Yahoo! News - Mont. Court: Gays Due Benefits Others Get
HELENA, Mont. - 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.

Activist judge(s) alert! Man the battle stations!