HELENA, Mont. (AP) - A divided Montana Supreme Court declared Thursday that the state constitution's guarantee of equal protection extends to gays, and ruled that the state university system must offer same-sex couples the same health benefits available to heterosexual ones.
In a 4-3 decision, the justices struck down the university's policy of denying benefits to employees' gay partners.
The high court said the policy violates the Montana Constitution's guarantee of equal protection because unmarried heterosexual partners could get the benefit by signing a common-law marriage affidavit, while unmarried gay partners could not.
The ruling, which reversed a 2002 lower-court decision, did not address the issue of gay marriage, which is barred under the Montana Constitution.
The court found the policy violated equal protection even under the rational basis test. And this was in Montana, which is not usually thought of as a bastion of liberalism. Details here from the AP via FindLaw.com, or read the Court's opinion here.