HELENA — Advocates for same-sex couples say their case seeking legal domestic partnership recognition in Montana will be helped by a U.S. Supreme Court decision on a related issue, while opponents lauded the high court decision for not changing anything in state law.
The Supreme Court on Wednesday struck down a provision of the federal Defense of Marriage Act denying federal benefits to married gay couples and cleared the way for the resumption of same-sex marriage in California.
Advocates suing the state to establish a registry of domestic partnerships for same-sex couples say much of the reasoning in the high court case will buoy their arguments, even if the decision did not alter Montana’s constitutional definition of marriage as being between a man and a woman or directly affect any of the state’s laws.
“I think it is still going to be important for us to keep pushing for recognition,” said Niki Zupanic, a lawyer with the ACLU of Montana.
Her organization is suing the state in an ongoing case that the Montana Supreme Court returned to a lower court after last year rejecting an “overly broad” request that gay couples be guaranteed the same benefits as married couples. The Montana gay couples are seeking inheritance, joint tax and other legal benefits given to domestic partners who aren’t legally married.
In 2004, voters approved a change to the Montana Constitution to define marriage as between a man and a woman.
Gay marriage opponents lauded the high court for not interfering directly with state laws.
“The bottom line is that I think today we won and the debate continues,” said Jeff Laszloffy, with the Montana Family Foundation.
University of Montana law professor Anthony Johnstone, who used to work in the attorney general’s office defending state laws, said the high court decision opens the possibility that courts could later recognize a constitutional right to gay marriage for gay couples. He said dissenting justices argued the majority opinion opened the door to that possibility.
Gov. Steve Bullock lauded the decision, along with U.S. Sens. Jon Tester and Max Baucus, all Democrats. Both Tester and Baucus have stated support for gay marriage rights.
“The federal government has no place telling Americans who they can love and who they can marry,” Tester said in a statement.