State’s Arguments in Gay Marriage Case Due Feb. 27

Attorney General Tim Fox says federal judge ignored voters when he overturned gay marriage ban

By Justin Franz

BILLINGS — Opening arguments from Montana’s attorney general are due Feb. 27 in his appeal of a federal court order that struck down the state’s gay marriage ban.

Attorney General Tim Fox says Wednesday’s order from U.S. District Judge Brian Morris ignored the will of Montana voters.

An amendment to the Montana Constitution approved in 2004 by two-thirds of voters defined marriage as between a man and a woman.

Morris’ order said the amendment violated the guarantee of equal protection for all citizens under the U.S. Constitution.

Arguments from plaintiffs represented by the ACLU of Montana are due March 30.

The case is before the 9th U.S. Circuit Court of Appeals.

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