Rolando v. Fox
On May 21, 2014, the ACLU of Montana filed a federal lawsuit in Great Falls against state Attorney General Tim Fox, state revenue director Michael Kadas and Fay McWilliams, Cascade County clerk of court, on behalf of four Montana couples who are either unmarried or who have been legally married in another state. The lawsuit challenges the constitutionality of Montana's 2004 discriminatory state constitutional amendment that only respects marriages between one man and one woman, stating that it violates the Fourteenth Amendment's guarantees to equal protection. On July 17, the state of Montana replied to the complaint.
The lead plaintiffs in the case are Angie and Tonya Rolando. Also represented are Shauna and Nicole Goubeaux, Ben Milano and Chase Weinhandl; and Sue Hawthorne and Adel Johnson. "We want Aden to grow up knowing that we are a family like any other family," plaintiff Shauna Goubeaux said of her and wife Nicole's 1-year-old son. "Marriage is part of being a family. By being plaintiffs in this case, we are showing him his mommies will stand up for what is right and stand up for him."
The lawsuit states that the marriage ban denies same-sex couples the freedom and dignity afforded to other Montanans, and denies them the state and federal legal protections that come with marriage.