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Montana Supreme Court Considers Groundbreaking Same-Sex Rights Case

Contact: Brad Dacus, President , Pacific Justice Institute, 916-857-6900

HELENA, Montana, Feb. 24 /Standard Newswire/ -- As the battle over gay marriage escalates in California, the Montana Supreme Court is reviewing a case with big implications for traditional marriage and parent-child relationships in Big Sky Country.

Like most states, Montana does not recognize same-sex marriage.  However, after a same-sex relationship between Dr. Barbara Maniaci and Michelle Kulstad fell apart in 2006, a district judge awarded property and even child custody rights to Kulstad, even though Maniaci was the sole owner of the couple's residence and sole legal parent of two adopted children.  Dr. Maniaci has abandoned the lesbian lifestyle and is now married, but the judge ruled it was in the best interests of her children to continue the non-adoptive former lover's involvement in their lives.  Under the court's order, Dr. Maniaci cannot travel more than 100 miles with her children without Kulstad's permission or a court order.  Ms. Kulstad also gets joint decision-making in the children's lives and the ability to claim one as a dependent, as well as custody every Wednesday, every other weekend, summer vacation and Christmas Eve or Christmas--even though she is not t heir legal parent.

Dr. Maniaci's attorneys at the Alliance Defense Fund are now appealing the district court's decision to the Montana Supreme Court.  Recognizing the potential impact of the case, ADF sought amicus briefs from other organizations, including the Pacific Justice Institute.  Having been closely involved with the efforts to preserve traditional marriage in California, PJI was eager to help.  This week, PJI affiliate attorney Pete Lepiscopo filed a legal brief urging the Montana Supreme Court to respect traditional parent-child relationships.

Mr. Lepiscopo, of the San Diego firm Lepiscopo & Morrow, commented, "What is taking place in Montana should be a wake-up call that what happens in California does not stay in California.  The district court's unconstitutional exercise of power to redefine 'parent' will, unless overturned, wreak havoc on this and other families for years to come."

Brad Dacus, President of Pacific Justice Institute, stated, "The battlefront against traditional marriage keeps expanding.  We must be as determined to save marriage as those who will stop at nothing to destroy it."

About The Pacific Justice Institute:  Pacific Justice Institute is a non-profit 501(c)(3) legal defense organization specializing in the defense of religious freedom, parental rights, and other civil liberties. Pacific Justice Institute works diligently, without charge, to provide their clients with all the legal support they need.  Pacific Justice Institute's strategy is to coordinate and oversee large numbers of concurrent court actions through a network of over 1,000 affiliate attorneys nationwide. And, according to former US Attorney General Edwin Meese, "The Institute fills a critical need for those whose civil liberties are threatened." "Through our dedicated attorneys and supporters, we defend the rights of countless individuals, families and churches... without charge."

pacificjustice.org