Carol SNETSINGER, Nancy Siegel, Carla Grayson, Adrianne Neff, and Pride, Inc., A Montana Non-Profit Corporation, Plaintiffs and Appellants,
v.
MONTANA UNIVERSITY SYSTEM, State of Montana, Richard Crofts, in his official capacity as Commissioner of Higher Education, and Margie Thompson, Ed Jasmin, Lynn Morrison-Hamilton, Christian Hur, John Mercer, Richard Roehm and Mark Semmens, in their official capacities as members of the Board of Regents, Defendants and Respondents.
Supreme Court of Montana.https://leagle.com/images/logo.png
Orally Argued and Submitted November 13, 2003.
Decided December 30, 2004.
Attorney(s) appearing for the Case
Holly Jo Franz (argued), Franz & Driscoll, Helena, Montana, Tamara Lange (argued), American Civil Liberties, New York, New York, Beth Brenneman, ACLU of Montana, Helena, Montana, for Appellants.
LeRoy H. Schramm (argued), Montana University System, Helena, Montana, for Respondents.
James P. Reynolds, Reynolds, Motl and Sherwood, Helena, Montana, for Amicus Curiae Northwest Women's Law Center.
Monte Jewell, Jewell Law Office, Missoula, Montana, for Amicus Curiae Montana Human Rights Network, Outfield Alliance, Rainbow Connection, University Congregational United Church of Christ, Missoula, United Congregational United Church of Christ, Butte, and Flathead Valley United Church of Christ, Kalispell.
Jennifer C. Pizer, Lambda Legal Defense & Education Fund, Los Angeles, California, Debra D. Parker; Mark S. Connell, Connell Law Firm, Missoula, Montana, for Amicus Curiae MEA-MFT.
Joan Jonkel, Kimberly P. Dudik, Attorneys at Law, Missoula, Montana, for Amicus Curiae Women's Law Caucus.
Paul Benjamin Linton, Attorney at Law, Northbrook, Illinois, Lance Lovell, The Lovell Law Firm, Billings, Montana, for Amicus Curiae United Families International.
Michael J. Rieley, Attorney at Law, Helena, Montana, for Amicus Curiae The Montana Catholic Conference.
Jason L. Harkins, Attorney at Law, Billings, Montana, Glen Lavy, Alliance Defense Fund, Scottsdale, Arizona, for Amicus Curiae Focus on the Family and Family Research Council.
Bridgitt Erickson, Attorney at Law, Lincoln, Montana, for Amicus Curiae Members of the Leadership of the 58th Montana Legislature.
Patrick F. Flaherty, Attorney at Law, Great Falls, Montana, Steven W. Fitschen, Attorney at Law, Virginia Beach, Virginia, for Amicus Curiae The National Legal Foundation.
Supreme Court of Montana.
Justice JIM REGNIER delivered the Opinion of the Court.
¶ 1 Appellants filed an action in the First Judicial District Court, Lewis and Clark County, seeking a declaratory judgment that the Montana University System's policy prohibiting employees from receiving dependent insurance coverage for their same-sex domestic partners violates their rights under the Montana Constitution. The Montana University System filed a Motion to Dismiss, which the District Court...
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