ACLU Asks Montana Supreme Court to Grant Legal Protection to Same Sex Couples

Domestic partnership recognition is necessary to uphold Montana Constitution’s right to fair treatment for all

The American Civil Liberties Union today filed its appeal of a Montana District Court decision dismissing the same-sex domestic partnership case, Donaldson and Guggenheim v. State of Montana, to the Montana Supreme Court. The appeal argues that the Montana Constitution guarantees fair and equal treatment to all people, including gay and lesbian couples.

“This case is about treating people fairly and humanely,” said plaintiff Jan Donaldson, a Helena nurse who has been with her partner, pediatric neurologist Mary Anne Guggenheim, for 27 years. “Mary Anne and I have appreciated the support we’ve received from fellow Montanans who understand that all families need to be able to take care of each other. We just want the dignity of having our committed partnership recognized as worthy of those legal protections.”

U.S. Census numbers released over the summer show 2,295 Montana same-sex households. Without recognition of domestic partnerships, these couples are vulnerable when they need bereavement leave, face the illness or death of their partner or are presented with any other situation in which their lack of legally recognized status puts them in a position where a married husband or wife would be protected.

The plaintiffs in the case have faced just this kind of discrimination. When Guggenheim had a hip replacement, the doctor’s office staff would not speak to Donaldson without a release. Kellie Gibson of Laurel was denied bereavement leave when her partner Denise’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.

“Anyone who works and pays taxes should be treated equally and fairly by our state. When two people are in a committed relationship, they should be eligible for benefits, like filing a joint tax return, regardless of whether they are a same-sex couple or a different-sex couple,” said Jennifer Giuttari, interim legal director for the ACLU of Montana.

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 Giuttari, the couples are represented by Elizabeth Gill, a staff attorney with the ACLU Lesbian, Gay, Bisexual and Transgender Project; James Goetz and Ben Alke of the Bozeman, MT, law firm 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 and www.aclu.org/mtpartnerships.

Study: Incarceration Increases Risk Of STI’s, HIV Infection

Nov12 by D Gregory Smith

Something nobody ever seems to want to talk about: sex, prison and STD’s.

The study’s objective was to assess the link between incarceration and sexually transmitted infection, including HIV, from a social network perspective.

Data collected from a social network study in Brooklyn (n=343) were measured for associations between incarceration and infection with herpes simplex virus-2, chlamydia, gonorrhea and syphilis or HIV and sex with an infected partner, adjusting for characteristics of respondents and their sex partners.

“Infection with an STI or HIV was associated with incarceration of less than one year (adjusted prevalence ratio=1.33; 95 percent confidence interval=1.01, 1.76) and one year or longer (adjusted PR=1.37; 95 percent CI=1.08, 1.74). Sex in the past three months with an infected partner was associated with sex in the past three months with one partner (adjusted PR=1.42; 95 percent CI=1.12, 1.79) and with two or more partners (adjusted PR=1.85; 95 percent CI=1.43, 2.38) who had ever been incarcerated,” the results found.

There is a need for STI and HIV treatment and prevention for current and former prisoners, concluded the authors. The results provide preliminary evidence to indicate that incarceration may influence HIV and other STIs, “possibly because incarceration increases the risk of sex with infected partners.”

I love it when science follows common sense. Well, at least informed common sense…

Abstract here.

Meet Pam Bucy

Oct26 by D Gregory Smith

If you haven’t met her yet- or heard of her- she’s a contender for the Democratic nomination for Montana Attorney General.

As far as I’m concerned, the only real choice.

I like Jesse Laslovich- he’s a go-getter, very enthusiastic, personable and has a lot of energy- but I just can’t see him filling the AG’s shoes, especially when we have someone of Pam’s caliber in the race. So, I thought I’d give a minute to someone who’s taken more than a minute with me.

From The Havre Daily News:

She said her policy differences with Laslovich probably aren’t as different as they are with the more conservative Shockley, but she said she would campaign on her experience.

She has held high-level positions with Montana Department of Justice and the Labor Department and has been in private practice. Bucy, 43, pointed out that Laslovich is “just 30, and five years out of law school,” and has never argued a case before the Montana Supreme Court.

Her resume’ is pretty impressive:

Pam studied law at the University of Montana and immediately after receiving her degree, went to work as a criminal prosecutor with the Lewis & Clark County Attorney’s office. In that role, she gained a solid understanding of the various issues surrounding our criminal justice system and successfully prosecuted hundreds of cases, including DUI, domestic violence, theft and homicide.

During her seven years as Executive Assistance Attorney General under former AG and current Supreme Court Chief Justice Mike McGrath, Pam represented the State of Montana in complex civil and criminal matters before the Montana Supreme Court. She also spearheaded the Department of Justice’s efforts to pass legislation to register sexual and violent offenders, help senior citizens protect their identity and credit information and ensure protective orders, such as restraining orders, can be more easily enforced.

Prior to her legal career, Pam owned and operated a small business in Livingston and served as Assistant Manager of the Livingston Chamber of Commerce.

Until recently, Bucy served as Chief Legal Counsel for the Montana Department of Labor and Industry and currently serves as Administrative Counsel for the Montana Department of Labor.

Bucy graduated with honors from the University of Montana School of Law in 1998. She graduated with honors from Rocky Mountain College in Billings in 1991 with degrees in history, political science and English.

No slouch, Ms Bucy… In addition, she has received endorsements from law enforcement officials and county attorneys general from all across Montana. Like I said, impressive.

But judge for yourself. Click the links above and get to know her better. Or better yet, go to one of her events and meet her.

When you do, the choice will be obvious.

An Inspirational Man…

Oct24 by D Gregory Smith

Howard Solomon, the uncle of a dear friend, has been profiled in the Portland Press Herald:

Howard Solomon was in his late 20s when he saw police cruisers screaming through Lower Manhattan and later read newspaper accounts of the groundbreaking riots that had erupted outside the Stonewall Inn in June 1969.

Solomon wasn’t at the now-famous nightclub that catered to New York City’s gay community.

“I was on a date with a female colleague,” said Solomon, now 69. “I was terribly closeted back then.”

A little more than a decade later, Solomon came out to his colleagues at Tufts University near Boston and began teaching some of the nation’s first college-level history courses that dealt openly with all aspects of sexuality.

Solomon, now retired and living in Bowdoinham, distinguished himself as a history professor at Tufts from 1971 through 2004 and as a vocal advocate for the rights of lesbian, gay, bisexual and transgender people.

A gentle reminder that we stand on the shoulders of giants…

Give your Monday an inspirational start: Read the full story here.

MSU-Northern to Present ‘The Laramie Project’

Oct21 by D Gregory Smith

Montana Actors’ Theatre will present The Laramie Project in Havre, MT on October 21-22, 27-29, and November 3-5.

The Laramie Project play originated from a series of interviews conducted by members of the Tectonic Theatre Project following the tragedy of Matthew Shepard which transpired on the outskirts of Laramie, Wyoming. The creators of the play aimed to shed some light on specific faults in society regarding homophobia and hate crimes. If you’re curious about this play, come watch The Laramie Project on one of the previously mentioned dates. Please be aware: the play does contain adult themes and may not be suitable for children or young teens.

The play will be performed in the MSU-Northern/MAT Theatre. It will begin at 8 PM nightly. The doors and backstage lounge will open at 7:30 PM. Adults can view the show for $15. Students and seniors will be admitted for $10 while MSU-Northern students will be admitted free of charge with current student I.D.

Local news story here.

Today, I Wear Purple

Oct20 by D Gregory Smith

Via GLAAD:

Millions of Americans wear purple on Spirit Day as a sign of support for lesbian, gay, bisexual and transgender (LGBT) youth and to speak out against bullying. Spirit Day was started in 2010 by teenager Brittany McMillan as a response to the young people who had taken their own lives. Observed annually on October 20, individuals, schools, organizations, corporations, media professionals and celebrities wear purple, which symbolizes spirit on the rainbow flag. Getting involved is easy — participants are asked to simply “go purple” on October 20 as we work to create a world in which LGBT teens are celebrated and accepted for who they are.
Haz clic aquí para ver información en español.

Show Your Spirit on October 20, 2011! How you can participate in #SpiritDay: Click Here!

Hope for MT? : Commonwealth Countries Asked To Decriminalize Gays

Oct19 by D Gregory Smith

Leaders of Commonwealth countries will be asked to decriminalise homosexuality to help to stop the spread of HIV, an Australian official has said.

Forty-one of the 53 Commonwealth countries – including Uganda, Zimbabwe and Ghana – still criminalise gay sex and HIV campaigners say such laws are seriously hampering safe sex initiatives.

The 2011 Commonwealth Heads of Government Meeting (CHOGM) will be held in Perth, Australia from 28-30 October.

CHOGM 2011 will bring together more than 50 world leaders representing approximately one-quarter of the world’s countries and one-third of the world’s population. The meetings originated with the of the leaders of the self-governing colonies of the British Empire in 1887- and still has great influence in setting human rights policy throughout the world.

Sodomy laws in the US were invalidated by The U.S. Supreme Court in the ruling of Lawrence vs. Texas in 2003. However, several states- including Montana- still keep these shameful and impotent laws on the books- despite reasonable efforts to remove them– presumably as a slap in the face to the “Uppity Gays”. And yes, I will mention (Again!) that the Official Montana Republican Platform still calls for the criminalization of homosexual acts.

Will this meeting in Australia have an effect in Montana?

Probably not- at least not directly. I suspect this will not be seen as a discussion of human rights, but as a discussion of disease and epidemics- at least at first. And if the last legislative session is any indication, the zenophobes in charge of Montana’s legislative agenda will see it as unimportant (and non-applicable) world politics that don’t apply here.

But any progress is good progress- and this is progress- this discussion has never happened at this world level before- and it eventually filters through. Even to Montana.

I just hope I live to see it.

U.S. Marriage Maps

Oct6 by D Gregory Smith

Click map to enlarge- and for source.

Interesting, huh?

…and more hate

Oct5 by D Gregory Smith

I almost don’t want to give her the satisfaction, but I think it’s worth bringing to your attention.

My post on the Southern Poverty Law Center’s warning that

A former “staff leader” of the neo-Nazi Aryan Nations is threatening to indict members of the Montana Human Rights Network by convening a “citizen grand jury”

seemed to strike a nerve. I’ve never had a white supremacist comment on one of my posts before- and it seemed to violate the rules for commenters- but after consultation, I approved it.

As a warning.

This type of ignorant hatred is here. And they think they’re in the majority, somehow. They think we all want them here.

And they seem to need help with their grammar.

You can read the comment and my response here.

Pride Foundation: Volunteers Make An Impact In Big Sky Country

Oct4 by D Gregory Smith

It’s my privilege to work with some amazing people on The Pride Foundation’s team in Montana. If any of you know me personally, you know that I really believe in this organization, am a monthly donor, and I offer what I can to make this work here.

I believe it’s our last best chance for equality in Montana.

Caitlin Copple, Montana’s Regional Organizer for The Pride Foundation, has written an article about the Leadership Action Team for the State of Montana- and we’re a pretty amazing group of people if I do say so myself.

Excerpt:

The Montana Leadership Action Team serves as Pride Foundation’s “boots on the ground” when it comes to raising money, visibility and developing local leaders across the state. Because Pride Foundation believes strongly that local people know best what is needed in their communities, all our funding decisions – from grants to scholarships to sponsorships – are made by volunteers across the state.

I am so grateful for the support, hard work, and thoughtful dedication of this team. In just nine months, they’ve helped host eight house parties, attended countless community events on Pride Foundation’s behalf, and will determine how we distribute $5,000 in sponsorship money this year. Their work is directly shaping a safer, more equal Montana and strengthening our community’s philanthropic prowess.

Read about everyone on the Action Team here. And while you’re at it- check out the rest of their website. And if you give to HRC or GLAAD or Lambda Legal or any national LGBT rights organization, I challenge you to match that donation to an organization that will keep that money right here in Montana- the Pride Foundation.

I do.