ACLU | Gay Rights | Montana | News

Montana Attorney General Requests Dismissal of Gay Rights Lawsuit

Montana Back in July I posted about a lawsuit brought by the ACLU and seven same-sex couples in Montana, seeking the same rights as heterosexual married couples in the state. 

The state's attorney general today filed a motion for dismissal:

"Spousal benefits are limited by definition to married couples, and the Montana constitution defines marriage as being between a man and a woman, Attorney General Steve Bullock said. The court does not have the jurisdiction to require the state to extend spousal benefits beyond that definition, Bullock said in a motion to dismiss the case. "Courts may not exercise the power to enact laws and revise, alter or amend the constitution," Bullock said. Such policymaking power belongs to the Legislature and the people of the state, he added. District Judge Jeffrey Sherlock has set a Jan. 25 hearing on Bullock's motion to dismiss the case."

Feed This post's comment feed

Comments

  1. The courts certainly have the power to declare that the state constitution violates the federal constitution. They can't just put anything they want in there.

    Posted by: Steve | Nov 10, 2010 6:55:13 PM


  2. This AG needs to go back to law school and get a better handle on the division of powers in this country.

    Posted by: tooboot | Nov 10, 2010 8:01:36 PM


  3. Translation: This here's Montana. We are free to discriminate because we're not part of the Ew Nighted States! Ya hear, boy?

    How about dismissing the AG instead of the suit?

    Posted by: Craig | Nov 10, 2010 8:51:18 PM


  4. This is both completely not shocking, considering how backward those state "leaders" are, and at the same time so infuriating. Leave it to the ignorant people in charge to keep on pushing for evil and injustice.

    Much love to the couples!!! Fight on!!

    Posted by: X | Nov 10, 2010 9:01:41 PM


  5. Then we need to tell the Montana Attorney General if you cant be inclusive to LGBT people and stand against injustice, we'd rather have a Republican.

    Posted by: Matt Munson | Nov 10, 2010 10:10:03 PM


  6. Backward AG and pols in general, and backward lawsuit filed by backward gay couple in Montana. If someone in Monatana knew what rights were would the world spin off of it's axis? I know they think it would, but would it? I have many doubts these days.

    Next time you want to challenge a states constitution against a bunch of corrupt cunts like those running Montana, get a little background in oh, I dunno. Reason? Logic? maybe a little legal history? Fuck...when do we who carry out the gay agenda get to yank the licenses of our incompetent members?

    Posted by: SeriouslySick | Nov 10, 2010 11:54:14 PM


  7. You know why nobody likes to live in Montana?
    Stupid people live there. You should see them when
    they come to Spokane, to stupid to learn how to drive
    there own cars. They should stay in the woods.

    Posted by: barney | Nov 11, 2010 12:10:38 AM


  8. It worries and saddens me to know that people in authority positions are so blind and uncaring. When will we be able to live together and respect each other?

    Posted by: PrivatZone | Nov 11, 2010 5:49:03 PM


  9. @Barney: I live in Montana, and I'm not stupid, and I can definitely use the word "there" correctly. So eat a bowl of dicks.

    Posted by: Sissy Spaceship | Nov 11, 2010 7:47:28 PM


  10. As a Family Law attorney in California, this issue has been asked quite often as well-especially since until recently same-sex couples were allowed to get married.

    Posted by: Family Law Attorney San Diego - Child Custody and Divorce Lawyer San Diego Chula Vista | Jun 1, 2011 12:18:05 PM


Post a comment







Trending


« «DOJ Asks the Supreme Court to Let it Keep Enforcing DADT« «