ACLU sues for domestic partnerships in Montana

Timothy Kincaid

July 22nd, 2010

In 2004, Montana residents voted by 67% to revise their state constitution to include:

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

However, this amendment does allow for other forms of couple recognition, and the ACLU has now sued the state to provide recognition to same-sex couples.

Seven committed same-sex couples today filed a lawsuit against the state of Montana for failing to provide legal protections to same-sex couples and their families in violation of the Montana Constitution’s rights of privacy, dignity and the pursuit of life’s basic necessities and its guarantees of equal protection and due process. The goal of this lawsuit is ensure that same-sex couples are able to protect their families with the same kind of legal protections that opposite-sex couples are offered through marriage.

Because there is a constitutional amendment in Montana barring marriage for same-sex couples, the couples in the lawsuit are seeking the protection of state-recognized domestic partnerships, similar to those in place in several other states.

Donaldson and Guggenheim v. Montana

Ben in Oakland

July 22nd, 2010

As far as I can tell, the argument now becomes this– and it’s aobut time.

Marriage is the way adults in our society form new families. They get specific rights, privileges, and obligations by signing that particular contract. You are now your family’s repsonsibility, and they yours. Your parents aren’t making the life and death decsions, you husband or wife is.

So why is this easily obtainable contract only available to to people with different genitalia, and not to people with the same genitalia? Why are the children of the former entitled to all of the legal protections that having married parents will allow them, but not the dhildren of the people iwth different genitalia?

This is now how the quesiton needs to be framed.

Ben in Oakland

July 22nd, 2010

I hope that some of these couples have children to maake the point.

Scott

July 22nd, 2010

Children? Yes.

http://www.aclu.org/lgbt-rights/donaldson-and-guggenheim-v-montana-about-plaintiffs

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