Powell v. O.R. "Bud" Daily

ROSE, Justice.

This case is presented to us through the certification of a constitutional issue from the District Court of the First Judicial District in Wyoming. The question presented is whether § 23 — 2—402(a)(iii), W.S.1977, violates the Privileges and Immunities Clause of the United States Constitution. Because the challenged statute burdens a fundamental right, and because the degree of discrimination does not bear a close relation to any of the State’s asserted reasons for the discriminatory treatment, we hold that § 23 — 2—402(a)(iii) impermissibly infringes upon the privileges and…