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HELENA- The American Civil Liberties Union is asking the Montana Supreme Court to overturn a lower court decision to dismiss a same-sex domestic partnership case. The ACLU filed the appeal of the Donaldson and Goggenheim vs. State of Montana case on Thursday morning in Helena.

The ACLU filed the case last summer on behalf 7-couples from several Montana cities, representing 14-gay men and lesbian women who are involved in what the agency called "committed, intimate, same-sex relationships" and raising children. The ACLU claimed the state offers "numerous protections, rights and benefits" to "different-sex" couples that aren't available to same-sex couples.

Montana's Constitution doesn't recognize same-sex marriage and state law doesn't provide other provisions like "domestic partnerships" available in some other states. The ACLU wasn't challenging the "marriage amendment" which defines marriage as being "between a man and a woman", but wanted same-sex couples to have the same rights in cases like hospital care and inheritance.

ACLU attorneys used the examples of the seven couples from Missoula, Bozeman, Butte, Helena, Laurel and Basin to try and show examples of how the state law was creating problems in cases of emergency care, insurance, death and even funeral leave.

But in April, Lewis and Clark County District Court Judge Jeffrey Sherlock said it would be an "inappropriate exercise" for his court to rule on an issue that should be worked out through the Legislature.

In the appeal, now involving 6-couples, ACLU is arguing the Montana Constitution guarantees all people, including gay and lesbian couples, should be treated equally and fairly. The agency believes the issues of privacy and equal protection need to be addressed by the Supreme Court.

"The couples we represent knew there might be some bumps along the way, but they are committed to seeing this case through so that they and all same-sex couples and their families can get the protections they need but are currently denied to them in Montana," said ACLU of Montana Legal Director Betsy Griffing. "Our constitution requires that the state treat couples in committed relationships fairly and equally regardless of whether they are same-sex or different-sex couples."

Contact Dennis Bragg