Ms. magazine  -- more than a magazine a movement

SIGN UP FOR MS. DIGEST, JOBS, NEWS AND ALERTS

FEMINIST WIRE NEWSBRIEFS

ABOUT
SEE CURRENT ISSUE
SHOP MS. STORE
MS. IN THE CLASSROOM
FEMINIST DAILY WIRE
FEMINIST RESOURCES
PRESS
JOBS AT MS.
READ BACK ISSUES
CONTACT
RSS (XML)
 
feminist wire | daily newsbriefs

December-18-12

MT Supreme Court Rejects Same-Sex Partner Benefits Case

On Monday, the Montana Supreme Court decided that a case brought by six couples and the ACLU urging the court to extend partnership benefits to same sex couples was too broad and violated separation of powers.

The case, which featured six same sex couples denied rights under various statutes such as bereavement leave, protections in case of divorce, and death benefits, urged the court to recognize the rights of all same sex couples in the state and to change existing statutes to reflect those rights.

In a 4 -3 decision, the MT Supreme Court agreed with the lower court that the case was too broad in scope and that asking the court to change existing statutes violated the separation of powers between the court at the state legislature. The Supreme Court did change the lower court's ruling that the plaintiffs could not amend their case to be more specific.

Montana Supreme Court Justice James Nelson wrote in his dissent, "I have never disagreed more strongly with the Court as I do in this case. With due respect, I believe today's decision... wrongly deprives an abused minority their civil rights." He also challenged the state amendment defining marriage as between a man and a woman, saying "Indeed, a not-too-distant generation of Montanans will consign today's decision, the marriage amendment, and the underlying intolerance to the dustbin of history and to the status of a meaningless, shameful, artifact."

The plaintiffs plan to re-file their case after reviewing the court's decision.

Media Resources: Chicago Times 12/17/12; Huffington Post 12/17/12; KPAX 12/17/12; Wisconsin Gazette 12/17/12


© Feminist Majority Foundation, publisher of Ms. magazine

If you liked this story, consider making a tax-deductible donation to support Ms. magazine.

 

 

Send to a Friend
Their
Your
Comments
(optional)


More Feminist News

7/31/2014 Massachusetts Enacts New Law to Protect Access to Reproductive Health Facilities - Massachusetts Governor Deval Patrick (D) signed into law yesterday a bill to help protect access to reproductive health care facilities in the state. The law, entitled An Act to Promote Public Safety and Protect Access to Reproductive Health Care Facilities, enables a law enforcement official to order the "immediate dispersal of a gathering that substantially impedes access to or departure from an entrance or a driveway to a reproductive health care facility." The order would "remain in place for 8 hours or until the close of business of the reproductive health facility, whichever is earlier," and make noncompliance punishable with a fine or jail time. . . .
 
7/31/2014 First World Day Against Human Trafficking Encourages International Action - The first World Day against Trafficking in Persons took place Wednesday in an effort by the United Nations to bring attention to the continuing need for international support to help trafficking victims and end impunity for perpetrators. Millions of people are still trafficked every year, sold to work in brothels, fields, and sweatshops. . . .
 
7/30/2014 Fifth Circuit Court Rules In Favor Of Mississippi's Last Clinic - Mississippi's last remaining abortion clinic will remain open after a the US Court of Appeals for the Fifth Circuit upheld a preliminary injunction against HB 1390, the Mississippi TRAP (Targeted Regulation of Abortion Providers) law requiring abortion providers to obtain admitting privileges at area hospitals. Had the court not upheld the lower federal's court's injunction, HB 1390 would have shuttered Jackson Women's Health Organization (JWHO), the state's only comprehensive reproductive health center. . . .