Seven Same Sex Montana Couples Seek Pre-Trial Judgement That They Are Being Discriminated Against By State

The Missoulian reports that attorneys for the seven same sex couples are asking that a Montana judge rule prior to trial that they are being discriminated against by the state because the state does not allow the same rights as married opposite sex couples under Montana’s Constitution. The motion was filed Friday in Lewis and Clark County District Court, the attorneys for the seven same sex couples say they are not seeking to be married, but simply want the same relationship recognition and abilities afforded to opposite sex couples with the status of being married, for example, decision making authority in health care and end of life situations. Betsy Griffing, the legal director of Montana chapter of the American Civil Liberties Union said “The state can’t distinguish or give protections and benefits to one set of couple and deny it to another. With this motion, what we are saying is that we entitled to judgement as a matter of law.” She added that the motion filed Friday is in response to a move to dismiss the lawsuit filed in November by Montana Attorney General Steve Bullock. The motion argued on behalf of the state that spousal benefits are limited to married couples, defined by the Montana Constitution as being between one man and one woman, and that the court does not hold the right to require the state to extend spousal benefits beyond that definition. Griffing counters that they are not trying to change the 2044 constitutional amendment in Montana that bans marriage for same sex couples. They contend that same sex couples are being discriminated against by the state, and that the 400 or so state statues that provide relationship protection need to include same sex relationships, and they want the court to pressure the state to amend those statues. A hearing on the motion is scheduled for January 25th. If the case proceeds to trial, the ACLU expect that to take place in July, 2011, but added that it is likely the case will end up before the Montana Supreme Court sometime before the end of 2012.