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Snetsinger v. Montana University System12/30/2004
Orally Argued and Submitted: November 13, 2003
Appellants filed an action in the First Judicial District Court, Lewis and Clark County, seeking a declaratory judgment that the Montana University System's policy prohibiting employees from receiving dependent insurance coverage for their same-sex domestic partners violates their rights under the Montana Constitution. The Montana University System filed a Motion to Dismiss, which the District Court granted.
The sole issue raised on appeal is whether the Montana University System's policy prohibiting gay employees from receiving insurance coverage for their same-sex domestic partners violates their rights under the Montana Constitution.
We reverse the District Court.
BACKGROUND
Carol Snetsinger and Nancy Siegel are same-sex domestic partners, as are Carla Grayson and Adrianne Neff. Snetsinger and Grayson are employees of the Montana University System, but their domestic partners, Siegel and Neff, are not. Snetsinger, Siegel, Grayson, and Neff, along with PRIDE, Inc., a non-profit organization of lesbian, gay, bisexual and transgender Montanans and their supporters, filed an action in the District Court challenging the University System's policy prohibiting same-sex domestic partners of gay employees from purchasing dependent benefits.
Snetsinger and Siegal consider themselves married and hold themselves out to their families and their community as a couple in a committed, marital relationship. They have stated they would marry if legally permitted to do so. They own their home together in joint tenancy with rights of survivorship, have a joint checking account and share all living expenses. Likewise, Grayson and Neff consider themselves married and hold themselves out as such. They own their home together, share living expenses and are raising a child together.
As a benefit of employment, the University System provides a group health insurance plan for its employees and their dependents. The University System pays the premium for the employee; if the employee would like coverage for any dependents, the employee must pay an additional premium. The University System's policy defines dependent eligibility. It states:
An eligible employee . . . may enroll the following dependents in the Plan.
1. Spouse -A lawful spouse as defined in Montana law. See 26-1-602, 40-1301, and 40-1-311 MCA. A Declaration of Common-Law Spouse form may be obtained from the campus payroll/personnel office and must be used if a common-law spouse is to be enrolled in the Plan.
2. Child(ren) -An unmarried dependent child under age 19.
3. Student -An unmarried student under age 25, who is a dependent of the employee and/or spouse and dependent on the employee and/or spouse for support and maintenance, and whose time is principally devoted to the attendance of a school or college. The Claims Administrator may periodically require the submission of proof that student status is maintained.
Snetsinger and Grayson are not permitted to enroll their same-sex domestic partners because they are not "dependents" as defined by the University System's policy. They argue the policy impermissibly discriminates against them based on their sex, sexual orientation and marital status and violates their rights to equal protection and dignity provided by Article II, Section 4, the right to privacy provided by Article II, Section 10, and the rights to pursue life's basic necessities and to seek safety, health and happiness provided by Article II, Section 3, of the Montana Constitution because the policy does not extend coverage to same-sex dom
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