Judge legalizes same-sex marriage in Montana
A federal judge struck down Montana’s marriage law today, citing a federal appeals court decision in cases from several other states as his justification.
Montana is part of the 9th U.S. Circuit Court of Appeals, whose judges recently nullified laws in Idaho and Nevada defining marriage as between one man and one woman. Based on the 9th Circuit’s previous rulings, it seems unlikely an appeal from Montana would have any success.
U.S. District Judge Brian Morris ruled Montana's constitutional amendment, passed in 2004, violates the Equal Protection Clause of the 14th Amendment. In his decision, Morris said the state could no longer deny same-sex couples the right to marry the people they loved.
“This court recognizes that not everyone will celebrate this outcome,” Morris wrote. “This decision overturns a Montana Constitutional amendment approved by the voters of Montana. Yet the United States Constitution exists to protect disfavored minorities from the will of the majority.”
Morris declined to stay his ruling, which will take effect immediately.
The Associated Press contributed to this report.
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