Serving the Flathead Valley & Montana since 2006. A reality based independent journal of observation & analysis. © James Conner.
Ten years ago, by a 2:1 margin, Montana’s voters approved a constitutional amendment defining marriage as a union between one man and one woman, and that only. Yesterday, in Rolando v. Fox, Federal District Judge Brian Morris ruled the voters were wrong; that the amendment violated the equal protection clause of the U.S. Constitution:
The Court PERMANENTLY ENJOINS the State of Montana and its officers, employees, agents, and political subdivisions from enforcing Article XIII, section 7 of the Montana Constitution, Montana Code Annotated section 40-1-103 and section 40-1-401, and any other laws or regulations, to the extent that they Case 4:14-cv-00040-BMM Document 44 Filed 11/19/14 Page 17 of 18 18 prohibit otherwise qualified same-sex couples from marrying in Montana, and to the extent that they do not recognize same-sex marriages validly contracted outside Montana. This injunction shall take effect immediately.
Montana Attorney General Tim Fox says he’ll appeal Morris’ ruling to the Ninth Circuit Court of Appeals. It’s not likely the Ninth will overturn the decision, nor is it likely that the Ninth or the U.S. Supreme Court will put a hold on Morris’ injunction. Same sex couples are already lining up to obtain marriage licenses.
Rolando removes legal obstacles to same sex marriage in Montana. That’s because marriage is a civil matter. But opposition to same sex marriage based on religious and biological arguments will continue. I would not be surprised were Republicans in the Montana Legislature to pass resolutions condemning Judge Morris’ decision. And thundering denunciations of homosexuality and activist judges will issue from many a pulpit this Sunday.