Federal Judge Strikes Down Montana Gay Marriage Ban

Supporters of Arkansas' law banning same sex marriage, top, hold a rally at the Arkansas state Capitol in Little Rock, Ark., as protestors carry flags and shout Wednesday, Nov. 19, 2014. Challenges to the ban are sch... Supporters of Arkansas' law banning same sex marriage, top, hold a rally at the Arkansas state Capitol in Little Rock, Ark., as protestors carry flags and shout Wednesday, Nov. 19, 2014. Challenges to the ban are scheduled to go before two separate courts Thursday. The state Supreme Court plans to hear oral arguments in a lawsuit over the ban, hours before a federal judge holds a hearing on a separate lawsuit. AP Photo/Danny Johnston) MORE LESS
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HELENA, Mont. (AP) — A federal judge in Montana has overturned the state’s ban on gay marriage.

U.S. District Judge Brian Morris ruled Wednesday that Montana’s constitutional amendment limiting marriage to between a man and a woman violates the Equal Protection Clause of the 14th Amendment to the US Constitution.

The 9th U.S. Circuit Court of Appeals ruled in September that Idaho and Nevada’s bans are unconstitutional. Montana is part of the 9th Circuit, and Morris cited the Circuit Court’s opinion in his ruling.

The move comes after four same-sex couples filed a lawsuit in May challenging Montana’s gay marriage ban.

Morris wrote in his decision that Montana no longer can deprive plaintiffs and other same-sex couples of the chance to marry their loves. He says his ruling is effective immediately.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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  1. Avatar for mantan mantan says:

    Shame Ohio and Kentucky…shame!

  2. There’ll will be some wingnuts sobbing tonight.

  3. Oh, the RWers in MT legislature needed something to keep them whining & meeting in secret in Jorgeson’s basement. This might keep them busy enough to slow down the other damage they are likely planning.

    But my first, honest response to this court decision: Whoopee! We gonna keep getting that equality thing spreading. Either we ALL have the right to state recognized marriage and the protections from same, or NONE of us do.

    Am happy for my LGBT neighbors who want the same protections my husband and I enjoy!

  4. I notice that the judge didn’t stay his decision pending an appeal—because the 9th Circuit would be unlikely to take up the appeal.

    Now if only the 6th Circuit had behaved this responsibly . . . . .

  5. Eat a dick, bigots!

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