Donaldson v. State
Montana Supreme Court
1ConcurrenceJustice Rice
¶16 I join in the Court’s decision affirming the District Court. I agree with the Court and the District Court that the remedy sought in Plaintiffs’ prayer for relief-that the court issue an order requiring the State to offer Plaintiffs “a legal status and statutory structure that confers the protections and obligations that the State provides to different-sex couples who marry”-is overly broad and not justiciable. Opinion, ¶ 8. Further, I have no objection to remanding the case to allow Plaintiffs an opportunity to amend their pleadings to start the case anew. Opinion, ¶¶ 12-13. This is the…
2Cases cited33 opinions
- Turner v. SafleySupreme Court of the United States · 1987
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Meyer v. NebraskaSupreme Court of the United States · 1923
- Boddie v. ConnecticutSupreme Court of the United States · 1971
- Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993
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