Tag Archives: ACLU

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

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.

Celebrate the Freedom to Read during Banned Books Week – Sept. 24-Oct. 1

by D Gregory Smith

From The ACLU:

HELENA, MT —Almost since Montana’s beginnings people have been trying to control what we read. Books have been targeted for being too violent, too insulting, too sexy or just plain too dangerous.

  • In 1902 Butte banned “The Story of Mary MacLane by Herself” as morally corrupt and insulting to Butte and its citizens.
  • During WWI Montana banned, and some towns even burned, German books as part of the Sedition Act.
  • Just last year, a parent challenged the use of Newberry Award-winning book “The Absolutely True Diary of a Part-Time Indian” in Helena Public Schools’ curriculum. The ACLU of Montana was there, as were more than 100 supporters of intellectual freedom who successfully fought for the novel’s retention.

The ACLU takes a strong stance for the First Amendment and everyone’s right to read what they choose.

Celebrate Banned Books Week, Sept. 24-Oct. 1 by learning more about book banning, finding out what you can do to protect intellectual freedom, reading a banned book or attending a Banned Books Week event near you hosted by the ACLU or Montana or the Montana Library Association’s Intellectual Freedom Committee.

*Great Falls — Monday, Sept. 26
12:00 Noon
Montana State University – Great Falls, Heritage Hall

*Helena — Monday, Sept. 26
6:30 p.m.
Lewis and Clark County Library

*Plentywood — Monday, Sept. 26
7 p.m.
Sheridan County Library

*Butte — Tuesday, Sept. 27
12:00 Noon
Montana Tech Library

*Bozeman — Tuesday, Sept. 27
12:00 Noon
Montana State University Library, basement classroom

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

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

Court Orders Prison to Keep ACLU Client Out of Solitary

by D Gregory Smith

Raistlen Katka much improved after being returned to general population; Suit over unconstitutional conditions will continue

HELENA, MT — District Court Judge Jeffrey Sherlock has ordered the Montana Department of Corrections to refrain from placing teenage prisoner Raistlen Katka in administrative isolation and from imposing behavior modification plans on him until his release or February 2012 trial.

 

“The Court does this for a couple reasons. First, it is clear that Plaintiff is doing well under the current specialized treatment plan,” wrote Sherlock in his decision, adding that he has concerns that Raistlen could suffer irreparable harm (up to suicide) if placed in solitary confinement again.

 

“Since we were able to secure his release from solitary confinement last year and get him mental health treatment, he has done far better than he did under the prison’s ‘behavior management plans.’ He’s earned his GED and is learning a vocational skill,” said ACLU Legal Director Betsy Griffing of Raistlen’s current conditions. “He was prohibited from receiving real educational instruction and vocational training in solitary confinement.”

 

The ACLU of Montana filed a lawsuit against the state of Montana and the Montana Department of Corrections in 2009 over the illegal, inhumane and degrading treatment Raistlen was subjected to by being placed in solitary confinement when he was a juvenile and when it exacerbated his mental illness. Those conditions violated the Montana Constitution’s right to human dignity, and were particularly objectionable because they were imposed on a minor child with mental illness.

 

Raistlen was Tasered, pepper-sprayed, deprived of human contact, punished by torturous ‘behavior management plans,’ stripped in view of other inmates and traumatized to the point of attempting multiple times to kill himself.

 

Raistlen has a history of childhood abuse, and has been diagnosed with post-traumatic stress disorder and other mental illnesses. His incarceration in the Montana State Prison’s restrictive “Special Housing Unit” began in March 2009 when he was just barely 17 years old. In the ensuing year his condition seriously deteriorated.

 

The ACLU was finally able to secure Raistlen’s release from solitary confinement, mental health treatment and a return to the general population after several more suicide attempts.

 

Though the most pressing goal of the ACLU’s litigation – to ensure that Raistlen would be removed from inhumane conditions – has been achieved, the lawsuit will continue.

 

“This lawsuit is for Raistlen, but it’s also for all the other adolescent and mentally ill prisoners subjected to these harsh, punitive conditions. MSP’s use of solitary confinement and BMP’s violates contemporary correctional practices as well as Montana’s constitutional guarantees,” said ACLU cooperating attorney Andree Larose. “As a society, we must be concerned not only about whether the treatment of inmates is humane, but also about what long-term effects such inhumane treatment has on these prisoners. When we ignore the core humanity of a prisoner, we not only violate the Montana Constitution, we make our community less safe in the long run.”

 

ACLU Appeals MT Same-sex Partnership Dismissal

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.”

 

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 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.

Majority of Montana Voters Support Same-Sex Domestic Partnerships

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.

Gays, Marriage Polls, Jesus and Sally Kern

by D Gregory Smith

From the Washington Post:

As New York gears up for its second weekend of same-sex nuptials, a Washington Post-ABC News poll finds Americans split 50 to 46 percent over whether the state’s law legalizing such unions is a positive or negative outcome. Reactions to the new legislation — like support for legalizing gay marriage in general — range tremendously across generational, political and religious lines.

Americans have grown increasingly accepting of same-sex marriage over the past decade, according to surveys by The Post and ABC,Gallup, the Pew Research Center and others. The public opposed legalizing gay and lesbian unions by a 58 to 36 percent margin in 2006, but the new Post-ABC poll finds a slight majority — 51 percent — saying such marriages should be legal.

New Yorkers- and Americans in general are increasingly favoring marriage equality.  A majority of Montanans now favor domestic partnerships. It’s becoming more clear that there is no threat from the “Gay Menace”. In fact, Virginia, there is no Gay Menace- and no threat.

It is worth noting, however, that the biggest statistical groups who view marriage equality as “Negative” come from “Conservative Republicans” (71%) and “White Evangelical Protestants” (71%).

Most of the weird, anti-gay vitriol comes from “conservatives” (notable exception: Ruben Diaz). The ignorant and hateful things Montana legislators have said on record have been well-documented here and on other sites (not so much in the Montana newspapers) and, you guessed it- they come from elected Republicans.

I have also noticed an element of religious righteousness when the conversation takes place with many “conservatives” whether in person, on tv or the radio. Maybe you’ve noticed it, too. I heard it last night on CNN when some Congressional Representatives had to go “pray about” the debt ceiling vote. Now I’m all for prayer, but they seem to be forgetting Matthew 6.5-6…. The point I’m struggling to make here, is that there is an element here that will not give in– not to science, not to reason, not to compassion, not to anything but radical fundamentalism. For them, that would be abandoning God’s Word- and for a fundamentalist/biblical literalist that means Hell- the ultimate fear meme. It’s that faction that concerns me. And it seems to be safely ensconced in the Republican Party.

A perfect example is Oklahoma Republican legislator Sally Kern, who had this to say about gay persons on July 27th:

To me what is hateful is when those people who say ‘you’re born this way, there’s no hope in change, you’re stuck in this, deal with it,’ that is hate. There’s no hope in that…

We’re losing our freedom of conscience. And if the homosexuals get what they want, and as you said it’s not just homosexuality, its immorality or adultery, all of that, but in my opinion the homosexual movement is the tip of the spear. They’re the ones who right now are beating down the door, have their foot in the door, trying to tear down the moral fiber of America. We have to stand up to that. The reason it’s the tip of the spear- you don’t see ‘Adulterers Victory Fund’ out there trying to promote adultery. God’s people got to stand up to this. (emphasis mine)

Here’s what’s disturbing to me about this: She can say these ignorant, hateful things in public, under the protection of free speech-and feel righteous and supported in doing so. Without serious repercussions from her party or other conservatives. In fact, they’ve been portraying themselves as victims. (seriously, watch this) I would love to hear an elected conservative make an “It Gets Better” video. None have done so. I would love to hear the uproar from thoughtful conservatives against the unreasonable lines of thought and logic. It doesn’t happen. Maybe a few gasping voices- but no uproar. That’s a fact.

I don’t want to bash- it’s not productive, but I do want to ask the question: Where are the reasonable voices for equality in the Republican Party? Why don’t we hear from them as much as Sally Kerns or Ann Coulter?

I have strong feelings about Christian Fundamentalism. I am firmly convinced that the enormous richness of scripture- and the whole Christian Tradition- becomes diluted with simplistic personal interpretations and wanton literalism. The Bible is a complex and varied collection of documents and literature- it is not to be simplistically reduced to quick and glib personal statements. Broad themes can be construed, yes, but not without a great deal of thought and research. And most scripture scholars would agree.

I have spent a great deal of my life studying the words and works of Jesus Christ. I have read the Bible- a lot. I have studied scholarly interpretations of scripture and worked with experts in the field- I have three degrees in theology, in fact- and I have never, not once, found a reason to believe Jesus would ever condone this sort of ignorant, non-loving nonsense. That’s not the Jesus I know and love. That particular Jesus is a creation of very frightened, and perhaps even, unenlightened people.

The real Jesus was interested in showing the love of God. He lived for mercy, justice and peace. He died for compassion and integrity and truth. I believe he’s interested in my truth. Not only interested but invested in it. And my truth is this: I am a man who simply wants to love and be loved according to my created, inborn nature- an inborn nature I spent years questioning, examining and reflecting upon.

That’s all. It’s quite simple really. I’m just asking the world to trust the reality of my experience. Arguably, the people I’m speaking of could say the same thing- but I would argue that they’ve abandoned experience in favor of biblical literalism.

There’s also this difference between us: my worldview doesn’t condemn anyone else to eternal fire and damnation. It doesn’t threaten anyone else at all, really. People like Sally Kern may think they’re being threatened, but I think they’re just scared- too scared to look at the reality of life with open hearts. Their hearts are set in stone- immovable, inflexible, afraid.

That’s not the way I want my heart to be. I want it to be open and accepting and generous and kind. I’m happy to let other people give love and receive love wherever they can. Without limits. Because that’s how I believe it works best.

And the good thing? The American People are starting to think so, too.

The Joke (on us) Has (at least for now) Ended.

by D Gregory Smith

Yes, folks, the circus that was the 62nd Legislature of the State of Montana has been officially closed.

It was one of the most contentious sessions in memory- and one of the most publicized. Sadly, for Republicans, it was mostly at their expense. Republican lawmakers introduced the most ridiculed and bigoted legislation in Montana history- giving the state its fair share of national media attention. Only some of it good.

Mostly it was about third-rate candidates such as Billy Bob Wagner, who introduced legislation to reinstate the gold standard, and was laughed at nationally on Anderson Cooper 360 for his ridiculous “birther” bill (but mostly for his stupidity). Then there was Kris Hansen, a “secret lesbian” who introduced one of the most pro-discrimination legislative actions to ever hit the aisles of the Capitol. Mary Cheney, anyone? And the Montana GOP, for no good reason other than to perpetuate hate and shame, voted to keep The Gays illegal- and we heard some of the most disgusting testimony to ever foul a Capitol microphone.

And don’t forget (as if I could) Janna Taylor’s ridiculous, ignorant and dangerous comments about HIV in the Montana prison system. In my opinion, the defining moment of the session. And that is a short list of all the craziness perpetuated at the time and expense of the people of Montana-a better list is here.

But I want to take a minute to thank the legislators who spent a great deal of their time and energy standing up for the rights of Montanans. Diane Sands, Carol Williams, Christine Kaufmann and Bryce Bennett all spent a lot of time defending equality and testifying against discrimination, bigotry and homophobia in this session. If you see any of them, thank them. Buy them a drink.

Hell, give them a kidney if they need one.

It is folks such as these- and all who testified, protested, blogged and wrote letters-, who keep our freedoms alive- and who stand in the face of political bigotry and chicanery.  And let’s not forget Jamee Greer, Mike Wessler, Niki Zupanic and all the representatives of groups who lobbied for human equality- they get all the abuse, ridicule and sleepless nights, but not enough recognition. Drinks and kidneys for them, too.

Let’s give Carol Williams the last word (for now):

“I’m proud of our work.

With that, Mr. Chairman, I will wish you luck in the next session probably trying to fix a lot of the things we broke this time.”