ACLU Asks Montana Supreme Court to Recognize Relationships of Same Sex Couples

The fight in Montana for domestic partnership recognition for same-sex couples reached the state’s top court today, where lawyers for the American Civil Liberties Union appealed a district-court ruling that had dismissed the case.

American Civil Liberties Union (Photo credit: Wikipedia)

“The Montana Constitution guarantees fair and equal treatment to all people, including gay and lesbian couples,” said lead attorney, James Goetz, of the Bozeman, MT, law firm Goetz, Gallik & Baldwin, who is acting as a cooperating attorney in the case. “This case is about giving loving, committed couples the recognition they deserve and ensuring that all families can thrive in Montana. Domestic partnerships are a way for the Montana Constitution’s guarantees of human dignity and protection for all people to be upheld for same-sex couples.”

“We love each other and want to be able to take care of one another and our family, just like everyone else,” said plaintiff Jan Donaldson, who has been in a committed relationship with her partner, Mary Anne Guggenheim, for 29 years. “We would never try to tell other people how to live their lives, and we’re just asking for the same respect.”

Without domestic partnership recognition, the plaintiffs in the case have been denied the ability to take care of each other and their families. WhenGuggenheim had a hip replacement, the doctor’s office staff would not speak to Donaldson without a release. Denise Boettcher of Laurel was denied bereavement leave when her partner Kellie Gibson’s father died. Mary Leslie of Bozeman lost her home because she was ineligible for worker’s compensation death benefits when her partner was killed in an accident.

Sixty-six Montana religious leaders signed onto an amicus brief supporting the ACLU’s appeal, stating that the couples in the case “have formed the kinds of partnerships that nourish, strengthen and stabilize congregations and communities… they deserve to have their relationships and families recognized and protected by the state.”

“It isn’t the government’s place to stand in the way of someone’s happiness just because some people may be uncomfortable when it comes to same-sex couples,” said ACLU of Montana Public Policy Director Niki Zupanic.

Plaintiffs in the case Donaldson and Guggenheim v. State of Montana are Mary Anne Guggenheim and Jan Donaldson of Helena, Stacey Haugland and Mary Leslie of Bozeman, Mike Long and Rich Parker of Bozeman, MJ Williams and Nancy Owens of Basin, Rick Wagner and Gary Stallings of Butte and Denise Boettcher and Kellie Gibson of Laurel.

In addition to Goetz, the couples are represented by Jon Ellingson, legal director of the ACLU of Montana; Elizabeth Gill, a staff attorney with the ACLU’s Lesbian, Gay, Bisexual and Transgender Project; Ben Alke of Goetz, Gallik & Baldwin P.C.; Betsy Griffing; and Ruth Borenstein and Neil Perry of the law firm Morrison & Foerster LLP.

Additional information about the case, biographies of the plaintiffs and links to videos of the plaintiffs can be found at www.aclumontana.org andwww.aclu.org/mtpartnerships.