HomeMy WebLinkAboutResolution 4291 Supporting the relief sought by the same sex couples in Donaldson et al. v. State of MontanaCOMMISSION RESOLUTION NO. 4291
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
MONTANA SUPPORTING THE RELIEF SOUGHT BY THE SAME SEX COUPLES IN
DONALDSON ET AL. V STATE OF MONTANA, FILED IN THE MONTANA FIRST
JUDICIAL COURT, LEWIS AND CLARK COUNTY.
WHEREAS, fourteen individuals (seven couples) in committed, intimate, and long term
same -sex relationships, including a lesbian couple and a gay couple working andf'or residing in
the City of Bozeman, have brought suit to be afforded the same statutory and constitutional
rights and obligations that are accessible to different-sex couples through the legal status of
marriage, and
WHEREAS, under current Montana law same-sex couples cannot obtain the significant
relationship and family protections and obligations automatically provided to similarly situated
different-sex couples who marry, and
WHEREAS, although the "marriage amendment" in the Montana Constitution (Art.
V111, Sect, 7) precludes same sex marriages it does not preclude same sex couples from having
the same fundamental rights of equal protection, individual dignity, privacy, due process and the
pursuit of life's basic necessities guaranteed to all Montanans under the Montana Constitution's
Declaration of Rights, and
WHEREAS, same sex couples are denied the basic legal rights of different sex couples
to succession of property upon the death of a spouse, employment rights, tax benefits, health
insurance, rights to visitation in the event of illness, health care decisions, fish and game law
licensing, and many more, and
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WHEREAS, the City of Bozeman is a political subdivision of the State of Montana, and
WHEREAS, the City of Bozeman has already recognized the constitutionality of equal
treatment for same sex couples and has passed resolutions requiring equal treatment regardless of
sexual orientation in its own personnel practices and by those with whom it contracts for goods
and services, and
WHEREAS, of the seven couples, two are same sex couples working and/or residing in
the City of Bozeman,
NOW THEREFORE BE IT RESOLVED, that the City Commission and the Mayor
support the relief sought by the same sex couples in Donalclson et al. i% State of'Alontana, filed
in the Montana First Judicial Court, Lewis and Clark County.
NOW FURTHER, BE IT RESOLVED, that the City Clerk forward signed copies of
this resolution to the Attorney General and Governor of the State of Montana, the Gallatin
County Legislators, and the Speaker of the Montana State House and the President of the Senate.
B0
ATTe 0 .
KRAUSS
0
GqG SULLIVAN
City Attorney
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