The Marriage and Constitution Restoration Act.

2018
STATE OF WYOMING
18LSO-0490
Numbered
1.4

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; prohibiting any state action that treats sexual orientation as a suspect class; prohibiting the state and its political subdivisions from granting, endorsing, respecting or recognizing any marriage not between a man and woman; providing legislative findings; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

(a)

The legislature finds that:

(i)

Parody marriages
and policies that endorse parody marriages
are non
secular in nature for purposes of
the Establishment Clause of the First Amendment to the United States Constitution;

(ii)

Marriages between a man and a woman
and policies that endorse marriages between a man and a women
are secular in nature for purposes of the Establishment Clause of the First Amendment to the United States Constitution;

(iii)

Civilizations for millennia have defined marriage as a union between a man and a woman;

(iv)

Marriage between a man and a woman arose out of the nature of things and is natural, neutral and noncontroversial unlike parody marriages;

(v)

The state of Wyoming has a duty under article 6 of the United States Constitution to uphold the United States Constitution;

(vi)

The First Amendment applies to the state of Wyoming through the Fourteenth Amendment to the United State Constitution;

(vii)

The First Amendment
to the United States Constitution
has exclusive jurisdiction over which types of marriages the state can endorse, respect and recognize;

(viii)

All forms of parody marriage and all
nonhetero
sexual

sexual
orientations
or
self asserted sex based identify narratives that fail to
check out with the
human design are part of the religion of secular humanism;

(ix)

In
Torcaso
v. Watkins

, 367 U.S. 488 (1961), and
Edwards

v.

Aguillard
,
482 U.S.

578 (1987), the United States Supreme Court found that secular humanism is a religion for purposes of the Establishment Clause
of the First Amendment to the United States Constitution
;

(x)

The state of Wyoming is prohibited from endorsing or favoring religion over
non
religion;

(xi)

The state of Wyoming
'
s decision to respect, endorse and recognize parody marriages and sexual orientation
policies

has excessively entangled the government with the religion of secular humanism, failed to
accomplish its intended purpose and created an indefensible legal weapon against nonobservers;

(xii)

In

the

wake

of

Obergefell

v.

Hodges
,

135

S.

Ct.

2584

(2015),

there

has

not

been

a

land

rush

on

same

sex

marriage

but

there

has

been

a

land

rush

on

the

persecution

of

non
observers

by

secular

humanists

and

an

effort

by

secular

humanists

to

infiltrate

and

indoctrinate

minors

in

public

schools

to

their

religious

worldview

which

is

obscene

and

questionably

moral

and

plausible
;

(xiii)

It is unsettled whether sexual orientation is immutable or genetic and is therefore a matter of faith;

(xiv)

Pa
rody marriages have never been a
part of American tradition and heritage;

(xv)

All forms of parody marriage erode community standards of decency
,
and this state has a compelling interest to uphold community standards of decency as set forth under the Wyoming Constitution;

(xvi)

Parody marriage policies and statutes
treating
non
heterosexual people
as a suspect class

constitute
non
secular
state action
, and policies that respect, endorse and recognize a marriage between a man and a woman
constitute
secular
state action and
accomplish
es their
intended
objective;

(xvii)

In view of the Free
Exercise
Clause
s
of the First Amendment to the United States Constitution and the Wyoming Constitution:

(A)

Any person in Wyoming may c
ultivate any
sexual orientation or self asserted
sex based identity narrative at
‑
will, even if it does not
check out with the
human design as a matter of self evident observation;

(B)

Any person in Wyoming may c
onduct any form of marriage ceremony
to include parody marriage ceremonies
and other rituals th
at accord with their
self asserted
sexual orientation or other sex asserted sex based identity narrative and live as married persons do as long as the ceremonies do not conflict with other p
arts of state and federal law;

(C)

The state of Wyoming shall no longer respect, endorse or recognize any parody marriage policies becau
se such policies constitute non
secular state action;

(D)

The state of Wyoming shall no longer enforce, recognize or r
espect any policies that treat self asserted
sexual orientation as a suspect class because such policies constitute nonsecular state action.

(b)

As used in this section
:

(i)

"Nonsecular state action" means
any state action that endorses, respects and recognizes the beliefs of a particular religion where the preeminent and primary force driving the state action is not genuine but is a sham that ultimately has a primarily religious objective;

(i
i
)

"
P
arody marriage" means
any form of marriage not between a male and a female person;

(ii
i
)

"Secular state action" means any state action that is natural, neutral, noncontroversial and based
on self evident truth and whose primary driving force is genuine, not a sham and not merely secondary to a religious objective.

Section

2
.

W.S.
9
‑
23
‑
101
is
created to read:

CHAPTER 2
3
SEXUAL ORIENTATION

9
‑
23
‑
101
.

Sexual orientation
laws and policies
prohibited
.

Notwithstanding any other provision of law, t
he state
and
its political subdivisions shall not
enact,
enforce, respect or recognize any
law
or policy
that treats
sexual orientation
as a suspect class
,
because
action
constitute
s

non
secular state action
that exclusively entangles the state with the religion of secular humanism
.
As used in this section, "non
secular state action" means any state action that endorses, respects and recognizes the beliefs of a particular religion where the preeminent and primary force driving the state action is not genuine but is a sham that ultimately has a primarily religious objective.

Section
3
.

W.S. 20
‑
1
‑
101 is amended to read:

20
‑
1
‑
101
.

Marriage a civil contract.

(a)

Marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential.
Notwithstanding any other provision of law, t
h
e
state
and
its political subdivisions
shall not
grant,
endorse, respect or recognize any form of parody marriage
, because such action constitutes nonsecular state action. The state and its political subdivisions
shall continue to grant and recognize marriages between a male and a female person
because such action
consti
tutes secular state action which
accomplishes its intended purposes.
As used in
this section
:

(i)

"Nonsecular state action" means any state action that endorses, respects and recognizes the beliefs of a particular religion where the preeminent and primary force driving the state action is not genuine but is a sham that ultimately has a primarily religious objective;

(i
i
)

"
P
arody marriage" means any form of marriage not between a male and a female person
;

(ii
i
)

"Secular state action" means
any state actio
n that is natural, neutral, non
controversial and based on self evident truth and whose primary driving force is genuine, not a sham and not merely secondary to a religious objective.

Section

4
.

This act is effective July 1, 201
8
.

(END)

1
HB0167