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Cowboy State Daily is Wyoming’s largest newspaper with Wyoming’s most experienced journalists. 

<title>Daily Smile: Friday, January 6, 2023 | Cowboy State Daily</title>

Leave me alone!!!

Daily Smile: Friday, January 6, 2023

Headshot of Cowboy State Daily's general assignment reporter, Clair McFarland.

Clair McFarland

Politics

Government & Politics

The doctor whom Gov. Mark Gordon sought to remove from the Wyoming Board of Medicine over the doctor’s outspoken advocacy for a ban on child sex changes has won his appeal – halfway.

 in the governor’s personal and official capacity for three alleged free-speech and petition violations, all stemming from Cubin’s advocacy for “Chloe’s Law” – a proposed ban on sex-change treatments for kids that ultimately became law.

Cubin, a Casper radiologist, was pushed off the board because of things he said while lobbying state lawmakers to pass Chloe’s Law while he was a member of the Board of Medicine. 

This came after his multiple failed efforts to try and convince Wyoming Medical Society leadership to change its opposition to the bill.

In a letter to state legislators, Cubin called the Medical Society, of which he was a member, “woke” and taken over by “extremely liberal” members.

“I urged our legislators to be circumspect about the information they were being provided and cautious about what they allow physicians to do to kids in our state — something that is now the law across Wyoming,” Cubin said at the time.

[{"type":"text","text":"Gordon wrote to Cubin to remove him from the Wyoming Board of Medicine."}]

The governor told Cubin the doctors the board governs should “have confidence that board members prosecute their responsibilities on the board in an objective and unbiased way.”

[{"type":"text","text":"But Cubin resigned instead."}]

Then he sued the governor in both his official and personal capacities. For the official claims, Cubin wanted the court to make Gordon restore Cubin to his seat on the board, and to declare that Gordon had violated Cubin’s First Amendment rights.

For the personal claims, Cubin sought “monetary damages” against Gordon “in an amount to be determined at trial.”

U.S. District Court Judge Scott Skavdahl pronounced the whole lawsuit insufficient for court and dismissed it.

The judge found that Cubin had failed to show the governor unconstitutionally retaliated against him for his speech because, in Skavdahl’s view, Cubin’s speech didn’t rise to the level of “public concern” and the government’s interest in “promoting efficiency” on the board outweighed Cubin’s expressive rights.

Skavdahl also concluded that for the personal-capacity claims, Gordon has qualified immunity.

A panel of three 10th Circuit Court of Appeals Judges disagreed, saying Cubin’s speech does rise to the level of public concern.

Their Tuesday order sends the case back down to the Wyoming-based federal court for further review – and revives Cubin’s claims against Gordon in his official capacity.

Cubin's attorney Brendan Philbin, of the Liberty Justice Center, said he and Cubin are "thrilled with the result" of the appeal. 

"I think the court really nailed it on what this case is about, when they said that speech on matters of democratic debate is of paramount public importance," said Philbin. "We’re rally happy the court saw that Dr. Cubin was participating in the legislative process and really exercising the rights that we hold dear, to participate in representative government. And we’re excited now to go back to the district court and continue to seek justice for him."

[{"type":"text","text":"Philbin also called the remand a win for Wyomingites. "}]

Cowboy State Daily has reached out to Gordon's office for comment and will update this story. 

[{"type":"text","text":"A Matter Of Public Concern"}]

A person is likelier to prove that his government employer retaliated against him for his speech if his speech was a matter of public concern.

Cubin’s complaints about the Wyoming Medical Society cut against that claim because that’s a private group, wrote 10th Circuit Court Judge Nancy Moritz in the Monday remand order. But he was clearly lobbying for legislation, on a matter of high public concern, the order also says – which cuts in his favor.

“Gordon urges us to view Cubin’s frustrations… as personal grievances with the internal dynamics of the Society, a private organization,” wrote Moritz. 

“On the other hand,” the order counters, “Cubin raised these concerns in opposition of the Society’s 

facts characteristic of ‘the type of core political speech the First Amendment was designed to protect.’”

Cubin’s speech was a matter of public concern, so his retaliation claim against Gordon as an official is revived, the order says.

[{"type":"text","text":"Balancing Disruption Vs. Speech"}]

Gordon had explained his decision to remove Cubin as a safeguard against people questioning the board’s impartiality, and against disruption of “at least some of the Board’s core functions.”

Government employers have an interest in regulating their employees’ speech, but courts also balance that interest against employees’ rights.

Skavdahl’s court hasn’t seen enough evidence for the judge to side with Gordon on that one, the 10th Circuit decision says.

[{"type":"text","text":"Just Sue The Government Though"}]

The Monday order upholds Skavdahl’s ruling that Gordon gets qualified immunity for his attempt to remove Cubin.

[{"type":"text","text":"That means Cubin can’t sue Gordon for money in his personal capacity. "}]

A key tenet of qualified immunity holds that government officials – such as police officers, governors or other public employees – would have to break a clearly-established right to face lawsuit liability as individuals.

Though Cubin showed a strong enough case for retaliation to revive his official-capacity claims, he didn’t prove that Gordon was violating a clearly-established right, the appeals court ruled.

“It was not clearly established that Cubin’s email (complaining about the Medical Society) addressed a matter of public concern,” the order says. “And Gordon is entitled to qualified immunity in his personal capacity.”

10th Circuit Court Judge Richard Federico and a Utah-based U.S. District Court Judge filling in on the case - Ann Marie McIff Allen – also joined Mortiz’s ruling.

Eric Cubin and Gordon 8 29 24

<title>Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court | Cowboy State Daily</title>

The doctor Gov. Gordon sought to remove from the Wyoming Board of Medicine for advocating a ban on child sex changes has won his appeal – halfway. A Tuesday ruling sent the case back to federal court, reviving First Amendment claims against Gordon.

Doctor Who Lobbied Against Child Sex Changes Wins Second Chance In Court

Days after a religious clash exploded on the Wind River Indian Reservation, the Northern Arapaho Tribe’s government says it has adopted a new policy requiring ministry and charitable groups to get tribal authorization for their work on the reservation.

The Northern Arapaho Business Council (NABC), which is the tribe’s six-person leadership board, posted an announcement about the new policy to social media Monday.

The announcement says the policy is “reaffirming the Northern Arapaho Tribe’s inherent sovereign authority to require consultation and governmental authorizations seeking to conduct recurring ministries, charitable services, outreach programs, and other organized activities on lands under the jurisdiction of the Northern Arapaho Tribe.”

This controversy started July 5, when Christian pastor Sarah Lucas, of Foundations for Nations, preached 

against some of the tribe’s Sundance ceremonies

 involving a pipe relic as a prayer centerpiece. She had indicated praying "to pipes" is idolatry. 

She had said, “a pipe cannot hear your prayers,” and “we know that Jesus is enough.”

Foundations for Nations falls within the exterior boundaries of the Wind River Indian Reservation but it sits on private, not tribal land.

. Lucas refused, telling Cowboy State Daily she’s sorry the sermon came off as an attack, but not sorry for preaching from the Bible.

[{"type":"text","text":" “Jesus is the only way,” she said."}]

The board’s announcement says that the tribe’s records department reviewed records to see if Foundations for Nations had ever received authorization from the tribal government “to conduct recurring organized ministry or outreach activities on the Reservation.”

The review found no documentation that the church is authorized to work on the reservation, says the announcement.

NABC Chair Keenan Groesbeck has told the church that the tribe requests consultation “before any expansion of recurring ministry activities under the new policy,” the announcement says. 

The tribe has invited “the organization” to meet with the NABC by July 25 to discuss its mission, leadership, funding, activities, and “any documentation it believes demonstrates authorization to operate on lands under Tribal jurisdiction.”

It be a point of debate whether private land surrounded by tribal trust lands falls within tribal jurisdiction, and if so, for what purposes. It’s unclear if the tribe’s new policy is constitutional.

“This policy is not about preventing anyone from practicing their religion,” Groesbeck said in the statement. “It is about respecting the sovereign government of the Northern Arapaho Tribe. Any outside organization seeking to conduct organized activities within our jurisdiction should first communicate with the elected leadership of our Nation and work in partnership with the Tribe.”

NABC says in the statement that the policy will apply uniformly to outside groups.

[{"type":"text","text":"Lucas declined Tuesday to comment. "}]

[{"type":"text","text":"Constitution, Law"}]

The First Amendment to the U.S. Constitution says, in part, that Congress shall make no law prohibiting the free exercise of religion, abridging the freedom of speech or the freedom of the people to assemble peaceably.

After the American Civil War, Congress passed the 14th Amendment to expand those prohibitions to state governments. Neither amendment imposed restrictions on tribal governments’ ability to impede the free exercise of religion or speech, or other listed rights.

A century later in 1968, Congress imposed some – but not all – Bill of Rights restrictions on tribal governments through the Indian Civil Rights Act. The law protects rights similar to the U.S. Constitution’s first, fourth, fifth, sixth and eighth amendments, and portions of the 14th Amendment.

“No Indian tribe in exercising powers of self-government shall… make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances,” the law says. 

Disputes have surfaced over the years, regarding just how much Congress can regulate tribal governments.

The U.S. Constitution delegates just one congressional authority over tribes: “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”

Curiously, tribal governments were some of the strongest proponents of interpreting the “Indian Commerce Clause” to give Congress broad power over American Indian tribes.  

That advocacy unfolded during the U.S. Supreme Court case Brackeen v. Haaland, which contemplated whether a federal law giving tribes primacy over Native child custody matters is constitutional.

The high court found it constitutional. It took a broad view of the Indian Commerce Clause to do so.

“As we already explained, our precedent states that Congress’s power under the Indian Commerce Clause encompasses not only trade but also ‘Indian affairs,’” says the majority opinion, by Justice Amy Coney Barrett.

[{"type":"text","text":"Justice Clarence Thomas wrote a dissenting opinion proclaiming overreach."}]

By passing a law governing tribal custody matters, “Congress ignored the normal limits on the Federal Government’s power and prescribed rules to regulate state child custody proceedings in one circumstance: when the child in volved happens to be an Indian,” he wrote.  

Thomas said the majority opinion “gets things backwards. When Congress has so clearly intruded upon a longstanding domain of exclusive state powers, we must ask not whether a constitutional provision prohibits that intrusion, but whether a constitutional provision authorizes it.”

Foundations for nations 7 21 26

<title>After Church Blowup, Arapaho Tribe Says No 'Ministries' Without Permission | Cowboy State Daily</title>

After Church Blowup, Arapaho Tribe Says No 'Ministries' Without Permission

Kolby fedore

Kolby Fedore

Outdoors

Jory Thomas, 14, was absent-mindedly flipping loops with a rope while visiting his grandparents' campground on the Yellowstone River over the Fourth of July weekend when he heard someone start screaming for help.

Within seconds, the Montana ranch kid emptied his pockets, splashed across a side channel and waded chest-deep into the river.

[{"type":"text","text":"Then he did something he'd spent the past year practicing on calves."}]

[{"type":"text","text":"This time, he roped a drowning man."}]

The July 5 rescue unfolded so quickly that by the time the first Sweet Grass County Sheriff’s Office deputy arrived three minutes after Jory's father called 911, everyone was already safely on shore.

"My opinion, Jory saved the individual's life, 100%," Sweet Grass County Sheriff Alan Ronneberg told Cowboy State Daily. "Had Jory not acted, I believe the chances of this individual not making it to shore were very slim.”'

[{"type":"text","marks":[{"type":"bold"}],"text":"A Boat Hits A Bridge"}]

The Thomas family lives on a ranch about a dozen miles outside Big Timber, directly across from a campground where Jory's grandparents had been staying for the week.

Jory wandered over to visit with his parents and grandparents that afternoon, a rope already in his hand as he casually practiced throwing loops.

"All of a sudden he heard some yells for help," Jory's father, Jase Thomas, told Cowboy State Daily.

A boat had struck a bridge pillar, throwing its occupants into the Yellowstone River.

Three people fell in, but only two managed to get out, leaving one person alone in the swift current, desperately clinging to a cooler.

[{"type":"text","text":"Jory didn't hesitate."}]

Somehow, said his father, he convinced the drowning man to let go of the cooler. Then he threw the rope, catching the man around the neck and one arm. 

Jory and another bystander then pulled the man safely to shore before emergency responders arrived. 

In the moment, Jory didn’t think about any potential danger to himself, he just acted on instinct, the teen told KTVQ television in Billings, Montana, which first 

"This current was pretty fast then, and he was moving pretty quickly," he told the outlet. "Only thing I could focus on was helping him get out of the water because I didn't want to see anyone go in front of me.”

[{"type":"text","marks":[{"type":"bold"}],"text":"'Let Me Have My Son Back'"}]

Jory's father has spent three decades on the Big Timber Volunteer Fire Department and immediately called 911.

Dispatch records show the call came in at 5:39 p.m. A deputy arrived just three minutes later and reported everyone was already out of the water. 

[{"type":"text","text":"Watching the rescue unfold wasn't easy for the elder Thomas. "}]

He knows that stretch of river, and that it becomes more dangerous just downstream, where swift current, deep holes and logjams create deadly hazards.

"My biggest concern was to let me have my son back," he said before taking a long pause, reflecting on the potential for Jory to also get caught up in the current.

"He understands water, but I don't think he understands what could happen,” Jase said. "I mean, he does, but he had one thing in mind, which is great, and he got it done." 

Jase believes the man his son rescued likely wouldn't have survived much longer.

[{"type":"text","text":"Sheriff Ronneberg agrees."}]

"I'm not sure how close the individual was to being 'lost,' but in my experience such things happen faster than you might guess they can," he said.

[{"type":"text","marks":[{"type":"bold"}],"text":"'He Loves Roping' "}]

Although the rescue looked almost unbelievable, it wasn't blind luck. Jory has spent the past year immersing himself in roping.

He practices on roping dummies in his spare time and started roping calves from horseback during local brandings, his father said.

[{"type":"text","text":"\"He's always had a rope,\" Jase said. \"He loves roping.\" "}]

Outside of ranch work, he's an avid hunter and is spending this week showing a steer and a pig at the county fair. 

[{"type":"text","marks":[{"type":"bold"}],"text":"'That's Just Who He Is'"}]

[{"type":"text","text":"To his family, the rescue wasn't entirely surprising."}]

[{"type":"text","text":"Jase said his son has always been the first person to help someone else."}]

"We'll be in town at the grocery store, and you'll see an elderly person," he said. "They can't pack the groceries, and he never says a word. He goes over and gets their groceries and packs them out. That's just who he is." 

Ronneberg said the rescue is a reminder that courage often appears in ordinary moments.

"Jory saw another in trouble and acted, not for himself but for another," Ronneberg said. "He didn't pull out a phone, but a lariat. He didn't watch what was happening but intervened."

"Jory is a lesson for all of us in this day and age and showed us what is courageous and right.”

Montana lasso teen 7 21 26

<title>14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life | Cowboy State Daily</title>

A 14-year-old ranch kid from Big Timber, Montana, had a rope in his hand when cries for help erupted from the Yellowstone River. He sprinted into the water, threw one loop and caught a struggling man around the arm and neck, pulling him safely to shore.

14-Year-Old Ranch Kid Ropes Drowning Man On Yellowstone River, Saves Life

The Wyoming Republican Party’s leadership committee endorsed Brent Bien for governor, Chuck Gray for U.S. House, and Harriet Hageman for U.S. Senate during a virtual meeting Monday evening.

The roughly 50-person voting committee also endorsed Rep. Scott Smith in his bid for state treasurer, Rep. Rachel Rodriguez-Williams in her bid for secretary of state, and Rep. Tom Kelly for superintendent of public instruction.

In releasing the endorsements, the party Central Committee’s majority broke recent tradition – and arguably state law – by choosing to back some Republicans over others before the Aug. 18 primary election is final.

While that law references financial backing, state GOP Chair Bryan Miller told members in April it’s been interpreted to bar endorsements too.

But party leadership is waging an ongoing federal legal challenge in an effort to have that state law overturned as a violation of the party’s First Amendment rights.

Proponents of letting the party endorse people pre-primary have called it a move toward freedom. Opponents have called it an “insider” maneuver, or disrespectful to the law or Republican voters.

Numerous members of the roughly 50-member voting body cast “abstain” and “no” votes during roll calls Monday.

“I don’t think it’s a good idea for us to be endorsing candidates at all,” said Hot Springs County GOP state committeeman Phil Scheel during a debate on whether to endorse Hageman, a sitting U.S. representative, in her run for U.S. Senate. “So I am going to suggest the group vote down this motion.

State Republican Party Vice-Chair Bob Ferguson, who had chaired the candidate endorsement vetting committee, ruled Scheel’s comment out of order.

The state central committee majority already approved a bylaw calling for vetting and endorsements at its convention in April, so Monday’s discussion should have been on Hageman’s merits, said Ferguson.

Niobrara County GOP Chair Janae Miller typed a comment into the Zoom meeting chat.

“Niobrara county constituents have been vocal in their opposition to endorsing

 no matter their excellent or poor performance,” 

wrote Miller. “They want the voters to decide at the polls.”

No conversation on Hageman’s merits unfolded. She won the endorsement with 32 in favor, five (including Scheel) against and 14 members abstaining.

This followed a vetting process in which the party dispatched questionnaires to statewide candidates, asking whether they agree with the 23 planks of the state GOP platform.

[{"type":"text","text":"U.S. House Race"}]

The body voted 33 in favor, four against, to endorse Gray, who is currently Secretary of State. Fourteen members abstained from the vote.

Fremont County GOP Chair Ginger Bennett had called Gray a “stalwart” who comes to Republican Party events, “and he donates, and donates his time.”

State House Rep. Nina Webber, R-Cody, who also attended the meeting as a voting party member, said Gray has been “instrumental in pushing through a lot of the conservative movements.”

[{"type":"text","text":"Park County GOP Chair Vince Vanata endorsed Gray “wholeheartedly.”"}]

Mitch Benson, a state committeeman from Fremont County, said he endorses Gray but disputes things the candidate has said.

“The only thing I want to throw out is, we still have voter drop boxes in Lander,” said Benson.

Gray has made banning drop boxes one of his priorities, and in 2025 applauded the passage of a law designed to do so.

[{"type":"text","text":"Ferguson called Benson’s commentary not germane."}]

“I’m endorsing him, all I’m saying is a lot of the things Chuck has said about voter integrity and getting rid of voter drop boxes is not true,” said Benson.

[{"type":"text","text":"Miller interjected, saying the three-minute limit for debate had passed."}]

Gray is running in a 10-candidate field for the GOP nomination to U.S. House. He faces philanthropist Steve Friess, state Senate President Bo Biteman, Casper businessman Reid Rasner, Teton County-based attorney Frank Chapman, former Superintendent of Public Instruction Jillian Balow, Casper-based veterans Kevin Christensen and David Giralt, former legislator Keith Goodenough and Casper man Richard Dodson.

Most candidates completed and submitted those questionnaires to become eligible for the endorsement process. Some did not, like U.S. House candidates Bo Biteman and Keith Goodenough; U.S. Senate candidate Sam Mead; and gubernatorial candidate Eric Barlow.

[{"type":"text","text":"Governor, Secretary, Superintendent"}]

The party committee voted 34-4 with 13 abstaining to endorse Bien for governor. He was part of a consent list with candidates from other races.

The retired Marine Corps colonel faces Superintendent of Public Instruction Megan Degenfelder, former state House Speaker and current Sen. Eric Barlow, and Centennial man Curt Blake in his primary bid.

Bien, Blake and Degenfelder all had submitted questionnaires to the party as part of the process.

[{"type":"text","text":"Barlow did not."}]

“I am a Republican, and I agree with the Republican platform,” Barlow said in a statement earlier this month. “But in a contested Republican primary, the voters should decide. I will not seek or accept an endorsement from the Wyoming Republican Party before receiving the votes of Wyoming’s Republican electorate.”

Sheridan County GOP state committeeman Tod Windsor asked the party to make a vote opposing Barlow’s campaign.

“I ask we consider Eric Barlow,” began Windsor – a woman gasped – “someone we’re in opposition to as the party.”

Vanata seconded that. Fremont County state committeewoman and former legislator Sarah Penn said Democrats in her area support Barlow.

[{"type":"text","text":"Benson said Barlow brushed aside a concern he raised earlier this year."}]

Scheel and Teton County GOP Chair Kat Rueckert both raised concerns against the opposition vote. Rueckert worried the Barlow campaign may sue the party.

A Washakie County delegate, Richard George, said opposing Barlow could “diminish” the party if Barlow is elected governor.

Natrona County delegate Marcia Neumiller called it “throwing mud” and urged the party to set a higher example.

“Aaannnnnd, the press is here recording all this,” wrote Nichole Odom in a soon-deleted chat message.

Miller had notified the committee before debate that Cowboy State Daily was present.

Benson uttered a profane comment right after Scheel voted not to oppose Barlow.

It’s uncertain what the comment was. Cowboy State Daily heard it as “f*ck you (inaudible).

Multiple members called Benson out of line. Ferguson warned him not to disrupt the meeting again.

[{"type":"text","text":"The motion failed."}]

[{"type":"text","text":"Treasurer, Secretary, Superintendent"}]

The party approved endorsements for state Treasurer candidate Scott Smith, Secretary of State candidate Rachel Williams (also known as Rep. Rachel Rodriguez-Williams) and Superintendent of Public Instruction candidate Rep. Tom Kelly.

[{"type":"text","text":"Those were part of the same consent list as Bien."}]

In a separate vote, the party majority voted 12-25 against endorsing current Treasurer Curt Meier in his bid for reelection. Meier had been removed from the consent list after Benson called his aye-vote 

[{"type":"text","text":"Giralt, So Close"}]

Crook County Republican Party Chair Mark Koep asked the committee to vote in favor of supporting, rather than endorsing, Giralt for U.S. House.

“David Girlat didn’t’ meet all the vetting criteria because he doesn’t have enough history in the state,” said Koep, adding that he’s spoken to Giralt and “he seems like a good Republican. But right now I’m kind of guessing, because I don’t have enough history on it.”

Other members called Giralt engaged his military career “impressive.” 

The committee voted 17-18 against extending a gesture of support to Giralt.

Weston County GOP Chair Kari Drost asked the committee to vote against closing the meeting, saying they should consider endorsing Degenfelder.

Benson agreed, saying his precinct committee people are entrusting the state delegates with vetting candidates thoroughly no matter how long it takes.

[{"type":"text","text":"George countered."}]

“I completely disagree with that last comment. I think if there’s anybody in this state that needs to vet the candidates, it’s the people. The people are going to do a fine job at it. We don’t always agree with it,” said George. “But to suggest that people are depending on the party to vet candidates I think is an assumption of power and responsibility that’s not delegated to us.”

[{"type":"text","text":"The committee voted 24-19, nine abstaining, to close the meeting."}]

[{"type":"text","text":"Degenfelder’s endorsement bid did not get a hearing."}]

Koep referenced a Cowboy State Daily “author” present in the meeting and suggested a retraction of the headline in a Monday story titled “Candidate Worries Wyoming GOP Doing ‘Pay To Play’ Endorsements.”

Koep said because the party voted against endorsing Meier, “that would fly in the face of that article.”

The story, rather, referenced the fact that, according to emails by party leaders, candidates’ past donations to the party have been approved as one of the vetting committee’s criterion.

It also cited a concern by Christensen that allowing that criterion creates a perception of a “pay to play” endorsement system.

The Wyoming Republican Party leadership endorsed Brent Bien for governor, Chuck Gray for U.S. House, and Harriet Hageman for U.S. Senate on Monday evening. The controversial move breaks current tradition and maybe state law.

Daily Smile: Friday, January 6, 2023

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