During her years as a Magistrate Judge in Pinedale, Wyoming, Ruth Neely performed dozens of civil marriage ceremonies. State law (Sect. 20-1-106[a]) specifies that magistrates, like "every licensed or ordained minister of the gospel, bishop, priest, or rabbi … may perform the ceremony of marriage in this state."

Presiding at a civil wedding is a discretionary function of the magistrate's office, not a mandatory duty. Neely had an unqualified right to decline a request to preside at a wedding, for any reason that suited her.

Prior to December 2014, she had never performed a same-sex wedding ceremony, because they were not recognized by the State of Wyoming.  Shortly before Christmas that year, Neely was interviewed by a newspaper reporter named Ned Donovan, who asked her if she was "excited" to begin officiating at same-sex wedding ceremonies.

A few weeks earlier, the US District Court in Wyoming had issued a ruling prohibiting state officials "from enforcing or applying" Wyoming's existing marriage statute. Neely had made formal inquiries about how this would affect her responsibilities and had been counseled to refrain from public comment on the matter until official guidance was given.

In dealing with Donovan, Neely acted in good faith, not aware that the reporter with whom she was speaking was actually playing the role of  pursuivant – a heretic hunter working on behalf of the state and its allied "tolerance" industry. She explained that "When law and religion conflict, choices have to be made. I have not yet been asked to perform a same-sex marriage."

After speaking with Neely, Donovan called Pinedale Mayor Bob Jones, who informed him that as a municipal judge, Neely had no authority to perform weddings – which obviously would mean that she had no legal responsibility to do so, either. Determined to shoehorn what he was told into a pre-conceived story, Donovan called Neely again and engaged in a species of blackmail: If she would "state a willingness to perform same-sex marriages," he told the judge, he would refrain from publishing a story about her. Neely told Donovan that she had no further comment and ended the conversation.

Donovan's contrived story was published under the deliberately misleading headline, "Pinedale judge will not perform same-sex marriages." He filed a few more missives in a similar vein before moving on to different outlets. Since leaving Pinedale, according to an affidavit filed by the editor of the city paper, Donovan has waged a campaign for Judge Neely to be "sacked." 

In his initial story, Donovan claimed that "All judges are required to marry those who meet the legal requirements unless there is a scheduling conflict or some other problem. In those cases, prospective couples will be referred to other magistrates." Nothing in Wyoming law dictates that a magistrate must perform a marriage ceremony for anybody.