Wyoming Freedom Caucus bills defining ‘woman,’ anti-DEI pass final hurdle in House

CHEYENNE—At least two Wyoming Freedom Caucus bills, one defining “woman” and another prohibiting DEI programs in state-funded entities, cleared the final hurdle in the Wyoming House of Representatives.

Both bills will now be sent to the Senate, where they’ll be assigned to committee. Senators will have the opportunity to vote on and amend these bills.

On Monday, amendments were brought to both bills during third reading in the House, but all failed. One notable amendment brought to House Bill 32, “What is a Woman Act,” was introduced by Rep. Ken Chestek, D-Laramie. Chestek’s amendment was to take out language in the bill that stated it was subject to intermediate scrutiny.

HB 32 provides statutory definitions for “man,” “woman” and “biological sex.” It also states that this bill is subject to intermediate scrutiny, should it be brought before the court. There are three levels of scrutiny used by courts: rational basis (lowest level of scrutiny), intermediate scrutiny and strict scrutiny.

In order to pass intermediate scrutiny, the law must “further an important government interest” and “do so by means that are substantially related to that interest,” according to Cornell Law School.

Levels of scrutiny are determined by the court, and Chestek said this bill is telling the court how to do its job.

“This bill does more than define terms,” Chestek said. “Telling the court what level of scrutiny to apply to those definitions is more than defining the term. It’s actually changing the way the court is supposed to act, and that’s something that we have no ability to do.”

Rep. Ken Pendergraft, R-Sheridan, was the only lawmaker to speak in opposition to Chestek’s amendment, rehashing the same argument he used last week.

“I would contend that the only thing this bill does is provide definitions so that the courts can clearly understand what we mean,” Pendergraft said.

There was only one amendment brought to HB 147, “Prohibition of institutional discrimination,” a bill that prohibits “governmental entities from engaging in any diversity, equity or inclusion program, activity or policy.” Rep. Karlee Provenza, D-Laramie, proposed adding language to the bill that would exempt law enforcement.

Law enforcement personnel receive training on cultural differences, which is a critical defense tool in civil rights lawsuits, Provenza said.

“All I’m asking for is to make sure that we have an exemption for law enforcement so they can protect themselves, so they don’t increase danger to themselves, so that they can fight back in litigation when they have done the correct thing,” Provenza said. “An aye for this amendment is a vote to support law enforcement.”

Freedom Caucus Chairwoman Rep. Rachel Rodriguez-Williams, R-Cody, the sponsor of the bill, said diversity, equity and inclusion (DEI) programs “are a distraction.”

“The core of (this bill) really is to mandate a color blind approach for all government entities,” Rodriguez-Williams said. “There is, perhaps, no more important place for this mandate than the justice system.”