By Matt Gouras
Associated Press
HELENA, Mont. (AP) — A Montana judge last week rejected a lawsuit that sought to extend to gay couples the same legal protections as married couples, saying in his decision that he can’t grant the benefits partly because of the state’s voter-approved constitutional definition of marriage as between a man and a woman.
Last year, the American Civil Liberties Union filed the lawsuit on behalf of the gay couples, arguing that the guarantees in the Montana Constitution of equal protection, privacy and dignity should require the state to afford the legal rights to the gay couples.
The ACLU said it plans to appeal the case to the Montana Supreme Court.
The gay couples weren’t asking for the right in the lawsuit to marry, which the Montana Constitution defines as between a man and a woman. Rather they wanted to be able to make burial, health care and other decisions, while enjoying such benefits as jointly filing taxes.
The attorney general’s office has countered in court that Montana can’t extend spousal benefits to gay couples because those benefits are limited to married couples by definition since Montana voters in 2004 approved the marriage amendment.
The state argued in court that the Legislature is free to create a new, separate class for couples regardless of sexual orientation.
It argued such a policy choice should be made by the state, and not the courts.
District Judge Jeffrey Sherlock noted in a decision dated Tuesday that the state government grants its gay employees the same employment-related benefits for their same-sex partners.
And he pointed out that the Montana Supreme Court has previously decided that that the state university system’s past policy of barring such benefits to gay employees violated the equal protection provisions of the Montana Constitution.
But the new case sought to go farther.
Sherlock pointed to similar cases in Vermont and New Jersey that successfully ordered the states to allow the common benefits and protections of marriage to gay couples, even if they are not allowed to get legally married.
But Sherlock said neither state had a constitutional marriage provision like Montana.
The judge said, despite sympathy for the plaintiffs, that it would be an inappropriate breach of separation of powers for him to order the Legislature to enact “a domestic partnership or civil union arrangement” as sought by the gay couples.
He said forcing the lawmakers to draw up new laws goes much farther than asking him to declare one of their statutes unconstitutional.
“This court finds plaintiffs’ proposal, although appealing, to be unprecedented and uncharted in Montana law,” Sherlock wrote.
Sherlock said the marriage amendment alone wouldn’t prevent the court from extending the relief, but he argued it does play into his decision that the “requested relief constitutes an impermissible sojourn into the powers of the legislative branch.”
Sherlock said the information provided voters deciding the state’s amendment defining marriage as between a man and woman were told by both sides that it went beyond just a legal designation.
“Thus, it appears that both the proponents and opponents of CI-96 felt that that constitutional provision bore on some of the very issues now presented to this court.”
The ACLU argues that the marriage amendment does not preclude other rights.
Because Obama failed to talk about core values such as equality, access, and justice, he lost the rhetorical battle and the heart of why people deserve access to health care, he said.
Students have various opinions about health care, and lively debate is encouraged.
“What’s important is that you raise their analytical abilities,” said Hammer. “What I get the most pleasure from is that by the end of the class, you have an incredibly sophisticated policy discussion going on that didn’t happen at the beginning. What I care about is that they understand how the system works and that I’ve been able to help them get the skills to take a complicated problem and think about it in a sophisticated way.”
Hammer said he’s honored to serve as director of The Keith Center. When it opens in October, the 10,000-square-foot building will promote civil rights at a site that includes a lecture hall, clinic and meeting spaces, conference rooms, and an exhibit area.
“It’s a wonderful opportunity to focus on Detroit and the state of Michigan, and to turn my energies to concerns that are closer to home,” said Hammer, whose international work has focused on serving Cambodia’s poor.
Speaking from his office in the Federal Building in downtown Detroit, Judge Keith said Hammer is doing a great job at the center.
“He’s carrying on the mission of the center, which is equal justice for all,” said Keith. “He knows our problems and wants the center to be in the forefront of protecting the rights of all Americans.”
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