ACLU to Pursue Lawsuit for Same Sex Couples

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By Lindsey Scheetz

Story Published: Dec 10, 2010 at 11:53 PM MDT

Story Updated: Dec 11, 2010 at 3:44 PM MDT

BILLINGS - The ACLU is moving forward with a lawsuit against the state of Montana demanding same sex couples be granted the same equal protections as married couples. The response comes exactly one month after the state of Montana filed a motion for dismissal in the case.

It all started in July of 2010 when Denise Boettcher and Kellie Gibson of Laurel, along with six other same sex Montana couples filed a joint lawsuit demanding the same legal protections for gay couples given to married ones.

Nearly 4 months later, on November 11th, the state responded to the request recommending the case be dismissed. A spokesperson for Attorney General Steve Bullock said that even if the complainant's claims are true, the state is not required by law to extend spousal benefits to couples who are not legally married. Montana's constitution prohibits same-sex marriage.

Friday, the ACLU responded to the state's argument. "The marriage amendment is really un-related to and does not control that great large scheme of statements that give opposite couples a whole broad array of protections and benefits," ACLU Legal Director Betsy Griffing explained.

Griffing said if the state rules against the same-sex couples, it would be a violation of the state constitution. The ACLU is requesting a district court judge render a summary judgment, without a full trial.

Six of the seven couples remain in the lawsuit. Griffing said this is the first case of its kind in Montana. There have been similar cases heard in Vermont and New Jersey, both ruling in favor of the plaintiffs.

District Court Judge Jeffrey Sherlock is set to decide in January whether the case will go to trial or be dismissed. If he rules for the case to proceed, he can choose to make a summary judgment without a jury or send the case to trial. The trial would then take place in July of 2011.

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kma said on Tuesday, Dec 14 at 3:37 PM

When they say same sex does that include the same sex i have with my goat?well aclu come and save me!

kma said on Monday, Dec 13 at 4:38 PM

DPS you deserve an award and yes you may be the first ram.

DPS said on Monday, Dec 13 at 8:37 AM

Crawl back in your dirty little closets perverts. kma, may I be the best "ram" at your wedding?

Anonymous said on Saturday, Dec 11 at 3:02 PM

ACLU is a bunch of crap

kma said on Saturday, Dec 11 at 2:36 PM

Go back to san francisco they will love you there.Why waste our tax dollars for someting that is stupid and inmoral.These two siver heads need to leave town and find a liberal state to live in.

kma said on Saturday, Dec 11 at 2:33 PM

Here come the worthless liberals that wnt to defend these carpet munchers so they can have it their way.Well if they get their way i want mine i also want the aclu to help me i want equal rights for me i want to marry my goat.

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