Montana Supreme Court Allows Domestic Partnership Case for Same-Sex Couples To Move Forward

Justices reverse dismissal of case by the district court and allow litigation to proceed

(Photo credit: vociferous.)

HELENA, MT — The ACLU and plaintiffs, six loving, committed same-sex couples, will move forward with efforts to secure domestic partnership protections in light of a Montana Supreme Court decision, which in part granted their appeal in Donaldson and Guggenheim v. State of Montana from a dismissal of the case by the district court.

Though the court denied the plaintiffs’ initial appeal as too broad, the justices said the ACLU could move forward with more narrowly tailored efforts to secure equal treatment for same-sex couples in the state.

“Three of the justices said they would have granted same-sex couples recognition as domestic partners now. The majority also made clear that the decision to remand the case for additional proceedings in the lower court was based on technical issues, not on the substance of our argument that the Montana Constitution mandates equal treatment of all people,” said ACLU of Montana Legal Director Jon Ellingson. “They said that while we could not challenge the omission of same-sex couples from all of the statutes involving the rights of married couples in one case, we can challenge those statutes individually. We plan to do just that.”

The opinion states: “It is this Court’s opinion that Plaintiffs should be given the opportunity, if they choose to take it, to amend the complaint and to refine and specify the general constitutional challenges they have proffered.”

“We’re encouraged by the decision because the justices said that we could pursue the protections we are seeking,” said Mary Leslie, who lives with her partner, Stacey Haugland in Bozeman. “Legal protection is essential, not just for our families, but for all same-sex couples. We won’t stop until every loving couple is treated fairly.” Leslie lost her home because she was ineligible for worker’s compensation death benefits when her partner was killed in an accident. Another plaintiff, Denise Boettcher of Laurel, was denied bereavement leave when her partner Kellie Gibson’s father died.

In his dissent from the majority, Justice James Nelson wrote that same-sex couples should be given full protection now, saying the case, “concerns the right of committed intimate same-sex couples to receive the same civil protections which the State makes available to committed intimate different-sex couples. Plaintiffs assert, and rightly so, that their government may not single out unpopular groups for disfavored treatment, as the State of Montana has done here… I have never disagreed more strongly with the Court as I do in this case. With due respect, I believe today’s decision… wrongly deprives an abused minority their civil rights.”

Nearly 1,500 Montanans and more than 100 Montana-owned businesses have signed on in support of domestic partnerships, and more are signing on each day. Sixty-six Montana religious leaders signed onto an amicus brief supporting the ACLU’s appeal. Even more clergy signed a statement supporting the rights of same-sex couples.

“Montanans believe all their neighbors deserve dignity and respect,” said Rev. Marc Stewart, a Montana/Northern Wyoming United Church of Christ Conference Minister. “We believe that loving, committed couples should be able to fully live their own lives and have the protection of the state.”

Plaintiffs in the case 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. All say they will continue working with the ACLU to pursue legal recognition of their lifelong commitments to each other.

In addition to Ellingson, the couples are represented by Elizabeth Gill, a staff attorney with the ACLU’s Lesbian, Gay, Bisexual and Transgender Project; James Goetz and 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 can be found at http://www.aclumontana.org and http://www.aclu.org/mtpartnerships.

Montana Supreme Court rejects Equal Benefits case (queerlandia.com)

THE ORDINANCE, II

Dec14 by Bobbie Zenker

Official seal of Helena, Montana (Photo credit: Wikipedia)

The recitals of the proposed Helena, Montana LGBT non-discrimination ordinance state that “it is the intent of the City of Helena that no person shall be denied his or her civil rights or be discriminated against based upon his or her sexual orientation or gender identity or expression.” It is a wonderful statement, really, one that even a few years ago would have been unimaginable, coming from any Montana governmental subdivision, state or local. Yet, here it is.

And I have been dubious for so long, even though I know in my soul that equality is a social inevitability, rather than a mere possibility. It is here, and it is now. But, do we have the will, collectively, as a community to make it happen. The Helena City Commission is out there, and though we have not always appreciated some of their steps or the way in which they took them, passing this ordinance will be a bold step forward. I for one appreciate the resolve and energy it has taken to come even this far. They have done their part.

The advocates too, the Montana Human Rights Network, the ACLU, other organizations, and many individuals who work, live, play and pray here have done their part too. They have stepped up and spoken out on behalf of a marginalized group that for too long has lived in fear and been denied equality. They are not asking for something more, or something special, but just the opportunity to live as the majority do – without fear or denial of security in employment, to participate in social and recreational activities with their friends, family and neighbors, schoolmates and fellow churchgoers, etc., and to be able to access all accommodations for basic needs including food, health, shelter, etc.. We owe these dedicated, courageous volunteers a great debt of gratitude for their willingness to fight the good fight, regardless of the outcome.

There have been the nay sayers too. They have stood up and said what they believe. And though we may disagree, we do not judge or condemn. In fact, we very much support their right to hold their beliefs and to practice them and voice them as they do. These rights are fundamental and vital to the life of this democracy. We propose. We discuss and dissent. We resolve and we move on – together.

Then, there are the rest of us, the citizens of the Helena valley, the community and the people.

We too have a stake in this. We have the opportunity to shape a community which truly reflects our values, one that can shine as a beacon of humanity for all of Montana, as the capital city should. We enjoy diversity, for otherwise life would be boring. We embrace the idea of a free society, for it is our heritage. We love justice, as even the prophets proclaimed that we should. Most of all, we thrive on patience, tolerance, kindness and love. And the greatest of these is love. The great ones proclaimed it, as even the wise and the holy ones have lived it. The singers sing about it, as the preachers preach about it. And it is all true, in the end. We must love one another even as we have been loved – not some frothy and emotional, sappy appeal, but the kind of action that elevates others need and dignity above our own. It is the kind of action which tolerates differences in deference to commonality and our shared struggle.

And so I ask – do we have it? We talk, preach and pray about notions like peace, justice, and fairness, and I believe that we intend them and desire them. But, do we do them? If I have evoked even a moment of pause to consider this question, we need not be too hard on ourselves. For in this action now before us we have the opportunity to redeem our lack of fidelity to our best of intentions. I am asking you, the people of this community to come out and join me in supporting the Helena Non-discrimination ordinance which will be coming on for final hearing and approval by the Helena City Commission at 6:00 on Monday, December 17^th, not just because it is of vital importance to so many, or because it is the right thing to do, but because it says so much fundamentally about who we are as a community, as a society, about being the change we wish to see in the world. It is not enough to have good intentions, to talk, preach and pray about the world that we want to live in, that we want for our children. We have to get out and build it.

The State Of The Ordinance (dgsmith.org)
Boise Approves Transgender-inclusive Non-Discrimination Ordinance (dgsmith.org)
Help! Helena Non-discrimination Poll Freeped By Haters (bilerico.com)

Help! Helena Non-discrimination Poll Freeped By Haters

Dec11 by D Gregory Smith

Also published on Bilerico.com

A poll in this week’s Helena Independent Record asks the question “Does Helena need a non-discrimination ordinance?” This is seemingly in response to the order of business currently before the Helena City Commission – an ordinance of non-discrimination [pdf].

“State and/or federal law prohibit the denial of civil rights or discrimination on the basis of age, race, color, national origin, ancestry, religion, creed, sex, pregnancy, marital status, familial status (solely for housing), and physical or mental disability. In addition to these protections, it is the intent of the City of Helena that no person shall be denied his or her civil rights or be discriminated against based upon his or her sexual orientation or gender identity or expression.”

Yeah, kind of a big deal for Montana.

At first, the numbers were fairly even on both sides – then those in favor of the ordinance outnumbered those opposed.

By hundreds.

Typically the IR polls receive about 500 respondents total, but it appears that some conservative blogs, websites and facebookers have called in their forces to vote (in this very unscientific poll) against this ordinance currently being considered by the Helena City Council.

While I’m not sure that this is a huge issue (the poll, not the ordinance), it irks me that those opposed are marshaling the forces of discrimination across the country to weigh in.

Well, turnabout’s fair play. Vote here – and show Helena that the nation is watching.

Help! Helena Non-discrimination Poll Freeped By Haters (bilerico.com)
Helena, Mont., Officials Want to ‘Add The Words,’ Too (boiseweekly.com)
Proponents, opponents pack hearing on Helena’s proposed anti-discrimination ordinance (billingsgazette.com)

Tim Fox Fails His First Test

Dec10 by MontanaRiverRat

One of the first tests for statewide elected officials in Montana is the decision on their top staff appointments. On Friday, Tim Fox failed the test.

Fox announced 4 straight, white men as leadership in his office, and announced a female executive assistant (not pictured). The most notable of his selections is Jon Bennion, the former lobbyist for the Montana Chamber of Commerce. (I’ll have more to say on this appointment in a later post.)

These appointments make it painfully clear that diversity is not a priority for him.

Now, diversity for the sake of diversity isn’t inherently valuable. But when you seek a diverse staff so that you have a broad range of experiences, histories and viewpoints you can make your organization–in this instance the Department of Justice–a stronger entity.

The Department of Justice plays such a huge role in the lives of Montanans that this diversity of experience would improve our state. For example, the DoJ oversees all the law enforcement in the state, and we all know that there has been a history of real and perceived racial profiling by law enforcement in tribal communities. By selecting these men as his senior staff, Fox doesn’t have someone providing him with a first-hand understanding of this issue, so Fox is incapable of making an informed decision to do something about it.

It’s important to understand that building a diverse team isn’t something that happens by itself. It’s something that takes work and a concerted effort to make it a priority. Governor Schweitzer is the model on this.

Anyone who has followed Schweitzer’s time in office knows that he has more Native Americans in his staff and cabinet than all previous Montana governors combined. This emphasis on diversity in his staff has paid off, as Schweitzer has enjoyed a close relationship with Montana’s tribal communities to solve some of the problems these communities have faced.

Schweitzer has also put women and members of the LGBT community into senior staff and advisory positions.

Hopefully Fox will take a page out of Governor Schweitzer’s book, and for the sake of Montana, add a little bit of diversity to his staff.

In other appointment news, I’m closely following Governor-elect Bullock’s appointments. We all know that Bullock stumbled during the campaign when it comes to LGBT issues. Hopefully, he’ll follow our advice and appoint some LGBT people to his staff or cabinet. We have several current and former LGBT legislators that would be fantastic choices.

AG-elect Fox names 5 appointees (billingsgazette.com)
Republican Tim Fox wins Montana attorney general race (billingsgazette.com)
AG candidate Fox returns $32K GOP donation (sfgate.com)
Bullock looks to diversify Montana’s economy (seattletimes.com)

That’s a dealbreaker

Dec7 by MontanaRiverRat

Earlier, Bobbie posted an update about the Helena Non-Discrimination Ordinance. And, in my first post on this blog, I’m going to strongly disagree with her on the preferred outcome related to the locker room amendment.

Bobbie believes that through compromise, this amendment could be modified to an acceptable level. I think this amendment is a dealbreaker and if it remains, is reason enough to oppose the ordinance as a whole.

Now, I want to throw a caveat into this assertion, and a little bit of wiggle room for me to admit that I might be wrong on this: I’m not a transgendered person; I will never assert that I know all of the experiences that a person goes through when dealing with the societal bias and stigma that transgendered people deal with on a daily basis.

That being said, I have a difficult time accepting an ordinance that could put any trans people in a more difficult position. Under her compromise position, Bobbie suggested,:

“the “locker room amendment” should be revised to preclude only those with socially inconsistent genitalia from revealing as much, from exposing such inconsistent genitalia. To be clear, a pre-op transwoman could be excluded from the female locker room if she exposes her penis, and similarly a transman if he reveals the lack thereof in the male locker room.”

While I understand the sentiment that Bobbie is expressing, I don’t think this gets to the fundamental issue at hand. Currently, trans men and women often face a dilemma when deciding which locker room or restroom to use. This ordinance was introduced in order to make these sensitive situations more safe for all Helenans. I worry that this compromise amendment could leave some of our trans brothers and sisters behind.

Furthermore, there currently is no prohibition on trans people using their self-identified restroom or locker room. I worry that this amendment would codify a law which would leave some trans people in a worse position than when this debate started more than a year ago.

I want to restate though, I am not a trans person, so I’m not going to claim to understand the experiences they’ve been through. But, as a cisgendered homosexual person, I can’t handle the thought of knowing that my rights are being advanced, while the rights of others are being restricted in city code. That’s why, this amendment is a deal-breaker no matter your gender identity.

I hope that Commissioner Haque-Hausrath and Mayor Smith continue to oppose this amendment, and Commission Thweat changes his opinion on this measure.

The State Of The Ordinance (dgsmith.org)
Trans Women Using College Locker Room Causes Uproar (lezgetreal.com)
American Psychiatric Association to stop classifying transgender people as having a mental illness (sott.net)
Don’t donate to anti-transgender Salvation Army this holiday season (jessielansdel.wordpress.com)

New Contributors!

Dec6 by D Gregory Smith

I’m delighted to welcome some new and shining voices to From Eternity To Here: Jim Bruce, Bobbie Zenker and Timber Venard!

They have each agreed to share their amazing and unique voices here, and I couldn’t be more delighted.

Please give them each a warm welcome and see the all new “Contributors” page under the masthead for more info about these amazing writers.

And there are more to come!

If you are interested in being a contributor, please write me at dgsma@hotmail.com with “Contributor” in the subject line.

Writers Wanted! (dgsmith.org)
Let Me Introduce Myself and Our Democratic Republic (dgsmith.org)

Let Me Introduce Myself and Our Democratic Republic

Dec6 by Timber

Hello all! My name is Timber Venard and I received the honor of becoming a contributing writer with “From Eternity to Here.” I feel very blessed for this opportunity and I hope that you will enjoy what I write. Thank you, Greg!

My blogs tend to be a little tongue-in-cheek, but I like to sandwich good information with humor and sarcasm. There really IS a point to the things that I write. So, bear with me on the journey and let’s see where this takes us!

I was born into a Christian family. Let me restate that: I am a preacher’s kid! Oh, my poor parents were screwed from the get go! I wasn’t a bad kid, but yes, I am gay. And we all knew it from a pretty early age. Although, that brought its own trials and tribulations over the years. Perhaps, someday I will tell you about them all!

I am a HUGE activist for the LGBT community regarding equal rights and marriage equality. I am hoping to use my superpowers (my writing skills, of course) for good! But, occasionally there is wickedness/evil that shows up in my editorials (insert evil laugh here). I also run my own VERY small blog called, Timber’s Morning Coffee. If have have the time, or the inclination, please check it out!

So, for our first topic of discussion, Democracy, our rights and our responsibilities.

We think that because we live in a democratic republic (notice I didn’t say, “Democracy”), we assume that everything changes simply because of a vote. This isn’t quite the truth. I recently read an article in Advocate Magazine regarding the comparison of civil rights work in China vs. the United States.

In some foreign countries, they believe that we have so many more freedoms and that they are all granted by the government. In many ways, that’s very true, but in other ways, that is completely false, and we have fallen into the same trap of believing that we are going to get whatever we want, simply by saying so.

President Lyndon B. Johnson signs the 1964 Civil Rights Act as Martin Luther King, Jr., and others, look on. (Photo credit: Wikipedia)

WAKE UP!!! Yes, there was a good coup for LGBT civil rights in this last election, but it doesn’t stop there. All of the rest of the States and the Federal Government still have plenty of work to do in recognizing the equality of LGBT people. And, where does this start?

With you. With your voice. Knocking on doors, making phone calls, writing letters/blogs. Being visible in the community.

You see, we can’t just vote in our own civil rights. The point of a democratic republic is that we elect representatives to vote FOR us. This means, as our representatives, they need to listen to their constituency. Although, that’s not a guarantee that they will.

At this point, it is going to take thousands of little victories in order to gain the BIG ONE! Each city that passes a non-discrimination ordinance (C’mon, Helena!!) is a step in the direction of equal rights. If we can look back to the racial civil rights, look at what a slow process that was. It didn’t just happen over night. From the Emancipation Proclamation to the first desegregated schools it took well over 100 years.

Because of information technology, some of these things can happen faster than before, but it’s still going to take the same amount of work on our (the average citizen’s) part.

I, for one, have a good (choke. . .republican) friend in the Montana Legislature. He has slowly been changing his views on civil rights for the LGBT community because he has gotten to know me and my partner. We are real people to him. And yes, he and I will be having several discussions regarding our views on civil rights. I may not sway him, but perhaps I can get him to think and maybe even compromise.

That’s the point. We are not going to win the battle in one fell swoop. We are going to win it one heart and one mind at a time. Settle in, kids. It’s going to be a bumpy ride, but it will definitely be worth it!! And, if you don’t get involved, how are things ever going to change? But, if you DO get involved, then we will send you a plaque and a voucher for a toaster oven! (I’m shooting for the cruise!)

Not really, but you WILL get to say that you were in the forefront of changing American History. How often do we get to say that we were a part of making history? Usually for me, it’s just making things covered in glitter and feathers and although some of those things are EPIC and should be in a museum, they don’t further my equality as a human being!

LGBT Post-Election Analysis on Critical Thinking [VIDEO] (bilerico.com)
Catholic Bishops Suddenly Silent as LGBT Ugandans Face Possible Death (bilerico.com)

Sip 4 Pride at Yellowstone Cellars to Feature ‘TransMontana’ Reading‏

Dec5 by D Gregory Smith

Annual TAP 365 event features Montana’s first openly transgender attorney and author

The new grassroots advocacy group TAP 365 will partner with the YMCA Writer’s Voice for SIP 4 PRIDE: A Meet & Greet with Montana author Bobbie Zenker. The free event will held from 6 – 8 PM, Thursday, December 6, at the Yellowstone Cellars Winery, 1335 Holiday Circle, in Billings.

Bobbie Zenker is the author of the new book, TransMontana: a Memoir of Transformation of Body, Mind & Spirit. TransMontana is the story of Montana hunter and former county attorney Robert Zenker’s transition from a male, popularly elected official to modern, professional woman. She will read from and discuss her book, and sign copies available for purchase.

Robert Zenker was a married man and father of two, boxed in the psychologically complicated, emotionally taut web of secrecy, shame, fear, doubt and ambiguity of self of a transsexual deeply in denial. Roberta inhabited that body and all the accoutrement of the life of a man in Montana for nearly 50 years before her transition from man to woman in 2007.

The remarkable story charts a complex, courageous and sometimes dangerous journey involving not only physical transition, but also alcohol recovery and the result of both – a spiritual transformation. Bobbie is now a beloved daughter, LGBTQ activist, and a supportive friend to many women.

Tap 365 is a grassroots, non-profit organization, campaigning to unite the diverse communities of Montana, creating strong social ties that oppose discrimination and promote acceptance. The mission is to create a sense of place and connection, fusing together all people, regardless of their differences. TAP 365’s “4 PRIDE” Event Series engage the greater Yellowstone region in issues of critical to their mission. Join TAP 365 and learn about their work in the Billings area on LGBT issues.

Founded in 1985, Pride Foundation inspires a culture of generosity to connect and strengthen leaders, students and organizations creating LGBTQ equality in the Northwest.

Transgender Day Of Remembrance (dgsmith.org)

Writers Wanted!

Dec4 by D Gregory Smith

St. Augustine writing, revising, and re-writing: Sandro Botticelli’s St. Augustine in His Cell (Photo credit: Wikipedia)

With my counseling practice becoming busier, my work at AIDS Outreach taking more of my time, etc., I’ve been having a hard time keeping up with all the news ind information that is of interest to the readers of this blog (Montana politics, LGBTIQ issues, HIV, Spirituality)

It’s still important work, so I’m looking for a few people who might be interested in contributing to this site on (at least) a weekly basis.

If you are interested, just drop me a line at dgsma@hotmail.com with “Writing!” in the subject line.

Thanks!