On Monday the Wyoming Supreme Court issued a ruling that allows same-sex couples to obtain a divorce. Two women who were legally married in Canada in 2008 had attempted to obtain a divorce in 2010, but the district court dismissed their petition. Monday's decision reversed the district court, allowing the women to proceed with their divorce.

While the decision is seen as a positive one for same-sex couples in Wyoming seeking divorce, it only limits the recognition of same-sex marriage to the context of divorce.

In arriving at its decision, the court said same-sex marriage in this case as comparable to common-law marriage, which is recognized in Wyoming only if entered into validly in another jurisdiction.

Earlier this year, 13 lawmakers attempted to intervene in the case, believing that the district court was correct in its interpretation of the statutes. The district court judge apparently relied upon a state statute defining marriage as being between a man and a woman. Monday's decision, though, relied more on a state statute stating that "marriage contracts which are valid by the laws of the country in which contracted are valid in this state."

Last winter, the Wyoming legislature struck down a constitutional amendment that sought to ban recognition of same-sex marriages performed in other states.

Those opposed to the decision say it is not the place of the courts to define marriage. Groups such as WyWatch-a family organization opposed to same-sex marriage-say they will keep encouraging Wyoming lawmakers to allow voters to weigh in on the Defense of Marriage constitutional amendment.

It isn't clear how the controversial case will affect the legal climate in Wyoming. According to the women's attorneys, the decision was a positive one for their clients, but they noted that it was a rather narrow decision.

Source: Billings Gazette, "Wyoming Supreme Court reverses same-sex divorce ruling," Joan Barron, 6 June 2011.