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Breaking: Federal Judge Rules Montana’s Same-Sex Marriage Ban Unconstitutional

A federal judge has just struck down Montana’s ban on same-sex marriage.

U.S. District Court Judge Brian Morris has just overturned Montana’s same-sex marriage ban. Unlike many other judges in same-sex marriage cases, Morris has not stayed his ruling and couples can begin marrying immediately.

“These families want for their children what all families in Montana want,” Morris’ ruling in Rolando v. Fox reads. “They want to provide a safe and loving home in which their children have the chance to explore the world in which they live. They want their children to have the chance to discover their place in this world. And they want their children to have the chance to fulfill their highest dreams. These families, like all of us, want their children to adventure into the world without fear of violence; to achieve all that their talent and perseverance allows without fear of discrimination; and to love themselves so that they can love others. No family wants to deprive its precious children of the chance to marry the loves of their lives. Montana no longer can deprive Plaintiffs and other same-sex couples of the chance to marry their loves.”

Judge Morris also notes the controversies surrounding same-sex marriage.

“This Court recognizes that not everyone will celebrate this outcome. 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. Equal protection of the laws will not be achieved through ‘indiscriminate imposition of inequalities.'”

“Our constitutional tradition does not permit laws to single out a certain class of citizens for ‘disfavored legal status,'” he adds.

UPDATE:

Freedom to Marry notes that Montana’s “Attorney General could now appeal to the 9th Circuit Court of Appeals and seek a stay from Judge Morris, but as we’ve seen time and again this month – from the 4th Circuit, from the 9th Circuit, and even from the United States Supreme Court – judges have rejected requests for stays, because there’s no good reason to delay the freedom to marry.”

The Governor of Montana, Steve Bullock, supports the freedom to marry. 

This is the 54th court ruling since June 2013 in favor of the freedom to marry. Just four courts – most notably, the U.S. Court of Appeals for the 6th Circuit – have upheld marriage discrimination. Plaintiffs from the 6th Circuit cases, out of Kentucky, Michigan, Ohio and Tennessee, are now seeking review from that out-of-step ruling from the United States Supreme Court.

 

Image via Wikimedia

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