Donaldson v. State of Montana, 2012 MT 288 (2012)

Citation: Donaldson v. State of Montana, 2012 MT 288 (2012)
Parent Document: Donaldson v. State of Montana, 2012 MT 288 (2012)
Jurisdiction: Montana (state)
Effective Date: 2012-12-17
Original Source: https://www.courtlistener.com/opinion/889962/donaldson-v-state-of-montana/ ↗

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  While not all heterosexual couples have the ability or desire to procreate and raise children, the
jurisprudence is premised upon the potential of producing children which lies within the
marriage structure and the state’s interest, as stated here, in “encourag[ing]” these outcomes.
Citizens for Equal Protec., 455 F.3d at 868. “The fundamental right to marriage and its ensuing
benefits are conferred on opposite-sex couples not because of a distinction between whether
various opposite-sex couples actually procreate, but rather because of the possibility of
procreation.” Conaway, 932 A.2d at 633.
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for child rearing—refutes any claim that policies designed to promote marriage are

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