Thursday, January 17, 2013

Montana Court Rejects Gay Couples' Equal Benefits | Redux

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Montana Court Rejects Gay Couples' Equal Benefits

The Royal Court of Justice in the Strand
The Royal Court of Justice in the Strand by Ben Sutherland
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Excerpt:

The court wrote in Monday's 4-3 decision Monday that a lower court was within its discretion when it earlier dismissed the request. But the Supreme Court left the door open for the gay couples to modify their request and try again. A Helena district court judge dismissed the six couples' case last year after state prosecutors argued that spousal benefits are limited by definition to married couples. A voter-approved amendment in 2004 defined marriage as between a man and a woman. District Judge Jeffrey Sherlock based his ruling in part on the state's marriage amendment and also said that an order to force state lawmakers to write new laws would violate the separation of powers. The majority justices upheld that decision.

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James Goetz

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Jeffrey Sherlock

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Mike Black

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