Recognition of same-sex unions in Wyoming: Difference between revisions

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Background

Wyoming law (20-1-101) currently doesn't allow same-sex couples to marry. "Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential."

However, Wyoming law must recognize marriages that were validly performed in other states where they are legal. This means that for example, a same-sex couple who lives in Wyoming, can go to Connecticut or Massachusetts and get a marriage license, return back to Wyoming, and the state must recognize it.

Constitutional Amendment

In 2009, the legislature proposed an amendment to the state constitution which would have made it unconstitutional for the state to recognize same-sex marriages performed in other jurisdictions. After an intense, emotional debate on the matter, the measure was voted down with 35 against the ban, with 25 in favour. The measure would have needed to have been approved by 2/3rds of the legislature before it could have been submitted to Wyoming voters for ratification. [1]

[kon-2] Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[3] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[4] Neither performed nor recognized in six British Overseas Territories.

[usa-5] Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

[israel-6] Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-7] The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.

[8] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[9] Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.

[10] Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[11] Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[12] Some cities and prefectures issue partnership certificates, but they are not legally binding.

[13] Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.

[14] Hospital visitation rights through a "legal representative" status.

[notyet-1] Not yet in effect.

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 ==Background==
 Wyoming law (20-1-101) currently doesn't allow same-sex couples to marry. "Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential."