DOMA, Prop 8 DOWN

Jun26 by D Gregory Smith

The Federal government will now recognize people who are legally married in any state. It’s unclear if they will recognize marriages if the participants move to a state where it is not legall recognized- like Montana. Would it mean that MT couples could go get married in WA and then file federal income taxes together?

Prop 8 is struck down- which means that it is legal for a CA clerk of court to give a marriage license to a same-sex couple- maybe a brave one will do that today…

The rainbow flag, sometimes called ‘the freedom flag’, has been used as a symbol of gay and lesbian pride since the 1970s. The different colors symbolize diversity in the gay community, and the flag is often used as a symbol of gay pride in gay rights marches. It originated in the United States, but is now used around the world. (Photo credit: Wikipedia)

Supreme Court rules DOMA unconsitutional (minbcnews.com)

Wyoming: “The Inequality State”

Jan31 by D Gregory Smith

Wyoming’s latest opportunity to prove that it’s state motto is even partially true has dissolved.

The “Equality State” has rejected even domestic partnerships for same-sex partners after bringing it to the House floor yesterday. From the Casper Star-Tribune:

Seal of Wyoming (Photo credit: Wikipedia)

The Wyoming House has shot down a bill that would have allowed same-sex couples to create domestic partnerships carrying most of the legal rights of conventional marriage.

The House voted 35-to-24 against the bill. It marked the first time that pro-gay legislation reached a full floor debate in the state Legislature.

Proponents of the bill said that it would grant same-sex couples as well as other citizens a way to share their property and make health care decisions for each other.

Opponents warned that the bill threatened to open the state to legal action seeking to force it to approve same-sex marriage.

A separate bill cleared the Senate Judiciary Committee on Wednesday that would outlaw discrimination on the basis of sexual orientation. That bill now heads to the full Senate.

Wyoming, the state where Matthew Shepard was tragically murdered- now has an opportunity to outlaw discrimination. I will be delighted to see it happen- but it doesn’t seem very likely at this point.

Sad. If I were a Wyoming legislator, I’d introduce a bill to change the motto to “The Inequality State”.

Wyoming Domestic Partnership Bill Passes Out Of Committee (dgsmith.org)
Wyoming House defeats domestic partnership bill (trib.com)
Wyoming Lawmakers Kill Domestic Partnerships But Advance Nondiscrimination Protections (thinkprogress.org)
Equality State Kills Equality Bill (huffingtonpost.com)

Please Share Your Story With Fair is Fair MT

Jan29 by D Gregory Smith

The Fair is Fair campaign, a project of the ACLU of Montana, is dedicated to increasing public support for domestic partnerships by telling the stories of real couples who have been denied equal protection because their relationships are not legally recognized.

We are looking for same-sex couples who are willing to share their stories about how they have been denied basic protections afforded to other families.

If you are in a committed relationship with a same-sex partner and you have experienced difficulties (tax problems, pension issues, problems related to caring for children or making medical decisions for your family, or any other types of difficulties) because your relationship isn’t legally recognized, please e-mail me at niniab@aclumontana.org.

All communications will be handled as confidential by the ACLU.

Right now, loving, committed same-sex couples and their children still don’t have the protections they need to live their own lives in Montana. The ACLU has brought a lawsuit, Donaldson and Guggenheim v. State of Montana, to win equal protection for same-sex couples. Court cases are important, but to win lasting fairness for gay and lesbian couples we need to convince not just the courts but also the general public that Montanans need domestic partnerships.

Please don’t pass up this opportunity to tell your story and to help Fair is Fair change hearts and minds.

Montana Supreme Court Allows Domestic Partnership Case for Same-Sex Couples To Move Forward (dgsmith.org)
Personal Finance Guide for LGBT | AptusInsurance.com (aptusinsurance.com)
Pride Foundation Scholar Helps Draft Montana Civil Unions Bill (dgsmith.org)
Same-sex Marriage a Boost for Wedding Business (hispanicbusiness.com)
ACLU: Federal court declares ‘Defense of Marriage Act’ unconstitutional (with video of Edie Windsor) (miamiherald.typepad.com)
Prosecutorial Discretion for Same-Sex Couples Affirmed (lawprofessors.typepad.com)

Alaska Supreme Court Hears Arguments in Same-Sex Couples Case

Nov17 by D Gregory Smith

English: The inscription Equal Justice Under Law as seen on the frieze of the United States Supreme Court building (Photo credit: Wikipedia)

From the Anchorage Daily News:

The Alaska Supreme Court heard arguments Wednesday in an appeal from the state over an Alaska taxation policy that treats same-sex couples differently from straight couples.

Last year, a superior court judge ruled same-sex couples are entitled to the same senior citizen and disabled veteran property tax exemptions as married couples, saying a constitutional amendment defining marriage as between one man and one woman doesn’t trump equal protection laws.

Superior Court Judge Frank Pfiffner said in his September 2011 decision that the state’s marital classification violates the Alaska Constitution’s equal protection clause.

The state did not sufficiently distinguish this case from a 2005 Alaska Supreme Court ruling that addressed discrimination based on sexual orientation, Pfiffner said. In that case, brought by the Alaska American Civil Liberties Union, the court said state and municipal same sex employees could not be denied partner benefits given to married couples.

Share Your Story- Montana LGBT Couples Needed

Sep3 by D Gregory Smith

SHARE YOUR STORY

The ACLU of MT needs your help to
make domestic partnerships a reality in Montana!

Real families with real stories

will help us convince the public that same-sex couples need

equal protection to safeguard our families in times of crisis.

For more information

read the ACLU memo below

or write to

ACLU of Montana LGBT Advocacy Coordinator Ninia Baehr at niniab@aclumontana.org.

English: No Homophobia logo (Photo credit: Wikipedia)

In Montana, the state government offers legal protections to couples and families that help them care for one another. Right now, these protections are only available to couples who get married. This means that opposite-sex couples are eligible for the safeguards offered by the state, because they are able to marry. But loving, committed couples of the same sex are left without the protections they need to care for one another in times of crisis, and that’s not fair.

The Montana Constitution guarantees fair and equal treatment to all people. That’s why the ACLU of Montana is suing on behalf of same-sex couples who have been denied the ability to take care of each other and their families. In the lawsuit Donaldson and Guggenheim v. Montana, the plaintiffs are asking the state to create a domestic partnership registry that would grant them access to the safeguards that are currently only available through marriage. Here are a few of the ways the plaintiffs have been discriminated against:

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.
Denise Boettcher of Laurel was denied bereavement leave when her partner Kellie Gibson’s father died.
When Mary Anne Guggenheim of Helena had a hip replacement, a health care provider would not speak to her long-time partner Jan Donaldson without a release.

Lawsuits like Donaldson and Guggenheim are important, but to win lasting fairness for gay and lesbian couples we need to convince not only the courts but also the general public that Montanans need domestic partnerships. Our public education campaign, Fair is Fair, highlights the real stories of real people who have been denied equal protection. We are looking for same-sex couples who are willing to share their stories about how they have been denied basic protections afforded to other families. We are especially interested in hearing from couples who have been denied one of the following rights:

 The right to make medical decisions for their partner if s/he is incapable of doing so

 Inheritance rights or the right to determine burial arrangements

 The right to family medical or bereavement leave

 Priority to become the court-appointed guardian for an incapacitated partner

Have you had experiences like these?

If so, please e-mail me at niniab@aclumontana.org or call (406) 579- 8884. ACLU staff will listen and talk with you to explore whether your story might be a good fit with the Fair is Fair campaign. We will keep your information confidential unless and until you feel comfortable telling your story publicly. For more information about the Fair is Fair campaign go to www.fairisfairmontana.org. And please do pass this on if you know a couple who might be interested. Don’t miss this opportunity to make your voice heard!

Fairness For All Families- Billings (dgsmith.org)
Nevada Same-Sex Couple Denied Hospital Visitation Despite Domestic Partnership (thinkprogress.org)
Newlyweds Give Same-Sex Couples First Dance at Wedding (advocate.com)
Power of Attorney Critical for LGBT Couples (blogs.lawyers.com)
Gay Activist Goes Undercover At NOM Conference (patheos.com)
HRC: Paul Ryan voted against hate-crimes law, end of military ban, letting gay couples marry adopt (miamiherald.typepad.com)
Hate (Officially) Comes To Billings For A Day (dgsmith.org)

My Dissent Explained

May8 by D Gregory Smith

Last week, I posted about my disappointment with Steve Bullock’s position on marriage equality- and there were several comments here, on other blogs and on Twitter debating whether we (progressives) could afford to not get behind the presumed Democratic nominee.

I simply want to say here, as I have in some responses on other platforms, that I am responding in the spirit of creative dissent. I am not going to lean back, say “Oh well, maybe someday he’ll get it,” act like nothing happened and proceed with business as usual. I’ve come too far- we’ve come too far- to do that.

When I moved back to Montana I made myself a promise- that I would never lie about or be ashamed of my thoughts, feelings or beliefs- even when they were unpopular or provocative. I also promised that, as a middle-aged gay man, I would do everything I could to ensure the continued, progressively advancing sense of dignity for all LGBT persons in the state of Montana. I’ve dealt with too many suicidal kids, too many disowned sons and daughters, too many shame-filled, damaged people to trust that politicians will, on their own, work to protect us.

They have to be convinced. And in order to do that, we first have to get their attention.

Looks like we did. Now, until something further is done, I’m voting for the candidate who most represents my views, just as everyone should. I’m against the death penalty, want women to make their own choices about their health, support legal recognition of same-sex relationship recognition/protection, and am a fan of higher education and preserving a clean planet. I want healthcare and insurance companies to be reasonable and efficient- and treat people with mental illness and substance issues with dignity and respect. I want the justice system to be fair to all citizens. I want church and state to be separate. I want the poor and disadvantaged to be given every chance to succeed.

I’m also a big fan of dialog, not diatribe. And dialog is about the expression of opinion, listening and responding accordingly. That’s all I hoped to accomplish. I am not out to derail the Democratic Party- and I will absolutely vote for the Democrat for Governor in the fall. The alternatives are too creepy to think about. I just wanted to be heard on behalf of the thousands of LGBT Montanans in this state- many of whom hold my views.

That’s all.

Now, about that Republican platform plank….

Gay justice supports gay marriage (upi.com)
Governor hopefuls split by party on Schweitzer health clinic plans (billingsgazette.com)
ACLU Asks Montana Supreme Court to Recognize Relationships of Same Sex Couples (dgsmith.org)
Montana’s Last Best Chance (dgsma.wordpress.com)
Steve Bullock Just Lost My Vote (dgsmith.org)
Couple’s Love Inspires A More Equal Montana (dgsma.wordpress.com)
Most governor candidates favor death penalty, oppose abortion and gay marriage (billingsgazette.com)

Steve Bullock Just Lost My Vote

May2 by D Gregory Smith

Here’s why. From an article in Montana’s Lee newspapers on gubernatorial candidates and social issues:

The nine candidates were asked whether they favored changing Montana’s constitution to allow gay couples and lesbian couples to marry.

Miller opposed such a change, noting that 67 percent of Montanans voted in 2004 to say that “only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.”

Hill, Livingston and Lynch, all Republicans, said, “I believe marriage is between one man and one woman.”

Bullock said, “I do not favor changing the constitution but would support legislative measures giving committed same-sex couples the opportunity to be together, free from discrimination.” This would include allowing a person to visit his or her partner in the hospital, he said.

Stapleton said he would oppose amending the constitution for that purpose, adding, “I think it’s healthy we support and cherish the traditional family.”

O’Hara said he would not change the constitution, adding: “I think our constitution adequately protects the lives of Montanans.”

Fanning said the ban on gay marriage should stand: “I believe that the sanctity of the family is the core of our society.”

Standing alone among all candidates, Margolis said it makes simple common sense to change the Montana Constitution to allow gay or lesbian couples to marry or form civil unions.

“The Montana Constitution guarantees fair and equal treatment to all people,” she said. “People should not be discriminated against, including gay and lesbian couples.”

I have to say I’m very disappointed in Steve Bullock. Ironically, he apparently is unaware of the pain and suffering of LGBT persons in his state because of legislative discrimination (including a sodomy law still on the books)- or he’s unwilling to acknowledge us in the face of staying safe and winning votes. Barack Obama, on the other hand, has done some amazing things, like already (2 years ago) extending LGBT partner visitation rights in most hospitals. What has Steve Bullock done for us ~~lately~~ ever? Not much. I’m taking the Bullock sticker off of my car.

At this point, my primary vote is going to Margolis.

Yeah, it’s that important.

Update: My Dissent Explained