Christiansen v. Christiansen

2011 WY 90, 253 P.3d 153, 76 A.L.R. 6th 703, 2011 Wyo. LEXIS 93, 2011 WL 2176486
CourtWyoming Supreme Court
DecidedJune 6, 2011
DocketS-10-0252
StatusPublished
Cited by10 cases

This text of 2011 WY 90 (Christiansen v. Christiansen) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christiansen v. Christiansen, 2011 WY 90, 253 P.3d 153, 76 A.L.R. 6th 703, 2011 Wyo. LEXIS 93, 2011 WL 2176486 (Wyo. 2011).

Opinion

GOLDEN, Justice.

[¶1] Paula Christiansen and Victoria Lee Christiansen are both residents of Wyoming. They were legally married in Canada in 2008. Paula Christiansen filed an action for divoree in Wyoming in February 2010. The district court determined it did not have subject-matter jurisdiction to entertain an action to dissolve a same-sex marriage. Accordingly, the district court dismissed the action. We reverse and remand for the reinstatement of the divorcee proceeding.

ISSUE

[¶2] The narrow issue in this appeal is whether a Wyoming district court has subject-matter jurisdiction to entertain a divorce action to dissolve a same-sex marriage lawfully performed in Canada. 1

DISCUSSION

[¶3] The facts are simple. Paula and Victoria were validly married in Canada and seek a divorcee in Wyoming, where they reside. The district court, after engaging in a review of the pertinent statutes, dismissed the action for lack of subject-matter jurisdiction. The district court reasoned that "the jurisdictional grant to dissolve marriages is premised on the definition of marriage." Since Wyo. Stat. Ann. § 20-1-101 (Lexis-Nexis 2009) defines a marriage, in pertinent part, as "a civil contract between a male and a female person," the district court deter *155 mined "the Wyoming Statutes do not grant the Court jurisdiction to dissolve a same-sex marriage."

[14] We disagree with the district court's conclusion. First, we emphasize that the issue before this Court is limited to whether a district court has subject-matter jurisdiction to dissolve a same-sex marriage validly solemnized in Canada. Subject-matter jurisdiction refers to the power of a court to hear and determine cases of the general class to which the proceedings in question belong. Granite Springs Retreat Ass'n, Inc. v. Manning, 2006 WY 60, 15, 133 P.3d 1005, 1009 (Wyo.2006). Subject-matter jurisdiction is essential to the exercise of judicial power. Id. at 1009-10. If a court does not have subject-matter jurisdiction, it lacks any authority to proceed. State Farm Mut. Auto. Ins. Co. v. Kunz, 2008 WY 71, 1 6, 186 P.3d 378, 880 (Wyo.2008). The existence of sub-jecet-matter jurisdiction involves a question of law, and our review is de novo. Brown v. City of Casper, 2011 WY 35, ¶8, 248 P.3d 1186, 1189 (Wyo.2011).

[15] In determining whether the district court has subject-matter jurisdiction in this case, we begin by noting that district courts are endowed with broad subject-matter jurisdiction. District courts in Wyoming are courts of superior and general jurisdiction. Urbach v. Urbach, 52 Wyo. 207, 224, 73 P.2d 953, 960 (1937). They derive their judicial powers from the Wyoming Constitution:

The judicial power of the state shall be vested in the senate, sitting as a court of impeachment, in a supreme court, district courts, and such subordinate courts as the legislature may, by general law, establish and ordain from time to time.

Wyo. Const. art. 5, § 1. They have original jurisdiction over all cases, excepting only cases placed within the exclusive jurisdiction of another court:

The district court shall have original jurisdiction of all causes both at law and in equity and in all criminal cases, of all matters of probate and insolvency and of such special cases and proceedings as are not otherwise provided for. The district court shall also have original jurisdiction in all cases and of all proceedings in which jurisdiction shall not have been by law vested exclusively in some other court[.]

Id., art. 5, § 10. Specific to this appeal, Wyo. Stat. Ann. § 20-2-104 (LexisNexis 2009) expressly places subject-matter jurisdiction to entertain divoree proceedings with the district courts:

A divorcee may be decreed by the district court of the county in which either party resides on the complaint of the aggrieved party on the grounds of irreconcilable differences in the marital relationship.

Thus, we start this discussion with the knowledge that the district court in this case has subject-matter jurisdiction to entertain the instant divorce proceeding unless a contrary showing is made.

[¶6] The pivotal question is whether the fact that this is a same-sex couple strips the district court of the subject-matter jurisdiction it would otherwise enjoy to entertain a divorcee proceeding. The district court found dispositive § 20-1-101, defining marriage as a contract between a man and a woman. Since a same-sex couple is incapable of entering into a marriage as defined by § 20-1-101, the district court reasoned there was no marriage to dissolve.

[¶7] In doing so, the district court did not give proper respect to Wyo. Stat. Ann. § 20-1-111 (LexisNexis 2009), which provides that "(alll marriage contracts which are valid by the laws of the country in which contracted are valid in this state." Obviously, the district court's determination that, despite a valid Canadian marriage, no valid marriage exists under Wyoming law, runs afoul of this statute. The district court's ruling thus creates a conflict between § 20-1~101 and § 20-1-111. We do not agree that such a conflict exists in the context of a divorce proceeding.

[¶8] When faced with statutes that appear to conflict, this Court first attempts "to harmonize them so as to give full effect to each." Jessen v. Burry, 13 P.3d 1118, 1120 (Wyo.2000). This Court must not give a statute a meaning that will nullify its operation if it is susceptible of another construction. Billis v. State, 800 P.2d 401, 413 *156 (Wyo0.1990). In ascertaining the meaning of a given law, all statutes relating to the same subject or having the same general purpose must be considered and construed in harmony. Min. Cement Co. v. South of Laramie Water & Sewer Dist., 2011 WY 81, ¶13, 255 P.3d 881, 885 (Wyo.2011); Loberg v. Wyo. Workers' Safety & Comp. Div., 2004 WY 48, 1 5, 88 P.3d 1045, 1048 (Wyo.2004); Board of Cty. Comm'rs of Teton Cty. v. Crow, 2003 WY 40, 140, 65 P.3d 720, 783 (Wyo.2003); Shumway v. Worthey, 2001 WY 180, 18, 37 P.3d 361, 365 (Wyo.2001).

[¶9] We find § 20-1-101 and § 20-1-111, both relating to the creation of marriage, can coexist in harmony in the context of the instant divorce proceeding. Section 20-1-101 prevents a same-sex couple from entering into a marital contract in Wyoming. It does not speak to recognition of a same-sex marriage validly entered into in Canada. Section 20-1-111, on the other hand, expressly allows for the recognition of a valid Canadian marriage in Wyoming. On their face, the two sections treat different situations and as such do not conflict.

[¶10] We recognize that the rule set out in § 20-1-111 is not absolute. "As has been the law of this state since 1876, marriages outside the state which are valid therein are valid in this state. § 20-1-111, W.S8.1977. This statutory rule has been said to be merely declaratory of the rule at common law. . .." Bowers v. Wyoming State Treasurer,

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2011 WY 90, 253 P.3d 153, 76 A.L.R. 6th 703, 2011 Wyo. LEXIS 93, 2011 WL 2176486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christiansen-v-christiansen-wyo-2011.