HELENA — The U.S. Supreme Court’s denial of five states’ appeals against gay marriage is a good sign for those challenging marriage bans in other states, such as Montana, according to an official with the Montana ACLU.
The organization’s legal challenge of Montana’s gay marriage ban should be resolved more quickly now, Montana ACLU Legal Director Jim Taylor said.
“The way these cases are moving, I think we should see a decision soon,” Taylor said. “I could be reading the tea leaves wrong but I don’t think so.”
The nation’s high court on Monday turned away appeals of lower court decisions that allowed same-sex marriages in five states. That’s likely because nearly all the decisions by the lower courts have come down against the bans, Taylor said. The court’s order effectively makes gay marriage legal now in 30 states.
The ACLU challenge of Montana’s constitutional ban is before a U.S. District Court judge after the ACLU and four gay couples filed a lawsuit in May. The lawsuit filed in federal court in Great Falls alleges the state’s constitutional ban denies same-sex couples the freedom and dignity afforded to other Montanans, and robs them of the legal protections and benefits that come with marriage.
Montana voters in 2004 approved a state constitutional amendment providing that only a marriage between one man and one woman was valid or recognized as a marriage in the state.
Montana’s Republican attorney general, Tim Fox, asked a federal court in July to uphold the state’s ban.
Fox spokesman John Barnes said Monday that Fox will continue to defend Montana’s constitution and said it’s Fox’s responsibility.
“We are awaiting a decision from the Ninth Circuit involving marriage laws in Idaho, Hawaii, and Nevada,” Barnes said. “When the Ninth Circuit rules, we anticipate parties in that case will appeal the decision. Today’s news left the door open for the U.S. Supreme Court to consider the issue at a future point.”
Idaho’s ban, which is very similar to Montana’s, is pending before the 9th U.S. Circuit Court of Appeals.
The 9th Circuit Court is expected to give a decision in that case in the coming weeks. Anthony Johnstone, a constitutional law professor and former Montana state solicitor, said he believes the court will decide the Idaho ban is unconstitutional.
“It does seem likely the 9th would reach same results,” Johnstone said.
He said the 9th Circuit Court isn’t likely to break from the pack with its Idaho decision because that court is known to be stricter than others on discrimination matters.