ACLU Asks Montana Supreme Court to Grant Legal Protection to Same Sex Couples
Domestic Partnership Recognition Is Necessary to Uphold Montana Constitution’s Right to Fair Treatment for All
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HELENA, MT — The American Civil Liberties Union filed an appeal late yesterday of a Montana District Court decision dismissing the same-sex domestic partnership case, Donaldson and Guggenheim v. State of Montana, to the Montana Supreme Court. The appeal argues that the Montana Constitution guarantees fair and equal treatment to all people, including gay and lesbian couples.
“This case is about treating people fairly and humanely,” said plaintiff Jan Donaldson, a Helena nurse who has been with her partner, pediatric neurologist Mary Anne Guggenheim, for 27 years. “Mary Anne and I have appreciated the support we’ve received from fellow Montanans who understand that all families need to be able to take care of each other. We just want the dignity of having our committed partnership recognized as worthy of those legal protections.”
U.S. Census numbers released over the summer show 2,295 Montana same-sex households. Without recognition of domestic partnerships, these couples are vulnerable when they need bereavement leave, face the illness or death of their partner or are presented with any other situation in which their lack of legally recognized status puts them in a position where a married husband or wife would be protected.
The plaintiffs in the case have faced just this kind of discrimination. When Guggenheim had a hip replacement, the doctor would not speak to Donaldson without a release. Denise Boettcher of Laurel was denied bereavement leave when her partner Kellie Gibson’s father died. Mary Leslie of Bozeman lost her home because she was ineligible for worker's compensation death benefits when her partner was killed in an accident.
“Anyone who works and pays taxes should be treated equally and fairly by our state. When two people are in a committed relationship, they should be eligible for benefits, like filing a joint tax return, regardless of whether they are a same-sex couple or a different-sex couple,” said Jennifer Giuttari, interim legal director for the ACLU of Montana.
Additional information about the case, biographies of the plaintiffs and links to videos of the plaintiffs can be found at www.aclu.org/lgbt-rights/donaldson-and-guggenheim-v-montana