GayMarriageBanOverturnedMTNov2014

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Judge Overturns Montana’sGay Marriage BanCouples can wed immediately, judge saysBY LISA BAUMANN, ASSOCIATED PRESS // NOV 19, 2014 // AP STORY, LATESTHEADLINES, NEWS & FEATURES

HELENA — A federal judge on Wednesday overturned the stategay marriage ban in Montana, one of the last states to continuedefending its ban despite rulings in favor of same-sex marriagefrom appeals courts that oversee them.

At least two counties — Missoula and Park — started issuingmarriage licenses to gay couples soon after, while court clerkselsewhere in the state geared up to do so Thursday.

U.S. District Judge Brian Morris ruled Montana’s constitutionalamendment limiting marriage to a man and a woman violatesthe 14th Amendment’s Equal Protection Clause.

“This Court recognizes thatnot everyone will celebratethis outcome,” Morris wrote.“This decision overturns aMontana Constitutionalamendment approved by thevoters of Montana. Yet theUnited States Constitutionexists to protect disfavored

minorities from the will of the majority.”

Montana’s Republican attorney general, Tim Fox, vowed toappeal but said he wouldn’t ask the state to block marriages inthe meantime.

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“It is the attorney general’s sworn duty to uphold and defendMontana’s constitution until such time as there is no furtherreview or no appeal can be made in a court of law,” Fox said inan email to The Associated Press.

Park County issued its first same-sex marriage license hoursafter the ruling. The couple plans to return to the countycourthouse Thursday to be married by state district judge, Clerkof Court June Little said.

Among the first Montana couples to get their licenses were AmyWagner, 56, and Karen Langebeck, 48, of Livingston who havebeen together for 22 years.

Wagner said they have been closely following the news about theissue. After hearing about the ruling at 2 p.m. Montana time,they got on the road to get their license. “Being able to getmarried and introduce Karen as my wife — that’s a big deal. NowI have a way to describe this relationship that everybodyunderstands,” Wagner said.

The couple plan to return to Park County District Court onThursday to get married by a judge.

At least one other gay couple got a license in Missoula County,Clerk of Court Shirley Faust said.

In Montana’s most populous county, Yellowstone, the clerk ofdistrict court said she expects her office to start issuing marriagelicenses to same-sex couples Thursday morning.

“We’re ready to go,” Kristie Lee Boelter said. “For my office,nothing will be different than any other day.”

Also Thursday, the ACLU plans celebrations at countycourthouses in Billings, Bozeman, Butte, Great Falls, Helena andMissoula. The group will have officiants there for couples whowish to marry immediately, ACLU spokeswoman Amy Cannatasaid.

The 9th U.S. Circuit Court of Appeals ruled in September thatIdaho and Nevada’s bans are unconstitutional. Montana is partof the 9th Circuit, and Morris cited the appeals court’s opinion inhis ruling.

“The time has come for Montana to follow all the other stateswithin the Ninth Circuit and recognize that laws that ban same-sex marriage violate the constitutional right of same-sex couplesto equal protection of the laws,” he wrote.

Four same-sex couples filed a lawsuit in May challengingMontana’s ban. The plaintiffs included Angie and TonyaRolando.

“Calling Tonya my partner, my significant other, my girlfriend,my perpetual fiancée has never done justice to our relationship,”Angie Rolando said. “Love won today.”

The couple said they plan obtain a wedding license as soon astheir courthouse opens Thursday.

Another plaintiff, Chase Weinhandl, said he couldn’t be happierabout the ruling.

“It’s a perfect clear day in Bozeman and an amazing day overall.This is awesome,” he said.

Montana and two other states, Kansas and South Carolina,continued their legal fight against same-sex marriage despiterulings from federal appeals courts that oversee them thatconcluded gay and lesbian couples have the right to wed.

In South Carolina, a judge issued the first gay marriage licensesand a couple was wed Wednesday, even as the state attorneygeneral asked the U.S. Supreme Court to step in and block theunions.

Before Wednesday, same-sex couples could marry in 32 states,parts of Kansas and Missouri, and the District of Columbia.

Montana Gov. Steve Bullock said in a statement he hasinstructed his administration to quickly take the appropriatesteps to ensure legally married same-sex couples are recognized

During his visit, FDR was adopted by the tribe and given the name “Lone Chief” #Montana #History (2/2) pic.twitter.com/03pgVGJcZn

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In 1934, FDR became the only sitting president to ever visit the Blackfeet Reservation #History

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and afforded the same rights and responsibilities that marriedMontanans enjoy.

Voters in the state in 2004 approved a constitutionalamendment banning gay marriage. Such bans have fallenaround the country since the Supreme Court last year struckdown part of the federal Defense of Marriage Act.

Republican Rep. Steve Daines was the sole member of the state’scongressional delegation to express disappointment in theruling, saying an “unelected federal judge” had ignoredMontanans’ wishes.

“I strongly believe in marriage as the union of one man and onewoman and will continue working to defend the family,” Dainessaid in a statement.

Reactions to Wednesday’s decision:— Montana Gov. Steve Bullock:“Today’s decision ensures we are closer to fulfilling ourpromise of freedom, dignity, and equality for all Montanans.It is a day to celebrate our progress, while recognizing thequalities that bind us as Montanans: a desire to make agood life for ourselves and our families, while providinggreater opportunities to the next generation.“I have instructed my administration to quickly take allappropriate steps to ensure that we are recognizing andaffording the same rights and responsibilities to legallymarried same-sex couples that all married Montanans havelong enjoyed.”— Montana Attorney General Tim Fox“It is the attorney general’s sworn duty to uphold anddefend Montana’s constitution until such time as there is nofurther review or no appeal can be made in a court of law.Fulfilling that duty, the state of Montana will appeal thisruling in light of the fact that there are conflicting federalcourt decisions and no final word from the U.S. SupremeCourt.”— U.S. Rep. Steve Daines, R­Mont:

“I respect the decision made by the people of Montana, andam disappointed that an unelected federal judge hasignored Montanans’ voice in our state’s marriage laws. Istrongly believe in marriage as the union of one man andone woman and will continue working to defend the family.”— U.S. Sen. Jon Tester, D­Mont.:“I applaud today’s ruling,” Tester said in a statement. “Italigns our laws with our values and is a big step forward forour state. Denying same-sex couples the right to marrydenies them happiness and equal protection under the law.”— U.S. Sen. John Walsh, D­Mont.:“Throughout my 36 years of service in the military, as Lt.Governor, and now as U.S. Senator, I’ve been proud to fightfor our freedoms. Today’s overdue court ruling reflects ourMontana values of individual freedom, fairness andequality. I believe every Montanan — our sons, daughters,friends and family — should live free of discrimination.”— ACLU of Montana legal director Jim Taylor:“This case is about equality and basic fairness,” Taylor said.“The courts have recognized that there is no legitimate basison which to deny the right to marry to committed same-sexcouples. All Montanans have an equal right to the legalprotections and respect that marriage brings. This rulingtakes that constitutional principle of equal protection andmakes it a reality in Montana.”—Montana Family Foundation President JeffLaszloffy:“While we’re disappointed in the decision, we will notdespair, we will not throw in the towel and we will not giveup. Laws may change, but the definition of marriage as aunion between a man and a woman is timeless.”