Legal Opinion · Concurrence

Donaldson v. State

Montana Supreme Court

Decided December 17, 2012No. DA 11-0451Published

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

  1. Turner v. SafleySupreme Court of the United States · 1987
  2. Griswold v. ConnecticutSupreme Court of the United States · 1965
  3. Meyer v. NebraskaSupreme Court of the United States · 1923
  4. Boddie v. ConnecticutSupreme Court of the United States · 1971
  5. Federal Communications Commission v. Beach Communications, Inc.Supreme Court of the United States · 1993

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