Former Wyoming Legislator Tom Lubnau, who was truly one of the great ones in the old school Wyoming way, has taken up writing columns for The Cowboy State Daily. That's to the CSD's credit and shows its effort to become a real electronic journal, something that's impressive considering it was set up as a right wing organ. Lubnau is a conservative Wyoming Republican, but a conservative Wyoming Republican, something that's becoming increasingly rare.
Or maybe not.
He's not afraid of poking at the wolverine.
He recently wrote this interesting item:
Tom Lubnau: Legislating Private Parts Is Popular This Legislative Session
This op ed is written from the point of view that virtually defined Wyoming Republicans for my whole adult life, up until the Obama/Trump Era, when things began to get really radical in the legislature.
His article is illuminating and I'm linking it in for several reasons.
One of those is that Lubnau give a really nice discussion of the law as it used to be, on some of the same topics that I addressed here:
Until Death Do Us Part. Divorce and Related Domestic Law. Late 19th/Early 20th Century, Mid 20th Century, Late 20th/Early 21st Century. An example of the old law, and the old customs, being infinately superior to the current ones and a call to return to them.
It seems, now, there is a trend to sponsor legislation to invite the State of Wyoming back into the bedroom.One has to wonder if regulating bedroom conduct is the pressing issue of the day, or if there is some other motive such as creating a campaign issue for the election season, that is driving the legislation. In other words, how many people do you meet every day whose biggest concern is lack of regulation of private parts?
HOUSE BILL NO. HB0068Obscenity-impartial conformance.Sponsored by: Representative(s) Hornok, Angelos, Bear, Neiman, Ottman, Pendergraft, Penn, Rodriguez-Williams, Strock, Trujillo and Ward and Senator(s) IdeA BILLforAN ACT relating to crimes and offenses; repealing an exception to the crime of promoting obscenity regarding possessing obscene materials for specified bona fide educational purposes; and providing for an effective date.Be It Enacted by the Legislature of the State of Wyoming:Section 1. W.S. 6-4-302(c)(ii) is repealed.Section 2. This act is effective July 1, 2025.
And:
HOUSE BILL NO. HB0088
Public display of obscene material.
Sponsored by: Representative(s) Ottman, Davis, Hornok, Penn and Strock
A BILL
for
AN ACT relating to crimes and offenses; prohibiting public communication of obscene material; providing a definition; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6‑4‑301(a) by creating a new paragraph (vi) and 6‑4‑302(a)(iii) are amended to read:
6‑4‑301. Definitions.
(a) As used in this article:
(vi) "Publicly communicate" means to display, post, exhibit, give away or vocalize material in such a way that the material may be readily and distinctly perceived by the public at large by normal unaided vision or hearing.
6‑4‑302. Promoting obscenity; penalties.
(a) A person commits the crime of promoting obscenity if he:
(iii) Knowingly disseminates or publicly communicates obscene material.
Section 2. This act is effective July 1, 2024.
§ 5808. Attempted miscarriage.
Whoever prescribes or administers to any pregnant woman, or to any woman whom he supposes to be preg- nant , any drug , medicine , or substance whatever, with intent thereby to procure a miscarriage of such woman ; or with like intent uses any instrument or means whatever, unless such miscarriage is necessary to preserve her life, shall if the woman miscarries or dies in consequence thereof , be imprisoned in the penitentiary not more than fourteen years .
§ 5809. Woman soliciting miscarriage . Every woman who shall so- licit of any person any medicine , drug or substance or thing whatever , and shall take the same , or shall submit to any operation or other means whatever , with intent thereby to procure a miscarriage (except when necessary for the purpose of saving the life of the mother or child), shall be fined not more than five hundred dollars and imprisoned in the county jail not more than six months ; and any person who , in any manner whatever, unlawfully aids or assists any such woman to a violation of this section , shall be liable to the same penalty.
Would the legislature of today go that far? Again, this is clearly unconstitutional under the current law, and it would in fact outlaw homosexual conduct, as well as a bunch of non-homosexual conduct. Presumably no modern legislature would be comfortable with what the pre 1970s Wyoming legislature, and pre 1970s Wyoming society, was in this era. Probably nobody ought to be, as this is really invasive.
§ 3951. Remarriage prohibited within one year .
During the period of one year from the granting of a decree of divorce , neither party thereto shall be permitted to remarry to any other person . Any person violating the provisions of this section shall be deemed guilty of a mis- demeanor , and shall be fined in any sum not less than twenty - five dollars nor more than one hundred dollars , or be imprisoned in the county jail not exceeding three months , in the discretion of the court.
§ 3924. Causes for divorce .A divorce from the bonds of matrimony may be decreed by the district court of the county where the parties , or one of them reside , on the application of the aggrieved party by petition , in either of the following.cases :First - When adultery has been committed by any husband or wife .Second - When one of the parties was physically incompetent at the time of the marriage , and the same has continued to the time of the divorce .Third - When one of the parties has been convicted of a felony and sentenced to imprisonment therefor in any prison , and no pardon granted , after a divorce for that cause, shall restore such party to his or her conjugal rights .Fourth - When either party has wilfully deserted the other for the term of one year .Fifth - When the husband or wife shall have become an habitual drunkard .Sixth - When one of the parties has been guilty of extreme cruelty to the other .Seventh - When the husband for the period of one year , has negected to provide the common necessaries of life , when such neglect is not the result of poverty, on the part of the husband, which he could not avoid by ordinary industry .Eighth - When either party shall offer such indignities to the other , as shall render his or her condition intolerable .Ninth - When the husband shall be guilty of such conduct as to constitute him a vagrant within the meaning of the law respecting vag- rancy .Tenth - When prior to the contract of marriage or the solemnization thereof, either party shall have been convicted of a felony or infamous crime in any state , territory or county without knowledge on the part of the other party of such fact at the time of such marriage . Eleventh - When the intended wife at the time of contracting mariage, or at the time of the solemnization thereof shall have been pregnant by any other man than her intended husband and without his knowledge at the time of such solemnization . [ R. S. 1887 , § 1571 ; R. S. 1899 , § 2988. ]
Evidence was required:
§ 3947. Corroborating evidence required .
No decree of divorce, and of the nullity of a marriage, shall be made solely on the declara- tions , confessions or admissions of the parties , but the court shall in all cases require other evidence in its nature corroborative of such declarations , concessions or admissions . [ R. S. 1887 , § 1597 ; R. S. 1899 , § 3011. ]
§ 3948. Proof of adultery insufficient when .
In any action brought for divorce on the ground of adultery , although the fact of adultery be established , the court may deny a divorce in the following cases:
First - When the offense shall appear to have been committed by the procurement , or with the connivance of the plaintiff .
Second - When the offense charged shall have been forgiven by the injured party and such forgiveness shall be proved by express proof , or by the voluntary cohabitation of the parties with the knowledge of the offense .
Third - When there shall have been no express forgiveness and no voluntary cohabitation of the parties but the action shall not have been brought within three years after discovery by the plaintiff of the of fense charged . [ R. S. 1887 , § 1598 ; R. S. 1899 , § 3012. ]