MONTANA: Gov Signs Anti-Bullying Bill

Via the Associated Press:

It took more than 10 years, several proposals and countless stories from young people who have suffered, but on Tuesday, Montana joined every other state in the nation with an anti-bullying law. Democratic Gov. Steve Bullock signed the Bully Free Montana Act at Jefferson Elementary School in Helena. Bill sponsor Rep. Kim Dudik, Superintendent of Public Instruction Denise Juneau, students and their families joined Bullock for the signing of House Bill 284. "I am pleased that Montana will finally have a bullying-prevention law," Bullock said. "All too often, we've heard bullying is just a part of growing up. ... We know that isn't the case. (Students) just don't have to put up with that type of behavior."

(Tipped by JMG reader Mike)

15 AGs To Supreme Court: Same-Sex Marriage Will Cause Incalculable Damage

The attorneys general of fifteen states have filed an amicus brief with the Supreme Court in which they predictably argue that a ruling in favor of same-sex marriage will "irretrievably" destroy their right to self-government. From the brief: 

The Constitution takes no sides on same-sex marriage, and therefore leaves the issue up to the free deliberations of state citizens. The fact that Americans have reached different conclusions about this novel question is not a sign of a constitutional crisis that requires correction by this Court. It is rather a sign that our Constitution is working as it should. In our federal system, this issue must be resolved by the "formation of consensus" at the state level. To resolve it instead through federal judicial decree would demean the democratic process, marginalize the views of millions of Americans, and do incalculable damage to our civic life in this country.

While the brief cites Loving several times and acknowledges that there are "constitutional guarantees" on the equal application of marriage laws, somehow those guarantees do not apply to LGBT Americans.

MONTANA: License To Discriminate Ballot Measure Tabled After Deadlocked Vote

Politics USA reports:

After a heated floor debate, the Montana House failed to pass a “religious freedom” bill, deadlocking on a 50-50 vote, effectively defeating House Bill 615 on Friday. H.B. 615, sponsored by Rep. Karl Glimm (R-Kila), would have placed a legislative referendum on the November 2016 ballot that, if approved by voters, would have legalized discrimination, if it was based on a person’s religious beliefs. The vote fell mostly on party lines, with all 41 Democrats voting NAY, compared to 50 Republicans who voted YEA, with 9 Republicans joining the Democrats, in voting against the measure. The debate on the House Floor was impassioned, with Democrats raising a number of objections to the legislation. Rep. Margie MacDonald (D-Billings) hoisted up a copy of The White Man’s Bible, a White Nationalist religious text, for the racist Church of the Creator (COTC), arguing that the language in the bill would essentially legalize anything done in the name of a religious belief system.

Montana Gov. Steve Bullock: "What's happening in Indiana is something that shouldn't be happening in Montana. We don't need laws like that imported into our state." (Tipped by JMG reader Bison)

Headline Of The Day

Via the Associated Press:

A Montana lawmaker is seeking to strengthen the state’s indecent exposure law, stopping just short of his wish to outlaw yoga pants. Rep. David Moore on Tuesday introduced House Bill 365 in the House Judiciary Committee in response to a group of naked bicyclists who rolled through Missoula in August. The proposal would expand indecent exposure law to include any nipple exposure, including men’s, and any garment that “gives the appearance or simulates” a person’s buttocks, genitals, pelvic area or female nipple. The Republican from Missoula said tight-fitting beige clothing could be considered indecent exposure under his proposal. “Yoga pants should be illegal in public anyway,” Moore said after the hearing.

Matt Baume: Marriage News Watch

Clip recap:

We picked up three states with marriage this week. But in one of those states, some clerks are refusing to issue licenses. Alabama's attorneys are using a discredited anti-gay researcher to build a case for banning marriage. And we have more bad news for what's left of the National Organization for Marriage.

MONTANA: County Allows Staff To Refuse Marriage Licenses Over Religious Beliefs

Via Montana's CBS affiliate:

A few clerks in Yellowstone County have decided not to issue marriage licenses to same-sex couples because of their religious beliefs. The county anticipated the ruling and the human resources department had told Clerk of District Court Kristie Boelter that employees can choose not to issue marriage licenses for religious reasons. The County cited Title VII of the 1964 Civil Rights Act. Part of Title VII states "It shall be an unlawful employment practice for an employer to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin..." Boelter said 20 clerks work in her department and the opting out was not a problem. She says one clerk cited religion and four others said same sex marriage went against their morals and values. However, Boelter said morals and values do not apply to Title VII. While individuals can decide to not issue licenses, she said it is her duty to uphold the law.

Yellowstone is Montana's most-populous county and is home to Billings, the largest city in the state. (Tipped by JMG reader CM)

Celebration In Montana

(Via JMG reader Sam)

MONTANA: Marriages Commence

Same-sex marriage technically began late yesterday afternoon in Montana after a federal judge struck down that state's ban. But the true rush to clerks' offices begins today.

Gay couples were expected to line up for marriage licenses Thursday at county courthouses across Montana after a federal judge tossed out the state's ban on same-sex marriage. At least two counties — Missoula and Park — started issuing marriage licenses to gay couples Wednesday, while court clerks elsewhere geared up to do so Thursday. Among the first Montana couples to get their licenses on Wednesday were Amy Wagner, 56, and Karen Langebeck, 48, of Livingston, who have been together for 22 years. After hearing about the ruling at 2 p.m. MST, they got on the road to get their license. "Being able to get married and introduce Karen as my wife — that's a big deal. Now I have a way to describe this relationship that everybody understands," Wagner said. In Montana's most populous county, Yellowstone, the clerk of the district court said her office is ready to issue licenses. "For my office, nothing will be different than any other day," Kristie Lee Boelter said. Also Thursday, the American Civil Liberties Union will hold celebrations at county courthouses in Billings, Bozeman, Butte, Great Falls, Helena and Missoula. The group will provide officiants for couples who wish to marry immediately, ACLU spokeswoman Amy Cannata said.

Montana Attorney General Tim Fox declared yesterday that he will appeal the ruling, but said that he will not seek to block marriages during that process.

UPDATE: The Billings Gazette is live-blogging the action at the courthouse. Hit the link for happy, happy photos.

Tweet Of The Day - Ellen DeGeneres

Ellen has 34 million Twitter followers.

MONTANA: Local Haters Have The Sadz

"I am heartbroken for the people of Montana who have had the redefinition of marriage forced on them by an out-of-control federal judiciary. I am also grieved for the children of same-sex couples who have no chance of growing up with a mom and a dad. While we mourn the direction of a misguided judiciary, we’re encouraged by the fact that natural marriage was enshrined in 31 state Constitutions, and a recent Pew poll showed that support for same-sex marriage has dropped by 5% in the past 3 months. While the courts believe same-sex marriage is a settled issue, it’s anything but settled in the hearts and minds of the people. While we’re disappointed in the decision, we will not despair, we will not throw in the towel and we will not give up. As Cicero once said, 'Time obliterates the fictions of opinion and confirms the decisions of nature.'" - Jeff Laszloffy, head of the Montana Family Foundation.

MONTANA: AG Tim Fox Vows To Appeal

"It is the attorney general’s sworn duty to uphold and defend Montana’s constitution until such time as there is no further review or no appeal can be made in a court of law. Fulfilling that duty, the state of Montana will appeal this ruling in light of the fact that there are conflicting federal court decisions and no final word from the U.S. Supreme Court." - Montana Attorney General Tim Fox (R), via press release. In a defense brief filed ten days ago, Fox compared same-sex marriage to incest and polygamy.

Montana's Governor Has The Gladz

"Today’s decision ensures we are closer to fulfilling our promise of freedom, dignity, and equality for all Montanans. It is a day to celebrate our progress, while recognizing the qualities that bind us as Montanans: a desire to make a good life for ourselves and our families, while providing greater opportunities to the next generation. I have instructed my administration to quickly take all appropriate steps to ensure that we are recognizing and affording the same rights and responsibilities to legally married same-sex couples that all married Montanans have long enjoyed." -  Montana Gov. Steve Bullock (D), via press release.

NOTE: Montana Attorney General Tim Fox is a Republican and will likely pursue appeals.

Montana Joins The Sapphire States

Big Sky Country has already turned our favorite shade of blue, thanks to our sort of in-house Wikipedia marriage map monitor. Now we wait for the usual GOP flailing. Is this state #34 or can we not yet fully count Kansas?

BREAKING: Montana! Montana! Montana!

Read the ruling.

The Court hereby DECLARES that Montana’s laws that ban same-sex marriage, including Article XIII, section 7 of the Montana Constitution, and Montana Code Annotated section 40-1-103 and section 40-1-401, violate Plaintiffs’ rights to equal protection of the laws as guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the United States 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 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.

BOOM!

MONTANA: Federal Judge Cancels Gay Marriage Hearing, Will Likely Rule Shortly

Via the Bozeman Daily Chronicle:

A U.S. District Court judge has vacated a hearing in a lawsuit filed by four couples who seek to overturn Montana’s ban on same-sex marriage. Judge Brian Morris had originally set a hearing for federal court in Great Falls on Thursday, Nov. 20, after the plaintiffs' lawyers filed a motion for summary judgement in their lawsuit to strike down the state’s constitutional ban on same-sex marriage. However, Morris vacated the hearing a week before it was scheduled and will rule on the plaintiffs' motion based on the court documents already submitted. my Cannatta, communications director for the American Civil Liberties Union of Montana, said Morris asked both the plaintiffs, who are represented by the state’s ACLU legal director, as well as the state, if the hearing was necessary. Four couples, including Bozeman’s Ben Milano and Chase Weinhandl, filed the suit in May.

Montana is the last of the Ninth Circuit states to fall in line. Will they beat Mississippi to the party?

RELATED: Last week GOP Montana Attorney General Tim Fox filed a brief which compares gay marriage to incest and polygamy and make the usual tired procreation argument.

MONTANA: AG Tim Fox Fights On

Montana Attorney General Tim Fox is continuing to defend his state's ban on same-sex marriage with a response brief that compares gay nuptials to incest and polygamy. The brief also makes the usual blah-blah procreation argument, but primarily focuses on the level of scrutiny issue. Dig into the full brief at Equality Case Files.

MONTANA: Republican Steve Daines Wins Seat Held by Retiring Sen. John Walsh

Walsh was appointed to replace Democratic Sen. Max Baucus, who retired earlier this year before the end of his term. Walsh then dropped out of the race after plagiarism charges resulted in the revocation of his master's degree. State Rep. Amanda Curtis was then chosen to run in Walsh's place. Another Senate pickup for the GOP.

Editorial Of The Day

From Montana's Great Falls Tribune:

One after another, federal appeals courts, including the 9th Circuit that covers Montana, have thrown out gay marriage bans in other states, and Montana’s position will be overturned. Why? Because that stance discriminates against gays, lesbians and others. It is unfair to these folks, regardless of some Americans who disapprove of their sexual orientation. The issue of homosexuality and marriage was easier to deal with when some researchers and, frankly, charlatans tried to prove that people could be cured of their gay nature. In recent decades, science indicates that sexual orientation is more likely to be based in a person’s genetic makeup.

U.S. District Judge Brian Morris will hear arguments Nov. 20 on a motion for summary judgment in a case filed this spring by four gay couples. We’d like to see [AG Tim] Fox at that hearing accept the inevitable and agree with the motion. It’s time for the state of Montana to quit wasting taxpayers’ money and to accept gay marriage in Montana, even if churches can go their own way on this matter. Some people still want to make political points with this issue, but we say, it’s too late for that. It’s all over. Montana law should allow people committed to each other, whether straight or gay, to make their relationship legal and lasting.

(Tipped by JMG reader Sarah)

Matt Baume: Marriage News Watch

Clip recap: "The number of states with marriage has gone up yet again this week. Only a handful of states are still trying to defend their marriage bans, and they're quickly running out of ways to delay their inevitable loss. A straight couple in Kansas has filed a new anti-gay lawsuit, and it's nuts. A federal judge just ruled against the freedom to marry, but his decision has virtually no chance of being upheld. Plus, there's a powerful new lawsuit in Mississippi."

MONTANA: Court Sets November 20th Date For Immediate Marriage Hearing

Montana and South Carolina are fighting to be the last state to fall after the huge victories of two weeks ago.