Montana Supreme Court rejects Equal Benefits case

montanaThe Montana State Supreme Court upheld a lower court’s ruling that gay “domestic partners” are not entitled to the same benefits as those of straight married couples.

The court wrote in Monday’s 4-3 decision the request was “overly broad” and sided with a lower court’s decision last year to dismiss the lawsuit. But the Supreme Court left the door open for the couples to modify their request and try again.

The couples are not asking to for the right to marry. Instead, they argue the state is constitutionally required to let them make the same decisions about their families’ health care and finances as married couples.The state has argued that spousal benefits are limited by definition to married couples. It argues that any decision to expand them needs to be made by the Legislature. – The Associated Press.

The court also wrote gay couples want the courts to intervene “without identifying a specific statute or statutes that impose the discrimination they allege.” The good news is, we can try again with a more detailed plan. However, when the offense is generalized, why can’t the solution be as simple as “Now all domestic partners can have these benefits?”

Click here to go to the ACLU page with the case details.


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