Court rejects gay couples’ request

— The Montana Supreme Court on Monday rejected an “overly broad” request that homosexual couples be guaranteed the same benefits as married couples.

The court wrote in Monday’s 4-3 decision Monday that a lower court was within its discretion when it earlier dismissed the request. But the Supreme Court left the door open for the gay couples to modify their request and try again.

A Helena district court judge dismissed the six couples’ case last year after state prosecutors argued that spousal benefits are limited by definition to married couples. A voter-approved amendment in 2004 defined marriage as between a man and a woman.

District Judge Jeffrey Sherlock based his ruling in part on the state’s marriage amendment and also said that an order to force state lawmakers to write new laws would violate the separation of powers.

The majority justices upheld that decision.

Front Section, Pages 2 on 12/18/2012

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