makes it a felony to enforce federal gun laws:

Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is owned or manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a felony. and, upon conviction, shall be subject to imprisonment for not more less than one (1) year and one (1) day or more than five (5) years, a fine of not more than two thousand dollars ($2,000.00) five thousand dollars ($5,000.00), or both[...]

Any federal law, rule, regulation or order created or effective on or after January 1, 2013

shall be unenforceable within the borders of Wyoming if the law, rule, regulation or order attempts to:
(i) Ban or restrict ownership of a semiautomatic firearm or any magazine of a firearm; or
(ii) Require any firearm, magazine or other firearm accessory to be registered in any manner.

There’s just one glaring problem with the legislators’ plan: If the federal government were to pass such measures, the bill would be unconstitutional.

The constitutional theory they are implementing is called “nullification” — where a state nullifies a federal law, in this case gun safety measures. The constitution actually stipulates that federal law “shall be the supreme law of the land.”

But the lawmakers seem to be ignoring that issue. Wyoming State Senator Larry Hicks tells the Washington Examiner that the he believes the measure is constitutional under the tenth and second amendments. His colleague, Rep. Kendell Kroeker adds that, no matter the constitutionality, “I think that its necessary when the federal government violates our rights in the Constitution we have to act.”

This isn’t the first effort by the Wyoming legislature to circumvent federal law. On the state’s ballot in November, lawmakers added a proposed constitutional amendment that would have exempted the state from Obamacare.

Climate Progress

BLM ‘Auctions’ 720-Million-Ton North Porcupine Coal Tract To Single Bidder For $1.10 A Ton

By Brad Johnson, campaign manager of Forecast the Facts

The Obama administration’s Bureau of Land Management auctioned a major tract of Wyoming coal to Peabody Energy at a bargain-basement price of $1.10 per ton yesterday.

The North Porcupine coal tract in the Powder River Basin went to the single bidder, Peabody subsidiary BPU Western Resources, for $793,270,310.80 for 721 million tons, BLM representative Beverly Gorny stated in a telephone interview.

This sale, made under the provisions of the Mineral Leasing Act of 1920, represents a massive fossil-fuel subsidy based on the assumption that the use of coal benefits the American public. However, it is likely this coal is intended for the Asian market, where sub-bituminous coal fetches a much higher price. The non-competitive leasing program is under federal investigation.

Moreover, the costs of the carbon pollution from mining and burning this coal were not taken into consideration. The 721 million short tons of sub-bituminous coal in the lease sale will generate approximately 1.1 billion metric tons of carbon dioxide when burned. With a modest estimated social cost of carbon at $65 per ton of CO2, the global-warming impacts to society of this lease sale exceed $70 billion — 90 times the price paid for the lease. More than 27,000 people signed a Credo Action petition opposing the fire sale of Wyoming’s sub-prime carbon reserves.

The lease sale still has to be approved by the BLM post-sale panel, which recently rejected a low-ball bid for an adjoining tract.

Justice

GOP State Rep. Bob Nicholas Arrested For Kicking And Beating Mentally Disabled Son

State Rep. Bob Nicholas (R-Cheyenne)

Late last month, Wyoming state Rep. Bob Nicholas (R) was arrested following an incident where he kicked and beat his disabled son outside of a restaurant:

Nicholas, 54, was arrested in Boca Grande, Fla., while on vacation after allegedly punching and kicking his 19-year-old mentally disabled son, according to a Lee County Sheriff’s Office report. The document indicates that multiple witnesses outside of a restaurant saw Nicholas hit his son repeatedly with a closed fist, push him onto the sidewalk and then kick him more than five times.

The Lee County Sheriff’s Office contacted Nicholas about two hours after the incident in the hotel room where he and his son were staying. A sergeant reported a small blood stain on a bedspread in the room and observed that the victim had redness and welts on his neck and a foot-sized abrasion to the skin around his left ribcage that appeared to have a shoelace pattern to it, the report says. Nicholas was placed under arrest and transported to the Lee County Jail without incident. He was released Nov. 24 on a $20,000 bond.

Nicholas explained his behavior by saying his son, who has a condition similar to autism, was being combative during lunch, and that he needed “corporal punishment.” He has no intentions of resigning. “I don’t think I committed a crime, so why would I?” he said.

LGBT

Wyoming Supreme Court: Same-Sex Marriages Are Not ‘Contrary To The Law Of Nature’

Yesterday, the Wyoming Supreme Court “unanimously reversed a district court ruling, allowing a same-sex couple to obtain a divorce in Niobrara County.” The ruling means that the “state’s courts have jurisdiction to grant the divorce of a same-sex couple who were legally married in Canada.”

The opinion lays out three different types of marriages: legal marriages between a man and a woman that are recognized by the state of Wyoming, marriages that the state does not recognize but are common in other states (like common law marriages) and a third very low form of marriage that is “deemed contrary to the law of nature.” Significantly, the Court found that same-sex marriage fit into the second category and likened them to common law marriages which, while not recognized by the state, can be dissolved within it:

Under common law, this rule of validation, otherwise known as the rule of lex loci celebrationis, is subject to “certain recognized exceptions, namely, marriages which are deemed contrary to the law of nature as generally recognized in Christian countries, such as polygamous and incestuous marriages, and those which the legislature of the state has declared shall not be allowed any validity, because contrary to the policy of its laws.” Hoagland, 27 Wyo. at 180-81, 193 P. at 843-44 (Wyo. 1920).

The policy exception is necessarily narrow, lest it swallow the rule. It is not enough that a marriage would not be valid if solemnized in Wyoming. Common law marriages provide a good example. [...] Likewise, recognizing a valid foreign same-sex marriage for the limited purpose of entertaining a divorce proceeding does not lessen the law or policy in Wyoming against allowing the creation of same-sex marriages.

The Court does stress that the opinion is not an endorsement of same-sex marriage — “The question of recognition of such same-sex marriages for any other reason, being not properly before us, is left for another day,” it says — but it’s certainly moving the state in the right direction.

Wyoming state law defines marriage as a union between a man and woman, but recognizes marriages performed in other states.

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