Text of WY HB 167 (2018)
The Marriage and Constitution Restoration Act.
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As introduced
9,406 characters
2018
STATE OF WYOMING
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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;
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prohibiting any state action that treats sexual orientation
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as a suspect class; prohibiting the state and its political
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subdivisions
from
granting,
endorsing,
respecting
or
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recognizing any marriage not between a man and woman;
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providing legislative findings;
and providing for an
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effective date.
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Be It Enacted by the Legislature of the State of Wyoming:
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Section 1.
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(a) The legislature finds that:
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(i) Parody marriages and policies that endorse
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parody marriages are nonsecular in nature for purposes of
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the Establishment Clause of the First Amendment to the
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United States Constitution;
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(ii) Marriages between a man and a woman and
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policies that endorse marriages between a man and a women
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are secular in nature for purposes of the Establishment
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Clause of the First Amendment to the United States
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Constitution;
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(iii) Civilizations for millennia have defined
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marriage as a union between a man and a woman;
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(iv) Marriage between a man and a woman arose
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out of the nature of things and is natural, neutral and
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noncontroversial unlike parody marriages;
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(v) The state of Wyoming has a duty under
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article 6 of the United States Constitution to uphold the
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United States Constitution;
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(vi) The First Amendment applies to the state of
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Wyoming through the Fourteenth Amendment to the United
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State Constitution;
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(vii) The First Amendment to the United States
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Constitution has exclusive jurisdiction over which types of
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marriages the state can endorse, respect and recognize;
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(viii) All forms of parody marriage and all
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nonheterosexual sexual orientations or self asserted sex
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based identify narratives that fail to check out with the
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human design are part of the religion of secular humanism;
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(ix) In Torcaso v. Watkins , 367 U.S. 488
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(1961), and Edwards v. Aguillard, 482 U.S. 578 (1987), the
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United States Supreme Court found that secular humanism is
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a religion for purposes of the Establishment Clause of the
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First Amendment to the United States Constitution;
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(x) The state of Wyoming is prohibited from
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endorsing or favoring religion over nonreligion;
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(xi) The state of Wyoming's decision to respect,
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endorse
and
recognize
parody
marriages
and
sexual
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orientation
policies
has
excessively
entangled
the
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government with the religion of secular humanism, failed to
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HB0167
accomplish its intended purpose and created an indefensible
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legal weapon against nonobservers;
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(xii) In the wake of Obergefell v. Hodges, 135
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S. Ct. 2584 (2015), there has not been a land rush on same
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sex marriage but there has been a land rush on the
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persecution of nonobservers by secular humanists and an
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effort by secular humanists to infiltrate and indoctrinate
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minors in public schools to their religious worldview which
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is obscene and questionably moral and plausible;
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(xiii) It
is
unsettled
whether
sexual
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orientation is immutable or genetic and is therefore a
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matter of faith;
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(xiv) Parody marriages have never been a part of
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American tradition and heritage;
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(xv) All
forms
of
parody
marriage
erode
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community standards of decency, and this state has a
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compelling interest to uphold community standards of
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decency as set forth under the Wyoming Constitution;
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(xvi) Parody
marriage
policies
and
statutes
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treating
nonheterosexual
people
as
a
suspect
class
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constitute nonsecular state action, and policies that
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respect, endorse and recognize a marriage between a man and
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a woman constitute secular state action and accomplishes
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their intended objective;
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(xvii) In view of the Free Exercise Clauses of
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the First Amendment to the United States Constitution and
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the Wyoming Constitution:
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(A) Any person in Wyoming may cultivate any
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sexual orientation or self asserted sex based identity
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narrative at-will, even if it does not check out with the
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human design as a matter of self evident observation;
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(B) Any person in Wyoming may conduct any
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form of marriage ceremony to include parody marriage
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ceremonies and other rituals that accord with their self
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asserted sexual orientation or other sex asserted sex based
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identity narrative and live as married persons do as long
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as the ceremonies do not conflict with other parts of state
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and federal law;
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(C) The state of Wyoming shall no longer
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respect, endorse or recognize any parody marriage policies
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because such policies constitute nonsecular state action;
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(D) The state of Wyoming shall no longer
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enforce, recognize or respect any policies that treat self
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asserted sexual orientation as a suspect class because such
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policies constitute nonsecular state action.
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(b) As used in this section:
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(i) "Nonsecular state action" means any state
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action that endorses, respects and recognizes the beliefs
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of a particular religion where the preeminent and primary
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force driving the state action is not genuine but is a sham
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that ultimately has a primarily religious objective;
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(ii) "Parody
marriage"
means
any
form
of
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marriage not between a male and a female person;
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(iii) "Secular state action" means any state
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action that is natural, neutral, noncontroversial and based
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HB0167
on self evident truth and whose primary driving force is
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genuine, not a sham and not merely secondary to a religious
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objective.
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Section 2. W.S. 9-23-101 is created to read:
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CHAPTER 23
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SEXUAL ORIENTATION
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9-23-101. Sexual
orientation
laws
and
policies
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prohibited.
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Notwithstanding any other provision of law, the state and
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its political subdivisions shall not
enact, enforce,
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respect or recognize any law or policy that treats sexual
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orientation as a suspect class, because action constitutes
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nonsecular state action that exclusively entangles the
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state with the religion of secular humanism. As used in
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this section, "nonsecular state action" means any state
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action that endorses, respects and recognizes the beliefs
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of a particular religion where the preeminent and primary
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force driving the state action is not genuine but is a sham
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that ultimately has a primarily religious objective.
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Section 3. W.S. 20-1-101 is amended to read:
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20-1-101. Marriage a civil contract.
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(a) Marriage is a civil contract between a male and a
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female person to which the consent of the parties capable
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of contracting is essential. Notwithstanding any other
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provision of law, the state and its political subdivisions
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shall not grant, endorse, respect or recognize any form of
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parody marriage, because such action constitutes nonsecular
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state action. The state and its political subdivisions
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shall continue to grant and recognize marriages between a
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male and a female person because such action constitutes
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secular state action which accomplishes its intended
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purposes. As used in this section:
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(i) "Nonsecular state action" means any state
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action that endorses, respects and recognizes the beliefs
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of a particular religion where the preeminent and primary
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force driving the state action is not genuine but is a sham
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that ultimately has a primarily religious objective;
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(ii) "Parody
marriage"
means
any
form
of
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marriage not between a male and a female person;
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(iii) "Secular state action" means any state
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action that is natural, neutral, noncontroversial and based
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on self evident truth and whose primary driving force is
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genuine, not a sham and not merely secondary to a religious
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objective.
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Section 4. This act is effective July 1, 2018.
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(END)
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