Domestic partnership « From Eternity To Here

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.

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.