Montana Justice: Discrimination Against Gays "A Prevalent Societal Cancer Grounded In Bigotry and Hate"

In a well reason, but nonetheless surprising ruling in some ways, the Montana Supreme Court in a 6-1 majority ruling upheld a lower court ruling giving parental rights to a Missoula woman who had been in a 10-year lesbian relationship that included two children legally adopted by the other woman in the partnership. The other woman had left the relationship and married a man, and did not want to grant parental rights to her former lesbian partner. The court ruled that the former partner has a "parental interest" in the children and a right to joint custody. This decision in a "red state" shows that at least some in the judiciary - sadly not in Virginia - are waking up to the fact that LGBT Americans are fully human and entitled to the SAME rights as all other citizens. What is even more amazing is that one justice, James Nelson (pictured above), used his concurring opinion to declare in most uncertain terms what a blight homophobia is on society. Here are highlights from the Missoulian:

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In his specially concurring decision, Nelson denounced discrimination against gays and lesbians as "bigotry" and called it "a prevalent societal cancer grounded in bigotry and hate." "I remain absolutely convinced ... that homosexuals are entitled to enjoy precisely the same civil and natural rights as heterosexuals, as a matter of constitutional law," he wrote.

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Nelson said the case shows that until the courts recognize homosexuals as "equal participants with heterosexuals in our society ... with exactly the same civil and natural rights, lesbian and gay citizens will continue to suffer homophobic discrimination." "Regrettably, this sort of discrimination is both socially acceptable and politically popular," he wrote.

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"Sadly, this case represents yet another instance in which fellow Montanans, who happen to be lesbian or gay, are forced to battle for their fundamental rights to love who they want, to form intimate associations, to form family relationships, and to have and raise children - all elemental, natural rights that are accorded, presumptively and without thought or hesitation, to heterosexuals," Nelson wrote.

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Nelson's comments brought a rebuke from Jeff Laszloffy, president of the Montana Family Foundation, a socially conservative organization that filed legal comments in the case on behalf of the adoptive parent of the two children.8

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Kudos to Justice Nelson. Would that there were more judges and justices on the bench who as clearly understood that equal protection under the law means EQUAL rights and protections. Leave it to the Christo-fascists at an affiliate of Daddy Dobson's foul Focus on the Family to attack Justice Nelson for calling the group and its members what they really are: bigots.