WYOMING (BP) -- In what could be the nation's first religious litmus test for holding a judicial post, the Wyoming Supreme Court is being asked to dismiss a small-town municipal court judge because of her biblical views about marriage. Attorneys for Judge Ruth Neely, along with a growing list of supporters, argue the efforts of an unelected state commission to remove her from office are rooted in religious bias and misinterpretation of the law.
In 2014, a judge overturned Wyoming's marriage statute, allowing same-sex couples to get marriage licenses. A reporter asked Neely, the Pinedale municipal court judge and a part-time circuit court magistrate, if she was excited about performing gay weddings. In the opinion of the Wyoming Commission on Judicial Conduct and Ethics, Neely gave the wrong answer: Her biblical convictions about marriage precluded her from solemnizing such a union.
In December 2014, with no formal complaint filed against Neely over her published remarks, Wendy Soto, executive director of the commission, initiated a judicial misconduct investigation. Within two weeks, the investigatory panel launched a full inquiry. By February 2016, the commission voted unanimously to recommend that the Wyoming Supreme Court remove Neely from her posts, asserting her statement about the sanctity of marriage was tantamount to a refusal to obey the law.
"By adopting this extreme position, the commission has effectively said that no one who holds Judge Neely's widely shared beliefs about marriage can remain a judge in Wyoming," attorneys with Alliance Defending Freedom (ADF) wrote in their petition to the state Supreme Court.
Legal scholars from prominent universities, retired state Supreme Court and federal court justices, the Christian Legal Society, and Family Research Council stated in an amicus brief, "By its order and ensuing recommendation, the commission has created a de facto religious test for judicial office in Wyoming."
http://www.bpnews.net/46908/samesex-marriage-advocates-work-to-oust-smalltown-judge
In 2014, a judge overturned Wyoming's marriage statute, allowing same-sex couples to get marriage licenses. A reporter asked Neely, the Pinedale municipal court judge and a part-time circuit court magistrate, if she was excited about performing gay weddings. In the opinion of the Wyoming Commission on Judicial Conduct and Ethics, Neely gave the wrong answer: Her biblical convictions about marriage precluded her from solemnizing such a union.
In December 2014, with no formal complaint filed against Neely over her published remarks, Wendy Soto, executive director of the commission, initiated a judicial misconduct investigation. Within two weeks, the investigatory panel launched a full inquiry. By February 2016, the commission voted unanimously to recommend that the Wyoming Supreme Court remove Neely from her posts, asserting her statement about the sanctity of marriage was tantamount to a refusal to obey the law.
"By adopting this extreme position, the commission has effectively said that no one who holds Judge Neely's widely shared beliefs about marriage can remain a judge in Wyoming," attorneys with Alliance Defending Freedom (ADF) wrote in their petition to the state Supreme Court.
Legal scholars from prominent universities, retired state Supreme Court and federal court justices, the Christian Legal Society, and Family Research Council stated in an amicus brief, "By its order and ensuing recommendation, the commission has created a de facto religious test for judicial office in Wyoming."
http://www.bpnews.net/46908/samesex-marriage-advocates-work-to-oust-smalltown-judge