Same-Sex Benefits Case Goes to Montana's High Court
In March, the ACLU appealed Snetsinger v. State of Montana to the Montana Supreme Court. The appeal seeks to overturn a lower court's ruling that the Montana University System can continue denying benefits to same-sex partners of University System employees.
Originally filed in 2002, Snetsinger accuses the Montana University System of violating Montana's Constitution by not making benefits like health insurance available to same-sex partners. After the lawsuit was filed, two lesbian couples who are plaintiffs in the lawsuit were targets of anti-gay hate crimes. Both couples received letters reading "Die Dykes" that claimed to contain anthrax. Four days after the lawsuit was filed, the home of one couple was torched by arson.
In November 2002, District Court Judge Thomas Honzel threw out the lawsuit. He ruled that the University System's policy was constitutional, because it was based on the state's definition of marriage, not sexual orientation. He also stated that extending the benefits is an issue for the Montana Legislature.
In appealing the District Court's ruling, the ACLU argues that the case is about equal pay for equal work. Health insurance and other benefits make up the overall compensation package an employee receives. Employees who are gays and lesbians should not be denied equal compensation, especially when non-married heterosexual couples can file an affidavit of common-law marriage and receive the benefits. The ACLU also states that the University System's policy boils down to the state morally condemning gays and lesbians, which violates the constitutional rights of human dignity, privacy, and the pursuit of life's basic necessities.
MEA-MFT, a union representing teachers and other public employees, has supported the ACLU's appeal. The union also believes the lawsuit is about equal pay for equal work. The union said that the Montana University System has not offered a good reason for using marriage as the standard for offering benefits.
"In this case, the state university system has chosen to deny lesbian and gay employees equal benefits," MEA-MFT stated. "It has done so by selecting criteria for access to those benefits that categorically exclude every lesbian or gay Montanan."