APA and the Montana Psychological Association files Amicus Brief in Donaldson and Guggenheim v. Montana
Six same-sex couples seek a ruling that they are entitled to the same protections, rights, and benefits as different-sex couples who are married under Montana law. APA, with the Montana Psychological Association, has filed an amicus brief in the case. Because Montana has adopted a constitutional amendment defining marriage as between a man and a woman, this case does not challenge that amendment but rather seeks a finding under the state constitution’s other provisions, such as its guarantees of equal protection and privacy, that denial to same-sex couples of the rights and benefits that accrue to married different-sex couples is unconstitutional. This is a test case for what may be a new wave of civil rights cases for same-sex couples in those states where recognition of marriage has been barred for same-sex couples but equal protection and other rights accrue from other parts of the state constitution.