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Page: Profile: Wren's Nest News Local
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Article: 11898
[Civil]
Date Posted:
12/30/2004
6:55:01 pm EST
Wvox Stats
Views: 10,202
RSS: 3,128
Comments: 11
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Montana S. Court: Gay Couples Due Same Benefits As Unmarried Opposite-Sex Couples
Author: Susan Gallagher, Associated Press Source: Tampa Bay Online (FL)
Title: MONTANA HIGH COURT: GAY COUPLES DUE SAME BENEFITS AS UNMARRIED OPPOSITE-SEX COUPLES
A divided Montana Supreme Court declared Thursday that the state constitution's guarantee of equal protection extends to gays, and ruled that the state university system must offer same-sex couples the same health benefits available to heterosexual ones.
In a 4-3 decision, the justices struck down the university's policy of denying benefits to employees' gay partners.
The high court said the policy violates the Montana Constitution's guarantee of equal protection because unmarried heterosexual partners could get the benefit by signing a common-law marriage affidavit, while unmarried gay partners could not.
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Community Thoughts: There are 11 comments posted | Reverse Sort |
| Well | Dec 31st. at 11:46:34 pm EST |
by RunsWithweasels (Heading For Planet Cybertron) - wc_xemail
It's a start.
--Weasel
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| A Divided State | Dec 31st. at 2:37:45 pm EST |
by Jamie (Missoula, MT) - wc_xemail
Yes we have a conservative background here in Montana (I know the aformentioned Marc Racicot personally, and I'm not impressed, but that doesn't even begin to describe Judy Martz, another "brilliant" governor) , but we are not a particularly united state. In my highschool we have "diversity week" each year where speakers are invited into the school to voice minority issues - we've had speakers on many topics...including many on gay rights. We have a day of silence in support of LGBT and the Gay-Straight alliance is one of the most outspoken clubs in our school. The newest governor is a democrat, and while not all is certain, I hold out hope that with the children of this state a new thought is growing, and perhaps this is the first manifestation of that though. I'm currently in the Dominican Republic on an exchange, but when I return this summer I plan to continue making my voice heard, and I know that many of my friends are doing so in my absense. Don't write us all off as libertarians until you've talked to us all, and I won't make any judgements on your states.
Until we merry meet again...
~Jamie~
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| I Disagree | Dec 31st. at 1:16:47 pm EST |
by Spiraldancer (Vancouver Canada) - wc_xemail
These steps have to be taken now, they are long overdue and baby steps just won't cut it anymore. Baby steps are for babies, we are adults and we expect to be treated as such.
With gay bashing still a major problem, discrimination of any sort has to be wiped out immediately, nothing less will accepted and is the only way to sort this mess out.
Intolerance breeds intolerance and the sooner we are all on a level playing field the better. The only thing bigots understand is the law coming down full force on their red necks.
Thats my rant and bravo to the Montana S court for its decision.
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| Well | Dec 31st. at 10:17:11 am EST |
by Eri M. (Pittsburgh, PA) - wc_xemail - Web
This is a step in the right direction.
In my opinion, we need to take the gay rights movement slowly. If we automatically grant the rights against the will of the nation, there will be backlash. Wo don't want that. Under any circumstances. This is a step in the right direction. Now lets have another step in short time. We don't like having things shoved down our throat, so lets be neighborly and not shove this down their throat.
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| Some "Libertarian Paradise" | Dec 31st. at 9:16:50 am EST |
by KHC (Boston, MA) - wc_xemail
I lived in Montana for more than 3 decades and it is no one's "libertarian paradise". It is a bastion of good ol' boy conservatives with the VERY occasional burst of left-leaning activity. This decision coming out of the MT court leaves me speechless...and, much as I hate to say it, makes me fear the backlash.
The prevailing political climate is MT is well represented by Marc Racicot, the former MT governor who most recently made headlines as Dubya's campaign manager. Before that he was the RNC Chairman. When Racicot was still a county attorney general he was involved in a case designed by parents of junior high school kids to get the book "Our Bodies, Our Selves" removed from the local curriculum. Racicot went on record during the case as saying "We've genuflected at the altar of 'free speech' for far too long". (No wonder the Dubya camp loves him so) .
Don't get me wrong...I applaud this decision by the MT court. Knowing that state as I do it's very hard for me to believe that this is any kind of turn in the tide.
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| You'd Be Suprised... | Dec 31st. at 12:51:47 am EST |
by Stormcrow (Mobile, AL) - wc_xemail
Look at Montana more in-depth, and I think you'll find that the state is a Libertarian paradise...
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| It's Nice... | Dec 31st. at 12:45:53 am EST |
by Dy (St Paul) - wc_xemail
to see people realizing that all of us need to be treated equally, especially in regions of the country that are not typically known for progressive thought.
It is pretty simple - if benefits to a family are only available through marriage, and some of us are specifically barred from marrying, somthing has to change. If policies are set up for one group of people, and explicitly prohibited for another group of people in nearly the same situation, something has to change.
It's going to take a long time, but I believe that equality for gay folk will come.
Rejoice in each victory, but keep fighting! And let's not forget to thank our straight but not narrow allies! :)
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| Strange | Dec 31st. at 12:43:23 am EST |
by Terry (VA) - wc_xemail
This impresses me as a beyond strange precedent, which invites further litigation.
If unmarried couples are required to sign a common law marriage agreement to share employee benefits, then in effect the state has a policy of only extending such benefits to married couples. About a quarter of states currently recognize common law marriage, with times living together for that to be recognized varying from a few months to about a decade among those states.
Perhaps the court is challenging Montana's gay bashing marriage rights denial amendment. It makes little sense to compare unmarried gay couples to unmarried mixed sex ones, since the state has told the latter they'll only be recognized if they prove a legal marriage (albeit common law in some cases) .
The next logical step in this drama would be for a mixed sex couple denied partner benefits if they refuse to marry or certify an existing common law status to sue for equal protections as gays are now promised. That would trap the court, since it would take an honest Federal court willing to field some controversy to rule the state Constitutional provision against gay marriage invalid. The top state court couldn't rule that provision invalid, and so it would be left either ruling that unmarried partners of any sex deserved equal benefits without any form of marriage, or somehow revisiting the fact that gays are denied benefits now provided only to married couples, in a manner that inherently denies equal protections of law.
What a mess! A bunch of Montana folks must be doing quality control on dental floss. (with due tribute to Frank Zappa & the Mothers)
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| Well...... | Dec 30th. at 9:54:39 pm EST |
by Lunarshadows (New Jersey) - wc_xemail
I must also 'REJOICE' in saying, "A little something is better than nothing!" Just please let me enjoy a little.......
Many Blessings!! :)
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| Um, Not Quite | Dec 30th. at 8:27:14 pm EST |
by Jean Dudley (USA) - wc_xemail - Web
Gay couples do not have the same rights that straight couples do: Namely, to marry in the eyes of the law.
It's virtual equality, at best. Remember, virtual=seeming to be real".
It's not absolute equality. Still, it's another step toward equality.
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| FINALLY..... | Dec 30th. at 7:24:38 pm EST |
by Lunarshadows (New Jersey) - wc_xemail
equality for gay couples!!! It is refreshing to finally read an article that is 'positive' about the homosexual culture, instead of 'bashing' and being denied the necessities in life because of same-sex preference!! I am a straight woman, with many gay/lesbian friends, and I am always finding myself having to 'defend' them, when I feel I shouldn't have to because they are human beings just like everyone else, who deserve to be treated equally, and deserve to be happy!! With all the tragedies that are happening around us, we certainly can use as much 'happiness' as we can get!!
Blessings
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