More On Montana Domestic Partnerships Appeal

Nov15 by D Gregory Smith

The post I put up yesterday wasn’t alone, the Montana ACLU appeal got some good coverage over at Towleroad, and I also wrote a bit more of an in-depth piece at Bilerico. Excerpt:

As Niki Zupanic, Public Policy Director for the Montana ACLU told me today:

“Montana’s Constitution is clear. Everyone is guaranteed equal protection under the law. When our plaintiffs are being denied bereavement leave, access to medical information and death benefits they are not being treated fairly under the law. Montanans support treating same-sex couples fairly and providing them with the legal recognition they need to care for and protect their families. The Montana Supreme Court is the place where we can make that happen for Montana’s same-sex couples.”The decision to go to the Supreme Court just makes sense. The Montana Constitution has an obvious discrepancy here. Fair and equal treatment of persons can’t be applied arbitrarily – it has to apply across the board – and that includes people in same-sex relationships. Judge Sherlock did not rule on the constitutionality question in April, only that he couldn’t order the legislature to make any changes. The Supreme Court is the next logical step to clarify this issue.

Hopefully, it will clarify in favor of gay and lesbian relationship recognition, and not against.

For the rest of the story- and to add comments, click here.

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

Nov14 by D Gregory Smith

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.

U.S. Marriage Maps

Oct6 by D Gregory Smith

Click map to enlarge- and for source.

Interesting, huh?

“Fair Is Fair Tour”: Exploring The Connections Of Race, Sexuality And Faith

Sep15 by D Gregory Smith

Can the struggle for gay equality be compared to the black civil rights movement? What are the similarities and differences? And how can people of faith participate in both movements? These are the questions panelists and audience participants will explore during the cross-Montana Fair is Fair Tour in September.

The tour, sponsored by the American Civil Liberties Union of Montana and Truth in Progress, will visit six Montana cities over nine days, including Billings, Bozeman, Missoula, Kalispell, Great Falls and Helena, and feature Rev. Gil Caldwell, an esteemed civil rights activist who started working for equality in the South of the 1960s and has never looked back.

“Most of us have been wounded by others for a variety of reasons. Some persons and some systems have hurt us because of our race, gender, sexual orientation, economic and educational poverty, religion, politics, same sex partnered relationship, physical characteristics, etc,” says Caldwell. “I look forward to talking about the ‘solidarity of our woundedness’ and how we who have been hurt for a multiplicity of reasons, can discover healing for ourselves as we seek to enable the healing of others.”

Caldwell, documentarian Marilyn Bennett and ACLU of Montana LGBT Advocacy Coordinator Ninia Baehr, plus special guests in some cities will discuss how communities can support gay and lesbian couples’ work for relationship recognition, and how that struggle parallels and differs from the racial justice movement.

“These are different histories. These are very different experiences,” says Bennett. “But the fight for civil rights, and acknowledging equal rights have important similarities.”

Rev. Caldwell is a retired United Methodist Minister who participated in the “Mississippi Freedom Summer” of 1964, the Selma to Montgomery March in 1965, and the March on Washington. He is a founding member of the United Methodists of Color for a Fully Inclusive Church and the Black Methodists for Church Renewal. Today Rev. Caldwell is exploring how faith communities and all people can support work for lesbian, gay, bisexual and transgender equality with Bennett through the Truth in Progress project.

Baehr is the ACLU of Montana’s LGBT Advocacy Coordinator and spearheads the Fair is Fair project. Through her work she has been reaching out to clergy members who support domestic partnerships for same-sex couples.

“We’re happy to be working with churches on this tour,” Baehr said. “Nearly 100 clergy members across the state have already stood up for fairness and signed onto a statement supporting justice, compassion and defense of basic human rights for same-sex couples.”

All events are free and open to the public.

Billings — Saturday, Sept. 17
5 p.m.
Grace United Methodist Church, 1935 Avenue B

Bozeman — Monday, Sept. 19
7 p.m.
Montana State University, SUB 233-235
With special guest, Dr. Walter Fleming, MSU Native American Studies Department Director

Missoula — Tuesday, Sept. 20
8 p.m.
University Congregational UCC, 405 University Ave.
With special guests, David Herrera and Steven Barrios, board members of the Montana Two-Spirit Society

Kalispell — Wednesday, Sept. 21
7 p.m.
Christ Church Episcopal, 213 Third Ave. East

Great Falls — Saturday, Sept. 24
10:30 a.m.
Great Falls Public Library, 301 2nd Ave. N
With special guest Steven Barrios, board member of the Montana Two-Spirit Society

Helena — Monday, Sept. 26
7 p.m.
St. Paul’s United Methodist Church, Corner of Logan and Lawrence
With special guest Jamee Greer of the Montana Human Rights Network, who will discuss work for an LGBT-inclusive non-discrimination ordinance in Helena

Top 10 Reasons Gay Marriage Is Un-American

Aug28 by D Gregory Smith

Brilliant. From addictinginfo.com:

Being gay is not natural. Real Americans always reject unnatural things like eyeglasses, polyester, and air conditioning.
Gay marriage will encourage people to be gay, in the same way that hanging around tall people will make you tall.
Legalizing gay marriage will open the door to all kinds of crazy behavior. People may even wish to marry their pets because a dog has legal standing and can sign a marriage contract.
Straight marriage has been around a long time and hasn’t changed at all; women are still property, blacks still can’t marry whites, and divorce is still illegal.
Straight marriage will be less meaningful if gay marriage were allowed; the sanctity of Britany Spears’ 55-hour just-for-fun marriage would be destroyed.
Straight marriages are valid because they produce children. Gay couples, infertile couples, and old people shouldn’t be allowed to marry because our orphanages aren’t full yet, and the world needs more children.
Obviously gay parents will raise gay children, since straight parents only raise straight children.
Gay marriage is not supported by religion. In a theocracy like ours, the values of one religion are imposed on the entire country. That’s why we have only one religion in America.
Children can never succeed without a male and a female role model at home. That’s why we as a society expressly forbid single parents to raise children.
Gay marriage will change the foundation of society; we could never adapt to new social norms. Just like we haven’t adapted to cars, the service-sector economy, or longer life spans.

Majority Of Australian Christians Support Marriage Equality

Aug17 by D Gregory Smith

By Brody Levesque | SYDNEY, NEW SOUTH WALES, AUSTRALIA — A national opinion poll conducted by the Galaxy research group released Monday, ahead of a rally against same-sex marriage in the Australian capital city Canberra, finds a majority of Australian Christians support same-sex marriage.

The results showed that 53% of Australians who identify as Christians support same-sex marriage, while 41% oppose. 67% of non-Christians support it.

Australian Marriage Equality spokesperson, Malcolm McPherson, himself a Christian, said the poll shows church leaders and Christian lobbyists who oppose same-sex marriage are not representative of the feelings of most Australians on the subject of same-sex marriage as evidenced by the poll’s results.

The Galaxy poll found overall support for allowing same-sex marriage to 60%, which is unchanged from an identical poll conducted by Galaxy in October last year (the result of the October poll was 62%, which is within the margin of error of +/- 2%).

However, there has been a marked shift in how strongly views on the issue are held. Since October last year 5% of supporters of equality have shifted from “agree” to “strongly agree”, with a similar shift among opponents of reform from “strongly disagree” to “disagree”.

Religious leaders who have given their support to the campaign for marriage equality come from Uniting, Anglican and Baptist churches across Australia, and include Sydney minister and 2GB radio host, Reverend Bill Crews who said in an interview:

Today in Australia we all live in a secular non discriminatory society. Churches and other spiritual institutions exist within this society. It seems to me that in a secular and non-discriminatory society gay couples should be as free to marry as any other human couple. If people wish to be married within a religious or spiritual institution’s framework then they should accept the rites and rules of that institution. However it is the state that legitimises all marriages.

A Melbourne Baptist pastor, Matt Glover, said allowing same-sex marriages will benefit marriage as an institution:

When a couple want to be part of the institution of marriage, when they fully accept the same rights and responsibilities of marriage and treat marriage with the respect it deserves, why should they NOT get married? As a Christian minister, I believe that marriage is under threat from many angles, but also believe that recognizing same-sex unions will help return marriage to its rightful place in society.

An Anglican parish priest in Sydney, Rector David Smith was blunt in his assessment:

From a Christian point of view, marriage is an institution designed to serve two social needs:

1) contribute broadly to social stability

2)provide a stable environment for the nurturing of children.

If this is the case then the only questions Christians need to concern themselves with when it comes to the issue of gay marriage are these two:

1) Would gay marriage lead to greater social stability?

2) Would a married gay partnership be likely to provide a more secure environment for the nurturing of the children of a gay couple than an unmarried one?

I think the answer to both these questions has to be ‘yes’.

Buoyed by the poll results, Australian Marriage Equality has launched a Christians 4 Equality letter-writing campaign which has the endorsement of a wide range of Christian leaders and has already seen almost 10,000 letters sent to MPs from Australian Christians since the site went live last Friday afternoon.

The PinkNews UK reported that during a rally held yesterday in Canberra, the so-called ‘National Day for Marriage’ rally, an American anti-gay activist told the audience during her speech that gay marriage would lead to paedophiles marrying children. Rebecca Hagelin, a columnist for the right wing tabloid World Net Daily, also added that there is “no greater evil” than gay marriage supporters and that Christians are in a “war for the future of the human race”.

Australian Marriage Equality’s McPherson responded telling the PinkNews:

Christian groups that oppose marriage equality like the Australian Christian Lobby are entitled to their view, but they do not represent the majority of Australian Christians.

Clearly, most Australian Christians believe same-sex marriage is consistent with Christian values like justice, love, compassion and fidelity, not opposed to these values.

ACLU Appeals MT Same-sex Partnership Dismissal

Aug4 by D Gregory Smith

HELENA, MT — The American Civil Liberties Union today appealed 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 Montana Constitution guarantees that all people, including gay and lesbian couples, should be treated equally and fairly, the ACLU said. This case presents fundamental issues of privacy and equal protection that need to be resolved by Montana’s highest court.

“The couples we represent knew there might be some bumps along the way, but they are committed to seeing this case through so that they and all same-sex couples and their families can get the protections they need but are currently denied to them in Montana,” said ACLU of Montana Legal Director Betsy Griffing. “Our constitution requires that the state treat couples in committed relationships fairly and equally regardless of whether they are same-sex or different-sex couples.”

A recent poll, conducted by Greenberg Quinlan Rosner Research for the American Civil Liberties Union, found that 53 percent of Montana voters favor allowing gay and lesbian couples to enter into domestic partnerships which include the same rights given to married couples. Only 40 percent oppose such partnerships.

The poll shows that Montanans understand that the lack of legal recognition of same-sex relationships leaves couples and their families extremely vulnerable — which is precisely what the evidence presented to the district court showed. One plaintiff was denied bereavement leave when her partner’s father died, and another lost her home because she was ineligible for worker’s compensation death benefits when her partner was killed in an accident.

Recently released 2010 U.S. Census numbers show 2,295 Montana same-sex households – a 54 percent jump since 2000. All are at risk without the legal protection of domestic partnerships.

“Right now gay and lesbian people can be kept from their partners in hospitals, denied medical leave to help their partners and even be left with nothing if those partners die without valid wills,” said Griffing. “This case is about treating people fairly and humanely, and allowing them to protect their family and loved ones.”

In addition to Griffing, 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.; 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.

Newly Legal: Same-sex Marriage In Washington State

Aug3 by D Gregory Smith

And it’s not what you think. Nathan Koppel reports:

The Suquamish Tribal Council in Washington has formally changed its ordinances to allow same-sex couples to marry.

The change grants gay and lesbian couples all the rights afforded to heterosexual couples on the reservation, according to this report in the Kitsap Sun.

Is this the first Native American tribe to grant same-sex marriage rights?

No, that would be the Coquille Indian Tribe in Coos Bay, Ore in 2009, the Sun reports.

Now for a tougher question: What rights do same-sex couples married on Squamish land have once they leave the reservation?

Anyone see a trend? Questions answered here.

Majority of Montana Voters Support Same-Sex Domestic Partnerships

Jul30 by D Gregory Smith

No, seriously- Welcome!

I mentioned this in passing yesterday, but a newly released poll shows that a majority of voters in Montana support domestic partnerships for same-sex couples. That poll, conducted by Greenberg Quinlan Rosner Research for the American Civil Liberties Union, found that 53 percent of Montana voters favor allowing gay and lesbian couples to enter into domestic partnerships.

“Support of same-sex domestic partnerships is growing, and now we can quantify what our day-to-day interactions with people are telling us,” said ACLU of Montana LGBT Advocacy Coordinator Ninia Baehr. “It’s heartening to know that people understand that every loving and committed couple who pays taxes in our state deserves fairness.”

The change in attitude mirrors an increase in the number of same-sex couples in Montana reporting their households to the U.S. Census Bureau. Recently released numbers show 2,295 same-sex households in the 2010 Census – a 54 percent jump since 2000.

Key Highlights of 2011 Polling

Most Montanans favor domestic partnership. By a 13 point margin, voters in Montana favor allowing gay and lesbian couples to enter into domestic partnerships – 53 percent favor, 40 percent oppose. There is more intensity among those who favor; 35 percent strongly favor, while 29 percent strongly oppose.
More than half of Catholics (55 percent) favor domestic partnerships, including 36 percent who strongly favor allowing domestic partnerships. This measure also wins the support of nearly half (47 percent) of seniors, a majority of older women (54 percent), and blue collar women (52 percent).
Support for domestic partnerships seems to be increasing. A 2008 survey conducted by Lake Research Partners asked voters a four-part question asking them to choose between traditional marriage, marriage with another name, civil unions, and no legal recognition. The survey found that 33 percent of Montanans thought that gay and lesbian couples should have the same right to marry as straight couples, or should have the same right to marry but it should not be called marriage.2
Voters recognize discrimination against gays and lesbians. A 47 percent plurality believe gay people in Montana face a lot of discrimination; only 38 percent think that gays and lesbians in the state do not face much discrimination.

People understand that the lack of legal recognition of same-sex relationships leaves couples extremely vulnerable. In Montana examples of unfairness toward same-sex couples include a woman who was denied bereavement leave when her partner’s father died, and another woman who lost her home because she was ineligible for worker’s compensation death benefits when her partner was killed in an accident.

“Same-sex couples have told us time and again that they are meeting more and more people who sympathize with their plight,” said Baehr. “This polling reinforces the growing support those couples have been experiencing.”

While it’s not exactly marriage, I’ll take it. For now.

This shows the evolution of the Montana voter’s attitude is in favor of eventual, full equality-and this change in attitude has a cause. This is happening because more of us are simply visible as co-workers, neighbors, children, siblings and friends. We are not a threat, we’re just people.

I’m particularly impressed with the Catholics- and not surprised, really. This is about social justice for us- not particularly about morality. Even though the hierarchy is deeply out of touch on this issue, this is a reminder that the sense of the people in the pews is leading the church here. My mother would have agreed- I know the rest of my Catholic family does.

In the eyes of Montanans, “The Gays” are slowly changing from scary bogeymen into recognizable human beings. Never underestimate the power unleashed by broken closet doors….

More info here.

Jesus Left Room For Same Sex Marriage- And New York Moved In

Jul27 by D Gregory Smith

Kathy gives us more food for though in her journey to counter Christianists with common sense, biblical scholarship and (gasp) love:

What if clever, see-into-the-future Jesus, right there in Matthew 19, were saying to the disciples, “There are some people that do not fit into your husband/wife understanding of marriage, nor will they in the future. There will be some who cannot be confined by that one man + one woman dynamic, nor is this model given for them.”

“Don’t be messin’ with the Biblical model of marriage,” you may caution me. “Right there in Genesis 2:24 it says ‘a man shall leave his father and mother and be united to his wife.’ Right there.” Well, the Hebrew word translated to “shall” in many translations is best translated in the imperfect tense as “will”. Some men will leave father and mother and join with a woman. And, according to Jesus, some will not fit the mold. For them, the model will not work.

The term “Biblical Marriage” in itself is interesting. Shelves in Christian bookstores are filledwith advice instructing us how to live out the perfect “Biblical marriage”. I suggest that our contemporary norm for marriage is the cultural adaptation of Biblical principles that have evolved over the past two centuries. Do I want a marriage mimicking that of the average woman of Jesus day (or prior)? Do I, as a woman, want to be treated as property, told who to marry or be one of many in a stable of cuties? No.

Actually, hell no.