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Federal Judge Knocks Down Montana Ban On Same-Sex Marriage

A U.S. District Court declared Montana's ban on same-sex marriage unconstitutional because it violates the equal protections clause of the 14th Amendment. Currently, Judge Brian Morris decision is effective immediately, though the Ninth Circuit Court of Appeals and the U.S. Supreme Court could still issue a stay.

Some felt the ruling was a foregone conclusion, as the Ninth Circuit—which Montana is part of—had already struck down bans in Nevada and Idaho. But Morris also dismissed the state's argument that Baker v. Nelson, a 1971 ruling denying a gay couple the right to wed, was still a valid precedent in light of all the pro-equality cases since then.

Related: An Interactive Map of Marriage Equality In The USA

In his decision, Morris compared Montana to a family, and gay couples to its "precious children":

These families want for their children what all families in Montana want. They want to provide a safe and loving home in which their children have the chance to explore the world in which they live. They want their children to have the chance to discover their place in this world. And they want their children to have the chance to fulfill their highest dreams.

These families, like all of us, want their children to adventure into the world without fear of violence; to achieve all that their talent and perseverance allows without fear of discrimination; and to love themselves so that they can love others.

No family wants to deprive its precious children of the chance to marry the loves of their lives. Montana no longer can deprive Plaintiffs and other same-sex couples of the chance to marry their loves."

Montana's Democratic Governor Steve Bullock praised Morris' ruling, saying it proved the state was "closer to fulfilling our promise of freedom, dignity, and equality for all Montanans,”

Republican Attorney General Tim Fox, however, has already announced his intention to appeal Morris' decision.

h/t: Towleroad

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