Neely v. Wyoming Commission on Judicial Conduct and Ethics
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The story of a small-town, Wyoming judge raises a big question: Is there room in our society for people to live according to different views of marriage?
Ruth Neely is a municipal judge and part-time circuit court magistrate from Pinedale, Wyoming. Shortly after Wyoming legalized same-sex marriage, a local reporter published an article stating that Judge Neely would be unable to perform same-sex weddings because of her religious beliefs. Based on the article, the Wyoming Commission on Judicial Conduct and Ethics launched an unprecedented investigation against her.
Even though Wyoming law does not require (or pay) judges to perform weddings at all, and she has never been asked to solemnize a same-sex wedding, and there are several other magistrates who would be happy to do so, the Commission recommended that Judge Neely be stripped of all her judicial duties and fined up to $40,000 because of her beliefs. Town residents, including members of the LGBT community, were incredulous. In Pinedale, Judge Neely is known as an exemplary, caring judge who has spent 21 years treating everyone fairly.
Judge Neely was forced to defend her religious beliefs in the Wyoming Supreme Court, represented by the Alliance Defending Freedom. In May 2016, Becket submitted a friend-of-the-court brief arguing that it would violate the Wyoming and federal constitutions to penalize Judge Neely because of her religious beliefs. In March 2017, the Wyoming Supreme Court unanimously rejected the government’s request for extreme sanctions, allowing Judge Neely to keep both of her judicial positions. But a bare majority of the Court, in a 3-2 vote, ruled that she cannot continue performing any marriage ceremonies unless she’s willing to violate her faith by personally performing same-sex ceremonies. The dissenting justices defended Judge Neely and got the big question right: “In our pluralistic society, the law should not be used to coerce ideological conformity. Rather, on deeply contested moral issues, the law should ‘create a society in which both sides can live their own values.’”
Becket stands ready to defend others like Judge Neely, who, despite government pressure to conform, courageously choose to follow their conscience.