CHEYENNE, Wyo. – A small-town judge who says her religious beliefs prevent her from presiding over same-sex marriages was publicly censured by the Wyoming Supreme Court on Tuesday.
But while the court said her conduct undermines the integrity of the judicial system, it does not warrant removal from the bench. In a 3-2 decision, Justice Kate Fox wrote that Judge Ruth Neely violated judicial conduct code but removing Neely would “unnecessarily circumscribe protected expression.”
In Neely’s case, the dissenting justices argued that Neely didn’t violate any judicial conduct code. “Wyoming law does not require any judge or magistrate to perform any particular marriage, and couples seeking to be married have no right to insist on a particular official as the officiant of their wedding,” Justice Keith Kautz wrote in the dissent that was joined by Justice Michael K. Davis.