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[{"type":"text","text":"Perhaps the greatest scene in movie history...."}]

Movies 2 23 25

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

<title>Today In Movies: Sunday, February 23, 2025 | Cowboy State Daily</title>

Perhaps the greatest scene in movie history....

Today In Movies: Sunday, February 23, 2025

 Perhaps the greatest scene in movie history....

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.”

Eric barlow 7 21 26

<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

Headshot of Cowboy State Daily's Feature Reporter, Andrew Rossi.

Andrew Rossi

Outdoors

Public Lands

A tourist caught on video climbing on top of one of the iconic buildings in Grand Teton National Park not only broke the law, he disrespected “my family’s heritage,” said the grandson of Thomas Alva Moulton, who along with brother John Moulton, built the most famous homesteads on Mormon Row.

. A man climbed to the top of one of the historic structures adjacent to the pink house on the John Moulton Ranch.

“A tourist climbed onto the roof of one of the historic buildings just to take photos,” she said, but she didn’t say whether the man had been reported to park rangers.

<blockquote class="instagram-media" data-instgrm-permalink="https://www.instagram.com/reel/Da00gdXO94z/?utm_source=ig_embed&amp;utm_campaign=loading" data-instgrm-version="14" style=" background:#FFF; border:0; border-radius:3px; box-shadow:0 0 1px 0 rgba(0,0,0,0.5),0 1px 10px 0 rgba(0,0,0,0.15); margin: 1px; max-width:540px; min-width:326px; padding:0; width:99.375%; width:-webkit-calc(100% - 2px); width:calc(100% - 2px);"><div style="padding:16px;"> <a href="https://www.instagram.com/reel/Da00gdXO94z/?utm_source=ig_embed&amp;utm_campaign=loading" style=" background:#FFFFFF; line-height:0; padding:0 0; text-align:center; text-decoration:none; width:100%;" target="_blank"> <div style=" display: flex; flex-direction: row; align-items: center;"> <div style="background-color: #F4F4F4; border-radius: 50%; flex-grow: 0; height: 40px; margin-right: 14px; width: 40px;"></div> <div style="display: flex; flex-direction: column; flex-grow: 1; justify-content: center;"> <div style=" background-color: #F4F4F4; 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[{"type":"text","marks":[{"type":"bold"}],"text":"My Family’s Heritage"}]

While the Moulton family no longer owns the historic structures, they still have a deep connection to their homesteads in the Teton Valley.

Steve Moulton is the grandson of T.A. Moulton, who built 

of the still-standing structures on Mormon Row and one of the most photographed barns in the world.

“My grandfather built the T.A. barn way back in the early 1900s,” he told Cowboy State Daily. “My dad helped build it and worked on it over the years. I have worked on it myself. I've been on the roof of the T.A. barn because we were putting a new roof on it.”

Moulton admitted that he climbed all over the T.A. Moulton Barn as a child, but that was when it was his family’s property.

The 1-acre parcel with the T.A. Moulton Barn was sold to the National Park Service in 2018, making it the last privately owned real estate on Mormon Row to be folded into Grand Teton National Park.

“I’m associated with the T.A. Moulton Barn, but that doesn't mean that I want to see anything going on down at the John Moulton Barn either,” Steve said. “It’s my family's heritage.”

omeone clambering over the historic building, especially since there’s been such an effort to ensure the remaining structures at Mormon Row remain standing.

“It's clear that there are people in this world who have no respect for public property,” he said. “To keep them in good condition, we have to take care of them, because yes, they are fragile.”

Grand Teton officials "are aware of the video" and warn that "climbing on historic structures can cause irreversible damage," said park spokesperson Emily Davis in a statement to Cowboy State Daily.

“At Mormon Row, visitors come to experience a remarkable historic landscape,” she added. “When someone disregards the rules and climbs on these structures, it detracts from that shared experience and puts an irreplaceable piece of our nation's history at risk.”

[{"type":"text","marks":[{"type":"bold"}],"text":"Loved To Death"}]

Most people who visit Yellowstone and Grand Teton national parks from around the world don’t have destructive intentions. They just want to take in the beauty of the landscape, like millions of others.

[{"type":"text","text":"That, however, can be part of the problem."}]

As visitation to national parks increases, one commonly heard concern is that they’re “

” The reason is that higher densities of tourists are, intentionally or unintentionally, causing more destruction and disturbance to the natural vistas that drew people there in the first place.

“We ask all visitors to help preserve historic buildings by viewing them from designated areas and not climbing on or entering the structures,” Davis said. “Historic buildings can be more fragile than they appear, and even what might seem like minor actions can contribute to the buildings' deterioration over time.”

[{"type":"text","text":"Steve shares some of that concern. "}]

[{"type":"text","text":"As Mormon Row has become more popular, the impact on the area is evident."}]

“What bothers me is there's so much foot traffic around the T.A. Barn,” he said. “The pictures used to have green grass in front of the barn. Now, it's just dirt because there is so much traffic.”

 at Mormon Row is underway. Jenkins has said it was part of several “micro-geographic” efforts to improve popular spots in the park for a better overall visitor experience.

“We want to be able to host more visitation at Mormon Row, so we're looking at things we can be doing to help manage that visitation,” he told Cowboy State Daily in May.

The list of desired site improvements includes a larger, centralized parking lot, new interpretive and wayfinding signs, distinct walking paths, and furnishings like benches and trash cans, new restrooms, and a 0.75-mile trail extension connecting Mormon Trail Road to Antelope Flats Road.

“Construction started at Mormon Row earlier this month,” Davis said. “Site improvements there are part of a multi-phase project to improve accessibility and the visitor experience while protecting the site's historic character.”

These improvements will go hand-in-hand with an ecological restoration of Mormon Row. 

Native vegetation will be planted and damaged areas restored, and the new parking lot will be built further away from the historic homesteads to ensure the landscape and views remain as pristine as possible.

they’d help to mitigate the damage of visitor traffic. However, that doesn’t eliminate the damage caused by reckless tourists who are determined to do their own thing to the detriment of the park and its visitors.

“We want (Mormon Row) to last many more decades, so we have to be really careful with anything that goes on around them, as far as touching, climbing, or taking stuff off them for souvenirs,” he said.

Many people value the serenity of Mormon Row and the Moulton barns as much as the Moulton family itself. Steve hopes that will lead to better decisions and increased awareness.

“I want visitors to understand their historical importance,” he said. “I want them to have the same feelings as my family does about preserving the integrity of those structures, so we have to take great care to not do anything that will be destructive to them.”

Climing on Moulton building 1 7 21 26

<title>Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building | Cowboy State Daily</title>

A tourist caught on video climbing one of the famous Mormon Row buildings in Grand Teton Park broke the law and disrespected “my family’s heritage,” said the grandson of T.A. Moulton who, along with his brother, built the most park's famous homesteads.

Grand Teton Tourist Caught Illegally Climbing On Famous Mormon Row Building

Headshot of Cowboy State Daily's managing editor, Greg Johnson.

Greg Johnson

Crime & Courts

Courts

Attorneys for a former Cheyenne woman accused of murdering 

 38 years ago say there’s not enough evidence for a trial and want a district court judge to order a new preliminary hearing.

In the meantime, 57-year-old Eva Martinez is out of jail after her bond was reduced from $100,000 to $25,000 during an arraignment hearing last week in Laramie County District Court.

There’s no record in the public-facing court file of whether Martinez entered a plea to the single charge of first-degree murder she faces.

However, her public defenders claim prosecutors didn’t offer enough evidence to bind her over to trial — an argument they make in a motion to vacate her previous preliminary hearing and order a new one.

During Martinez’s June 18 preliminary hearing, the circuit court judge cited the wrong legal terminology to support moving her case forward to trial and “relied on factual findings unsupported by the evidence provided at the preliminary hearing,” wrote public defenders Stacy Kirven and David Korman in their motion.

Preliminary hearings aren’t trials and there is no “beyond a reasonable doubt” threshold, argues Sweetwater County Attorney Daniel Erramouspe, who’s acting as a special prosecutor in the case for the Laramie County Attorney’s Office.

“‘Reasonable belief’ is the standard” for a preliminary hearing, Erramouspe wrote in his Monday response to the motion for a new hearing. “‘Beyond a reasonable doubt’ is not. The preliminary hearing is ‘not designed to be a dress rehearsal for the trial.’”

The thrust of the claims on Martinez’s behalf centers around Circuit Court Judge Antoinette Williams citing the current laws instead of what the law was in 1988 when the baby died, referencing a “second autopsy” when there wasn’t one, and the definitions of terms relating to a first-degree murder charge.

[{"type":"text","marks":[{"type":"bold"}],"text":"Some Background"}]

While the grisly discovery of the boy’s body happened more than 38 years ago, it wasn’t until 2021 that advanced DNA testing allowed investigators to 

 and identify Martinez as the boy’s probable mother, according to an affidavit of probable cause written by Detective Sgt. Ryan Martinez of the LCSO (no relation).

When first interviewed by detectives decades later on Dec. 22, 2025, Martinez “repeatedly denied knowing anything about Baby John Doe or having any children or pregnancies around that time frame,” the affidavit says.

It was during that interview that a sample of her DNA was taken.

When she was interviewed again months later after results showed the strong probability of her being Baby John Doe’s mother, she maintained her first story, according to the affidavit.

“She denied having any knowledge of Baby John Doe, having knowledge of anyone else who was responsible for Baby John Doe’s death, or why Baby John Doe’s body was placed in the culvert at Happy Jack Road and McKinney Drive,” the affidavit continues.

She claimed she wasn’t in Cheyenne around that timeframe, but investigators could not verify that information.

Martinez graduated from Cheyenne Central High School in 1987, and at some point afterward moved to Las Vegas, where she worked for about the next 20 years before returning to Cheyenne, the affidavit says.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Finding The Body"}]

Martinez would have been 18 on Feb. 28, 1988, when Laramie County Sheriff’s Office deputies responded to a call at Happy Jack Road and McKinney Drive just southwest of the boundary for F.E. Warren Air Force Base.

What they found was anything but routine, the affidavit says.

People who had been walking in the area discovered the dead baby near a culvert.

“Their juvenile son had initially noticed a dog chewing on something in the area, and they later realized it was a deceased baby,” the affidavit says. “It was determined that the deceased baby had initially been inside the culvert prior to the dog moving it.”

The baby was “abandoned, unclothed, deceased … discovered near the roadway,” according to an LCSO report announcing Martinez’s arrest last month.

“An autopsy concluded that the baby was a fully developed, full-term, 6.5-pound baby,” according to the report. “The autopsy found no evidence of significant injury, congenital anomaly, or disease.”

It also was determined that the baby was born alive and remained alive for “an amount of time due to air being in the baby’s lungs and stomach,” the report says.

However, at the time the cause and manner of the boy’s death were undetermined.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"That Testimony"}]

That autopsy is one of the reasons Martinez needs a new preliminary hearing, her lawyers argue in their motion.

That the prosecution failed to present any evidence that she killed Baby John Doe is another.

At the first hearing, testimony referred to a “second autopsy” performed on the boy, and Judge Williams also initially mentioned it in giving her order to bind Martinez over to trial.

There never was a “second autopsy” and mentioning that as a reason to advance the case is improper, the public defenders argue.

During the first preliminary hearing, the detective “acknowledged that there is no evidence to support numerous critical facts regarding the alleged offense,” the defense motion says. The detective further “conceded that there was no way to determine if Baby John Doe died in Wyoming.”

Another inconsistency is testimony that the infant’s cause of death in 1988 was listed as “undetermined,” but it wasn’t until March 2026 when his death certificate was amended to show homicide.

[{"type":"text","marks":[{"type":"textStyle"},{"type":"bold"}],"text":"Not Enough"}]

Those arguments aren’t enough for a judge to throw out the first preliminary hearing and order another, 

That’s because a preliminary hearing isn’t a trial, and the issues raised by the defense’s motion should be dealt with during Martinez’s trial.

“Those are trial questions and are not grounds to vacate a bind-over,” he wrote. “Defendant’s contrary position would require the lower court to resolve precisely the kind of ‘difficult legal questions’ that the Wyoming Supreme Court has held are inappropriate at a preliminary hearing and are reserved for the district court.”

He also says the dispute over a nonexistent “second autopsy” doesn’t hold water, because the original autopsy was given an updated review, Erramouspe wrote.

Whether the review “is described as a ‘second autopsy,’ an ‘updated autopsy’ or a review and amendment of the original autopsy is immaterial to probable cause,” he argues.

Moreover, Martinez isn’t entitled to a new preliminary hearing because she doesn’t like that a judge found probable cause, Erramouspe wrote. Whether there’s enough evidence is ultimately a question for a jury.

“Defendant’s requested remedy of a new preliminary hearing before a different circuit judge is especially unwarranted,” according to Erramouspe’s response. “Wyoming law does not entitle a defendant to relitigate probable cause before a new magistrate whenever she disagrees with how the first described the evidence.”

While Martinez was granted a lower bond — and posted it — there are some conditions attached to her being released from jail, according to court records.

Her bond had to have been posted by a bondsman, not personally, and she has to wear an ankle monitor.

If convicted of first-degree murder, Martinez could face life in prison or death.

Eva Martinez and new sign 6 10 26

<title>Cheyenne Woman Accused Of Murdering Newborn 38 Years Ago Wants New Hearing | Cowboy State Daily</title>

Attorneys for a former Cheyenne woman accused of murdering her newborn boy 38 years ago say there’s not enough evidence for a trial and want a judge to order a new preliminary hearing. She's also out of jail on a lower bond granted last week.

Cheyenne Woman Accused Of Murdering Newborn 38 Years Ago Wants New Hearing

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.

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.

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