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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  In Baker, 191 N.W.2d 185, the Minnesota Supreme Court held that a state statute, interpreted
by the Court as not authorizing same-sex marriages, did not violate due process or equal
protection. The U.S. Supreme Court dismissed the subsequent appeal for “want of [a] substantial
federal question.” 409 U.S. at 810. The U.S. Supreme Court’s action in Baker has been
described as binding precedent. Andersen v. King Co., 138 P.3d 963, 999 (Wash. 2006) (citing
to Baker and holding “the same-sex union as a constitutional right argument was so frivolous as
to merit dismissal without further argument by the Supreme Court. A similar result is required
today.”); Morrison v. Sadler, 821 N.E.2d 15, 19 (Ind. App. 2005) (citing to Baker and stating:
“There is binding United States Supreme Court precedent indicating that state bans on same-sex
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¶30    Given this exclusive importance of marriage, the law developed to give it sanction,

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