This happened yesterday:
Seven committed same-sex couples today filed a lawsuit against the state of Montana for failing to provide legal protections to same-sex couples and their families in violation of the Montana Constitution's rights of privacy, dignity and the pursuit of life's basic necessities and its guarantees of equal protection and due process. The goal of this lawsuit is ensure that same-sex couples are able to protect their families with the same kind of legal protections that opposite-sex couples are offered through marriage.
Because there is a constitutional amendment in Montana barring marriage for same-sex couples, the couples in the lawsuit are seeking the protection of state-recognized domestic partnerships, similar to those in place in several other states.
It's right there in the preamble. "We the people of Montana," it begins, "desiring to improve the quality of life, equality of opportunity and to secure the blessings of liberty for this and future generations do ordain and establish this constitution." If you haven't read Montana's constitution yet, do so. It's elegant and striking.
Like section 3, on "Inalienable Rights." "All persons are born free," states the constitution, "and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways."
Or section 4, on "Individual Dignity," which states simply, "No person shall be denied the equal protection of the laws."
Seems like a slam dunk, doesn't it? And, as Dan Savage notes, this isn't a lawsuit for gay marriage, but for domestic partnership rights:
And there won't be any protest from defenders of marriage because these same-sex couples aren't seeking the right to wed. All they're demanding is that the state of Montana recognize domestic partnerships. So, again, we can expect no protests from the defenders of marriage... right? And if defenders of marriage should protest or attempt to block domestic partnerships for same-sex couples-like they did in Hawaii-all the folks who are constantly urging gays and lesbians to be reasonable and settle for civil unions or domestic partnerships will loudly condemn the defenders of marriage for being unreasonable... right?
We know Savage is being facetious, because Montana conservatives are sure to do some ALCU- and gay-bashing over this lawsuit. You saw what happened when Missoula passed its anti-discrimination ordinance, you see what's going on in Helena over the specter of telling kids that gay parents exist. Heck, right in the GOP platform is a call to outlaw gays.
Still, it's possible the ACLU and the seven couples who initiated the suit will win. And that will be good.
On a personal note, kudos to Missoula's Casey Charles for being one of the litigants. He was a colleague and friend at the university, and I'm not at all surprised at his courage and tenacity here. |
