By Clair McFarland, Cowboy State DailyÂ
A measure that would have prohibited discrimination against individuals for their vaccine status failed introduction Thursday morning in the Wyoming Senate on a tie vote of 15-15. Â
Senators rejected arguments by Sen. Anthony Bouchard, R-Cheyenne, that asking someone to prove they have been vaccinated is a violation of their privacy worthy of a felony conviction.
“The crux of this bill,” said Bouchard, the main sponsor of Senate File 88, “is you can’t ask a person, or inquire into a person’s vaccination status… It’s basically based on the privacy of healthcare; something that happens that’s deeply personal of your own, and it should stay private if you want it to be.” Â
The bill would have forbidden any employer, governmental entity or healthcare provider from refusing services, goods, advantages or privileges due to a person’s COVID-19 vaccination status. Â
“It does… provide for criminal and civil penalties,” added Bouchard. Â
Anyone in violation of the law, had it been passed, would have faced a minimum $5,000 fine, a maximum five years in prison, and a felony conviction.Â
Likewise, it would have become a felony for those entities to ask a person’s vaccination status as a prerequisite for receiving goods or opportunities. Â
Senate Majority Floor Leader Ogden Driskill, R-Devils Tower, changed his vote from no to aye after the initial count was taken, causing the tie.Â
To win introduction as a non-budget bill during a legislative budget session, SF88 required approval from two-thirds of the Senate, or 20 members.
Opponents said later the bill was too broad.Â
“See the definitions of employer?” wrote State Sen. Cale Case, R-Lander, in a statement to Cowboy State Daily. “With this bill, you can’t even ask whether a caregiver or babysitter or other worker in your home is vaccinated. Really? That is crazy and a violation of free association under the First Amendment of the U.S. Constitution.”
