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

<title>You Still Here? Tuesday, January 30, 2024 | Cowboy State Daily</title>

You Still Here? Tuesday, January 30, 2024

 Remember if someone falls on ice, it's always a good idea to try to rescue them regardless if you are clothed or not...

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

Clair McFarland

Government & Politics

Politics

State Sen. Eric Barlow released poll results Tuesday showing him with a sizable lead over other Republican candidates in the race for Wyoming governor.

[{"type":"text","text":"Two of his opponents doubt that outcome. One of them doesn’t."}]

Barlow, a legislator of 13 years and former House speaker, is running for the Republican nomination against Superintendent of Public Instruction Megan Degenfelder, retired Marine Col. Brent Bien, and Centennial man Curt Blake.

His campaign released polling results Tuesday showing him at 42% support, followed by Degenfelder at 19% and Bien at 14% — with 22% undecided — when people were asked who they would vote for if the election were held today.

The poll was taken in the past three days by the Pulse Decision Science firm, the campaign says.

“Barlow has gained 10 points since the campaign’s previous survey and his net favorability has climbed from +19 to +34,” says a Tuesday statement by his campaign. “This comes even as he has been outspent more than 5-to-1 by Degenfelder and the outside groups supporting her.”

Barlow said he’s taken six full trips through all 23 Wyoming counties and is starting his seventh statewide tour.

[{"type":"text","text":"The primary election is set for Aug. 18."}]

“We believed from the beginning that if we showed up, listened and stayed focused on Wyoming, voters would respond,” Barlow said. “This poll is encouraging, but it does not change how we campaign.

[{"type":"text","text":"\"We will keep showing up, keep listening and keep earning every vote.\""}]

Barlow told Cowboy State Daily in a Tuesday-evening phone call that he trusts the polling, and its cross-tabulation veracity checks. He said Wyomingites' reception of him on the campaign trail is also "quite encouraging." 

His campaign has amassed 2,500 volunteers and contributions from nearly 2,000 individual Wyoming donors, with more than $1 million raised from in-state individuals, the statement says.

The statement says Barlow has focused his campaign on expanding economic opportunity, improving access to rural health care, strengthening Wyoming’s energy and agriculture industries, addressing housing challenges, keeping decisions local and keeping the state's public lands accessible to Wyomingites. 

[{"type":"text","text":"Nah, Says Degenfelder"}]

Degenfelder’s campaign manager Charlotte Jones emphasized that Barlow’s numbers are from his own campaign.

“Voters should take the Barlow campaign’s internal ‘polling’ numbers with a heavy grain of salt, which come as no surprise from the campaign of a career politician desperately trying to run from his record of opposing Wyoming Industries and Wyoming values,” wrote Jones in a Tuesday email. 

“Megan’s campaign is focused on talking to voters about the issues they care about and highlighting her record as the only candidate in the race with a proven record fighting for our mineral industries, and defending women’s sports and parental rights," wrote Jones, "which is why she has earned the support of Donald Trump and Harriet Hageman.”

Trump endorsed Degenfelder in January before she entered the race, and doubled down with a 

U.S. House Rep. Harriet Hageman, who’s running for U.S. Senate, has endorsed Degenfelder and campaigned with her in multiple locations.

[{"type":"text","text":"Not Doing That"}]

The Wyoming Republican Party Central Committee broke tradition Monday night and 

One delegate, Weston County GOP Chair Kari Drost, asked the committee to consider endorsing Degenfelder as well, but the committee cast a majority vote to end the process instead.

The Central Committee considered, but voted against, adopting an official position opposing Barlow.

Bien is not doing polling, says a Tuesday email from his campaign associate Cheryl Aguiar. She called his campaign a grassroots effort.

“As someone who taught statistics to graduate students, I would have all sorts of questions on methodology, sample size, randomness, question wording, and other aspects mainly founded in ‘who paid for the poll?’” she said.

The landline and cellphone call poll was taken from 400 likely Republican primary election voters and with a margin of error of 4.9%, according to the Barlow campaign.

The main prompt asks, “If the Republican Primary election for Wyoming Governor were held today, for whom would you vote?”

Respondents could give answers in three categories for each of the four candidates. For example, for Barlow they could choose “Definitely Barlow,” “Probably Barlow,” or “Lean Barlow.”

[{"type":"text","text":"They could also choose different variations of undecided.  "}]

“Since we don't have the poll's methodology, I would say that this poll is obviously being released by a campaign, so we would advise voters to evaluate it accordingly,” wrote Aguiar. “Our campaign is more interested in what we're hearing from Wyoming  citizens at town halls and community events across the state.”

[{"type":"text","text":"Aguiar said campaigns release internal polling “to tell a story.”"}]

“We respect that. Our campaign is focused, though, on earning votes, not headlines,” wrote Aguiar, adding that no one appears to have gathered 50% of voters and the race has room for “a lot of movement.”

A political action group (PAC) called Women For Responsible Government Action has run multiple attack ads against Barlow, and favorable ads supporting Degenfelder in recent weeks.

This PAC bears a similar name to one linked to Hageman’s campaign for U.S. Senate, “Women for Responsible Government PAC.”

But the group launching TV ads against Barlow is a 501(c)4 issue group run by Hageman’s allies, not Hageman, according to a Thursday text message from Hageman’s campaign advisor Tim Murtaugh.

Murtaugh said Hageman does not control the TV-ad-buying PAC, but it “often aligns with her views, including protecting Wyoming’s children from permanent genital mutilation and preventing coercive gender identity education for kindergarteners.”

Jones said Thursday on Degenfelder’s behalf that the superintendent isn’t aligned with either the action PAC or the PAC funding Hageman’s Senate run.

"Megan is not involved with either organization, and her campaign is not permitted to coordinate with either of them,” wrote Jones. “She is focused on her own campaign and her positive message of making Wyoming more affordable, growing our legacy industries and protecting Wyoming values."

The PAC has run ads touting Degenfelder as a “strong leader” who has stood with Trump, fought for school choice, getting “pornography out of our libraries” and keeping men out of girls’ sports.

Degenfelder has not worked as a legislator and has passed no laws toward those goals. She has backed legislation toward those ends, however.

Soon after she became superintendent she 

 sexually-explicit books out of school libraries. That issue had 

The attack ads lend credibility to Barlow’s favorable poll results, longtime politico and former Assistant Interior Secretary Rob Wallace told Cowboy State Daily in a Tuesday phone interview.

“The fact that Eric has been attacked so hard the last two-to-three weeks tells me the opposition knows that these poll numbers are valid, or similar,” said Wallace. 

He clarified, saying that with “dark money” or independent PACs, people generally don’t know who’s behind them.

Wallace also said it wouldn’t serve Barlow to dispatch bad poll numbers at this phase of the race.

[{"type":"text","text":"Barlow emphasized the ads and the PAC money behind some of them as well."}]

“Eric Barlow is winning this race and pulling away while taking five times more in hostile media spending than any other candidate,” says a Tuesday statement by his campaign.

The statement says Barlow’s campaign team has spent $80,688 on radio and TV ads – about $10,200 more than Degenfelder.

But Women for Responsible Government Action has spent $202,265 and Wyoming’s Turn PAC has spent $149,815 on TV, cable and satellite messaging either backing Degenfelder or opposing Barlow, the statement says.

“The outside groups are blanketing every media market with lies about Eric Barlow’s record reaching Wyoming, Denver, Salt Lake, Idaho Falls, and Rapid City cable zones,” the statement says, “while Barlow has held a disciplined broadcast and radio footprint.”

The statement asserts that “out-of-state dark money is not moving the race; it is hurting Degenfelder and hardening support in Barlow's favor.”

[{"type":"text","text":"What He Actually Voted For"}]

One of the PAC’s ads claims that Barlow voted to allow sexual orientation and gender identity to be taught to kindergarteners and to allow sex change procedures “to be done on kids.”

[{"type":"text","text":"The record tells a different story."}]

Barlow voted against the 2023 Senate File 111, which would have criminalized parents and doctors for their roles in transitioning children’s genders medically.

, calling the bill’s definitions ill suited for its purpose.

Barlow had nothing but praise for the 2023 bill Chloe’s Law, however, and voted in favor of it. The bill sought to strip violating medical professionals of their licenses.

[{"type":"text","text":"“This bill I find to be very precise,” said Barlow at the time."}]

The House Appropriations Committee killed Chloe’s Law that year after the Senate voted 26-5 in its favor. But a later version of it became law in 2024 — with Barlow voting aye once again.

"I absolutely believe minors need to be protected form physically altering surgeries, period," Barlow said Tuesday. He noted that the bill has exemptions allowing treatments for kids with intersex designations or conditions, and puberty blockers for kids with precocious puberty. 

Barlow had, as the ad notes in a subtext, voted against the 2023 

. It sought to ban teaching of gender ideology to public-school kids in grades through kindergarten through third grade.

But Barlow voted in favor of that bill’s 2024 successor, 

The sequel legislation bans schools from teaching sexual orientation or gender identity without prior permission, and compels schools to notify parents if their children experience psychological changes, which may include a newly-voiced transgender identity. 

He told Cowboy State Daily on Tuesday that the 2024 bill was simply written better. 

"I read the bills, right," said Barlow. "Read the bills. Not just who it protects but how it protects them."

The 2024 bill was "a much stronger bill and much more protective of Wyoming kids, which they deserve," he said. 

[{"type":"text","text":"Not Surprised At All"}]

Blake hasn’t built the name recognition of the other three candidates and in a Tuesday phone call, and said he was unsurprised to find his name left out of the Barlow campaign’s announcement.

Blake is running as a “purple” Republican, and said he’d love to keep Wyoming as it is. He cast himself as pragmatic.

“I think a poll can say whatever you want it to say,” said Blake. “With that being said, it wouldn’t surprise me if Eric is in the lead. He’s a damn good guy.”

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<title>Barlow Campaign Releases Poll Claiming Big Lead Over Degenfelder And Bien | Cowboy State Daily</title>

The Eric Barlow gubernatorial campaign released an internal poll Tuesday showing a significant lead over both Megan Degenfelder and Brent Bien. According to his internal polling numbers, 42% of voters support Barlow while Degenfelder is at 19% and Bien at 14%.

Barlow Campaign Releases Poll Claiming Big Lead Over Degenfelder And Bien

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. "}]

the governor remains confident that the merits of this case will show he did not infringe on Cubin’s freedom of speech.

“The Governor is confident that he will also prevail in his official capacity upon remand to the District Court,” said Edmonds. 

[{"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.

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<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

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.”

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<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.

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.

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