ACLU Presents Montana Supreme Court Appeal Friday For Same-Sex Domestic Partnerships

Apr10 by D Gregory Smith

The American Civil Liberties Union will appear before the Montana Supreme Court Friday for oral arguments on behalf of six committed same-sex couples seeking domestic partnership recognition.

The case, Donaldson and Guggenheim v. State of Montana, was filed in July 2010 and seeks protection for same-sex Montana couples and their families under the Montana Constitution’s rights of privacy, dignity and equal protection under the law. The goal of the lawsuit is to ensure that same-sex couples have access to the legal protections and obligations they need to take care of each other and their families.

In 2011, District Court Judge Jeffrey Sherlock dismissed the case. Friday’s oral arguments are part of the appeal of that decision.

WHAT: Oral arguments in the appeal of Donaldson and Guggenheim v. State of Montana.

WHO: Arguments will be heard by the Montana Supreme Court.

Plaintiffs available for comment will be Jan Donaldson and Mary Anne Guggenheim, Mike Long and Rich Parker, Rick Wagner and Gary Stallings, Denise Boettcher and Kellie Gibson, and Stacey Haugland and Mary Leslie.

Cooperating Attorney James Goetz, ACLU and ACLU of Montana attorneys will be available for comment.

WHEN: Friday, April 13, 2012
9:30 a.m. MST

WHERE: University Theater
University of Montana
Missoula, Montana

More information is available at www.aclumontana.org and www.fairisfairmontana.org.

Couple’s Love Inspires A More Equal Montana (dgsma.wordpress.com)
Montana Pride 2012 Early Bird Tickets Now Available! (dgsmith.org)
Montana’s Last Best Chance (dgsma.wordpress.com)
ACLU Sues Montana Over Domestic Partnerships (queerty.com)
Seven Gay Couples Sue State of Montana For Equal Protections (towleroad.com)

After My Own Heart

Nov29 by D Gregory Smith

A.J. Otjen, University of Montana Professor and 2010 GOP Congressional Candidate has an Op-Ed in the Missoulian that flies in the face of the arguments by Treasure State Politics about LGBT rights (see previous post) and takes on the Montana GOP’s Notorious Platform Plank:

Image via Wikipedia

(The) Montana Supreme Court heard an appeal giving same-sex couples the protections that heterosexual couples enjoy. We should demand that our Republican leaders support this decision. But, the Montana Republican party platform says homosexual acts should remain illegal.

Apparently, the party that favors smaller, less intrusive government wants bigger, more intrusive government when it comes to our domestic arrangements. Three’s a crowd in the bedroom, folks.

Worse, the party line doesn’t fit with what most Republicans think. The latest Gallup poll says that 85 percent of Republicans want their candidates to focus on the economy, not social issues.

It will be increasingly difficult for Republicans to win general elections if party leaders try to block the Supreme Court ruling or this troubling clause stays in the Republican state platform. Almost two-thirds of independents supported legalizing same-sex marriage in a 2010 Gallup poll.

Anecdotal evidence from online posts shows thousands of voters saying they would vote Republican except for the GOP’s rigid stance on gay issues.

Almost one-third of Republicans supported legalizing same-sex marriage in the 2010 Gallup poll. Over 70 percent of 18- to 34-year-olds support legalizing same-sex marriage, up 16 percentage points from 2010. This “overwhelming” number in favor of marriage equality “makes the trend toward growing acceptance both clear and unstoppable,” says Jon Walker at Firedoglake. (emphases mine)

I am delighted and cautiously optimistic.

Of course I want her to be a bellwether, and having A.J. Otjen singing “The Times, They Are A-Changing” (with statistics) might be the wake-up call the Montana GOP needs. But will they hear it?

The Tea-Party Christianists seem to have a loud voice, if not large numbers- and the fact that this plank was “sneaked in” past the majority of delegates- as some maintain- doesn’t leave me with a helluva lot of faith in the process.

I want to believe it. I do. I like what she’s singin’, God bless her. It’s rational, reasonable, and backed by scientific data.

But I know a few people who’ll run to unplug the speakers as fast as they can. Especially because it’s rational, reasonable and backed by scientific data.

Sigh.

Stay tuned- and read the whole piece here.

ACLU Asks Montana Supreme Court to Grant Legal Protection to Same Sex Couples (dgsma.wordpress.com)
In Which I Am Insulted, But Not Named (dgsma.wordpress.com)

Illegal No More?

Feb24 by D Gregory Smith

Balancing the week, indeed. The Montana State Senate voted to strike the obsolete law criminalizing the gay.

The Montana Supreme Court struck down the law in 1997, and Senate Bill 276 carried by Sen. Tom Facey would remove it from state code. The Missoula Democrat said the measure would provide equal protection under the law for all Montanans.

The Senate endorsed the bill 41-9 with 19 of 28 Senate Republicans supporting the measure. It has one more usually procedural vote before it goes to the House.

Republican backing for the measure goes against years of support for outlawing homosexual acts, which became part of the official party platform after the 1997 Supreme Court decision.

We’ll see if House Republicans want to make a point out of this one…