Text of WY HB 167 (2018)

The Marriage and Constitution Restoration Act.

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2018 STATE OF WYOMING 18LSO-0490 1 HB0167 HOUSE BILL NO. HB0167 The Marriage and Constitution Restoration Act. Sponsored by: Representative(s) Lone and Edwards A BILL for AN ACT relating to marriage and sexual orientation; 1 prohibiting any state action that treats sexual orientation 2 as a suspect class; prohibiting the state and its political 3 subdivisions from granting, endorsing, respecting or 4 recognizing any marriage not between a man and woman; 5 providing legislative findings; and providing for an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Wyoming: 9 10 Section 1. 11 12 (a) The legislature finds that: 13 14 (i) Parody marriages and policies that endorse 15 parody marriages are nonsecular in nature for purposes of 16 2018 STATE OF WYOMING 18LSO-0490 2 HB0167 the Establishment Clause of the First Amendment to the 1 United States Constitution; 2 3 (ii) Marriages between a man and a woman and 4 policies that endorse marriages between a man and a women 5 are secular in nature for purposes of the Establishment 6 Clause of the First Amendment to the United States 7 Constitution; 8 9 (iii) Civilizations for millennia have defined 10 marriage as a union between a man and a woman; 11 12 (iv) Marriage between a man and a woman arose 13 out of the nature of things and is natural, neutral and 14 noncontroversial unlike parody marriages; 15 16 (v) The state of Wyoming has a duty under 17 article 6 of the United States Constitution to uphold the 18 United States Constitution; 19 20 (vi) The First Amendment applies to the state of 21 Wyoming through the Fourteenth Amendment to the United 22 State Constitution; 23 2018 STATE OF WYOMING 18LSO-0490 3 HB0167 1 (vii) The First Amendment to the United States 2 Constitution has exclusive jurisdiction over which types of 3 marriages the state can endorse, respect and recognize; 4 5 (viii) All forms of parody marriage and all 6 nonheterosexual sexual orientations or self asserted sex 7 based identify narratives that fail to check out with the 8 human design are part of the religion of secular humanism; 9 10 (ix) In Torcaso v. Watkins , 367 U.S. 488 11 (1961), and Edwards v. Aguillard, 482 U.S. 578 (1987), the 12 United States Supreme Court found that secular humanism is 13 a religion for purposes of the Establishment Clause of the 14 First Amendment to the United States Constitution; 15 16 (x) The state of Wyoming is prohibited from 17 endorsing or favoring religion over nonreligion; 18 19 (xi) The state of Wyoming's decision to respect, 20 endorse and recognize parody marriages and sexual 21 orientation policies has excessively entangled the 22 government with the religion of secular humanism, failed to 23 2018 STATE OF WYOMING 18LSO-0490 4 HB0167 accomplish its intended purpose and created an indefensible 1 legal weapon against nonobservers; 2 3 (xii) In the wake of Obergefell v. Hodges, 135 4 S. Ct. 2584 (2015), there has not been a land rush on same 5 sex marriage but there has been a land rush on the 6 persecution of nonobservers by secular humanists and an 7 effort by secular humanists to infiltrate and indoctrinate 8 minors in public schools to their religious worldview which 9 is obscene and questionably moral and plausible; 10 11 (xiii) It is unsettled whether sexual 12 orientation is immutable or genetic and is therefore a 13 matter of faith; 14 15 (xiv) Parody marriages have never been a part of 16 American tradition and heritage; 17 18 (xv) All forms of parody marriage erode 19 community standards of decency, and this state has a 20 compelling interest to uphold community standards of 21 decency as set forth under the Wyoming Constitution; 22 23 2018 STATE OF WYOMING 18LSO-0490 5 HB0167 (xvi) Parody marriage policies and statutes 1 treating nonheterosexual people as a suspect class 2 constitute nonsecular state action, and policies that 3 respect, endorse and recognize a marriage between a man and 4 a woman constitute secular state action and accomplishes 5 their intended objective; 6 7 (xvii) In view of the Free Exercise Clauses of 8 the First Amendment to the United States Constitution and 9 the Wyoming Constitution: 10 11 (A) Any person in Wyoming may cultivate any 12 sexual orientation or self asserted sex based identity 13 narrative at-will, even if it does not check out with the 14 human design as a matter of self evident observation; 15 16 (B) Any person in Wyoming may conduct any 17 form of marriage ceremony to include parody marriage 18 ceremonies and other rituals that accord with their self 19 asserted sexual orientation or other sex asserted sex based 20 identity narrative and live as married persons do as long 21 as the ceremonies do not conflict with other parts of state 22 and federal law; 23 2018 STATE OF WYOMING 18LSO-0490 6 HB0167 1 (C) The state of Wyoming shall no longer 2 respect, endorse or recognize any parody marriage policies 3 because such policies constitute nonsecular state action; 4 5 (D) The state of Wyoming shall no longer 6 enforce, recognize or respect any policies that treat self 7 asserted sexual orientation as a suspect class because such 8 policies constitute nonsecular state action. 9 10 (b) As used in this section: 11 12 (i) "Nonsecular state action" means any state 13 action that endorses, respects and recognizes the beliefs 14 of a particular religion where the preeminent and primary 15 force driving the state action is not genuine but is a sham 16 that ultimately has a primarily religious objective; 17 18 (ii) "Parody marriage" means any form of 19 marriage not between a male and a female person; 20 21 (iii) "Secular state action" means any state 22 action that is natural, neutral, noncontroversial and based 23 2018 STATE OF WYOMING 18LSO-0490 7 HB0167 on self evident truth and whose primary driving force is 1 genuine, not a sham and not merely secondary to a religious 2 objective. 3 4 Section 2. W.S. 9-23-101 is created to read: 5 6 CHAPTER 23 7 SEXUAL ORIENTATION 8 9 9-23-101. Sexual orientation laws and policies 10 prohibited. 11 12 Notwithstanding any other provision of law, the state and 13 its political subdivisions shall not enact, enforce, 14 respect or recognize any law or policy that treats sexual 15 orientation as a suspect class, because action constitutes 16 nonsecular state action that exclusively entangles the 17 state with the religion of secular humanism. As used in 18 this section, "nonsecular state action" means any state 19 action that endorses, respects and recognizes the beliefs 20 of a particular religion where the preeminent and primary 21 force driving the state action is not genuine but is a sham 22 that ultimately has a primarily religious objective. 23 2018 STATE OF WYOMING 18LSO-0490 8 HB0167 1 Section 3. W.S. 20-1-101 is amended to read: 2 3 20-1-101. Marriage a civil contract. 4 5 (a) Marriage is a civil contract between a male and a 6 female person to which the consent of the parties capable 7 of contracting is essential. Notwithstanding any other 8 provision of law, the state and its political subdivisions 9 shall not grant, endorse, respect or recognize any form of 10 parody marriage, because such action constitutes nonsecular 11 state action. The state and its political subdivisions 12 shall continue to grant and recognize marriages between a 13 male and a female person because such action constitutes 14 secular state action which accomplishes its intended 15 purposes. As used in this section: 16 17 (i) "Nonsecular state action" means any state 18 action that endorses, respects and recognizes the beliefs 19 of a particular religion where the preeminent and primary 20 force driving the state action is not genuine but is a sham 21 that ultimately has a primarily religious objective; 22 23 2018 STATE OF WYOMING 18LSO-0490 9 HB0167 (ii) "Parody marriage" means any form of 1 marriage not between a male and a female person; 2 3 (iii) "Secular state action" means any state 4 action that is natural, neutral, noncontroversial and based 5 on self evident truth and whose primary driving force is 6 genuine, not a sham and not merely secondary to a religious 7 objective. 8 9 Section 4. This act is effective July 1, 2018. 10 11 (END) 12