CHEYENNE -- Bob Warburton has called himself Bob Edgerly's spouse for 28 years, even if legally the couple have only been married since last year.

"It isn't a hesitation, but every time you open your mouth, you know that someone could have lots of questions," said Warburton, a retired Casper resident. "We don't have too many difficulties, but must admit that when we first got involved here in Casper (in the early 1980s), and you would do that -- boy, you got a lot of looks. A lot of people didn't know how to respond."

Warburton and Edgerly were legally married in California in July 2008.

Legally married or not, same-sex couples in Wyoming are disproportionately likely to refer to themselves as married, according to U.S. Census data released last week.

Even though gay marriage is illegal in Wyoming, the state has the fifth-highest percentage of same-sex spouses -- legally or self-described -- of any state in the nation. That's an estimated 2.28 same-sex married couples per 1,000 households.

Last year was the first time the Census Bureau has asked about same-sex spouses in its annual American Community Survey. In states where same-sex marriages weren't recognized, the survey took into account both gay and lesbian couples issued marriage licenses and those who referred to each other as husband or wife.

Though that translates to only an estimated 476 households in the state, only Massachusetts, Vermont, Hawaii and Utah had a higher percentage of same-sex couples who regarded themselves as married, according to the 2008 American Community Survey.

But while Wyoming hit the top five in percentage of same-sex "spouses," the state ranked 48th among the percentage of households made up of same-sex partners who didn't describe themselves as married. Overall, the survey found an estimated 3.64 same-sex couples per 1,000 households in Wyoming -- tied with Montana for 37th in the nation.

It's not surprising that Massachusetts and Vermont top the list: In 2004, Massachusetts became the first state to legalize gay marriage. Vermont legalized same-sex marriages in April.

But Hawaii, Utah and Wyoming -- states that have banned gay marriage -- ranked higher than Iowa and Connecticut, where gay marriage is legal. They also ranked higher than California and Maine, which previously allowed gay marriage, and New Hampshire, where same-sex marriages will be recognized starting next year.

Gay marriage scholars and activists offered a variety of potential reasons why Wyoming had such a high percentage of same-sex "spouses."

Many gay and lesbian couples in Wyoming may call themselves married as a show of defiance in one of the most conservative states in the nation, said Jason Marsden, executive director of the Matthew Shepard Foundation, a Denver-based gay-rights organization named after a gay University of Wyoming student who was murdered in 1998.

"I think that maybe gay and lesbian people in Wyoming and other rural states might be a little ticked off, frankly, about how the society around them judges their relationships," Marsden said. "They may be more determined to make a point about feeling like they are spouses."

Warburton said conservative opposition to homosexuality often brings gay and lesbian couples in Wyoming closer together and makes a couple more reluctant to publicly come out unless they're in a committed relationship together.

"I would assume that people who are together here in Wyoming and who say that they're together here in Wyoming have had to make a pretty strong decision," Warburton said. "This is not some place that gays and lesbians easily migrate to -- this isn't South Beach in Florida or something like that where you go to find a husband or wife. Most people who come here already are together, or if they meet here … they form very strong bonds."

However, Warburton said he's personally found Wyoming "to be very affirming and helpful and friendly."

"Yes, it is a very conservative place, but it is also a Western state where, y'know, people mind their own business," he said. "And if you mind your own business, we'll do the same -- live and let live."

Wyoming's relatively small overall population -- and therefore, sampling size -- might also skew the census survey results, said Gary Gates of the Williams Institute, a Los Angeles-based think tank that studies sexual orientation law and public policy.

Marsden adds that another potential factor is that Wyoming law appears to recognize same-sex marriages performed legally in other states.

Though that interpretation hasn't been tested in court -- many gay couples in the state are reluctant to start what could quickly become a political firestorm -- it places Wyoming as one of only two states, as well as Washington, D.C., that may recognize same-sex marriage licenses granted elsewhere.

But, Warburton said, ultimately it's the couple, not the state, who decide whether to consider themselves married.

"Let's say you really are in love with your girlfriend, and you really want to be married, but the law refused to allow that," he said. "Would you still consider yourself married? Would you still consider that to be a proper relationship? Sure, you would.

"You still would refer to her as my love of my life, my partner, my spouse -- 'Aw, heck, why don't we just say we're married?'"

Contact capital bureau reporter Jeremy Pelzer at 307-632-1244 or Jeremy.pelzer@trib.com