"We have at least one magistrate who will do same-sex marriages but I will not be able to," explained Neely to the Sublette Examiner."When law and religion conflict, choices have to be made." Last August the Commission on Judicial Conduct and Ethics launched an investigation into Neely's statements to determine if she should be removed from her office.Jason Marsden, executive director of the Matthew Shepard Foundation, told the Associated Press last August that he supported the inquiry against Neely."They're going to find out from the judicial system that doing their job for gay and lesbian customers and citizens is their responsibility.
"Yet the Commission instead chooses a far more drastic, disproportionate punishment: complete removal from any judicial position, regardless of whether that position is authorized to perform marriages." In October of 2014, a federal judge struck down Wyoming's law banning gay marriage.That December, Neely was quoted in a local media outlet as saying that she refused to perform gay marriages.Supporters of gay marriage wave the rainbow flag after the U. With the ruling, gay marriage will become legal in all 50 states. The court ruled 5-4 that the Constitution's guarantees of due process and equal protection under the law mean that states cannot ban same-sex marriages.
Municipal Judge and Circuit Court Magistrate Ruth Neely of Pinedale may be removed from the bench by the Wyoming Supreme Court following a recommendation from a state agency that she be punished for her stance.
The Becket Fund for Religious Liberty filed an amicus brief Tuesday in support of Judge Neely, arguing that the effort to remove her from the judiciary "violates both the United States and Wyoming Constitutions." At specific issue in the amicus brief was a recommendation filed February from the Wyoming Commission on Judicial Conduct and Ethics supporting Neely's removal from office.