Montana’s Attorney General has filed a motion seeking to dismiss a lawsuit aimed at granting same-sex couples the same legal rights as married couples.
Spousal benefits are limited by definition to married couples, and the Montana Constitution defines marriage as being between a man and a woman, said Attorney General Steve Bullock.
The court does not have the authority to require the state to extend spousal benefits beyond that definition, Bullock said in his motion to dismiss.
The suit, Donaldson and Guggenheim v. State of Montana, claims same sex couples are being denied their rights of privacy, dignity and the pursuit of life’s basic necessities as provided for in the Montana Constitution.
Because there is a constitutional amendment in Montana barring same-sex marriage, the couples in the lawsuit are seeking the protection of state-recognized domestic partnerships, similar to those in place in several other states.
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