Scholar Helps Draft Montana Civil Unions Billon January 7th, 2013 at 7:03 pm
Paul Vestal received a scholarship from Pride Foundation last year to help him pursue a career as an attorney. His passion for civil rights issues made him a standout in the highly competitive process. And Paul is already giving back to the community who supported him by drafting a bill to allow civil unions for same-sex couples in Montana. The bill will be introduced during the upcoming Legislature in Helena.
A third year law student at the University of Montana, Paul enrolled in a legislative drafting class last fall. It was taught by David Aronofsky, former University of Montana legal counsel, Mike Halligan, former legislator turned director of the Dennis & Phyllis Washington Foundation, and John Bennion, who serves as counsel to the Montana Chamber of Commerce.
“I went in knowing what I wanted to do,” Paul said. “I decided to go the civil unions route due to our constitutional ban on marriage equality for same sex couples. Even though it may die, I feel something like this should be presented every session. If we are silent, nothing will happen.”
Paul’s good friend and Pride Foundation supporter, Representative Ellie Hill (D-Missoula), is co-sponsoring the bill, along with Pride Foundation Leadership Action Team member and first openly gay man to serve in the Legislature, Representative Bryce Bennett (D-Missoula).
“Equal access to civil unions was not pursued last legislative session, and it probably would not have been introduced this upcoming session, if not for the courage and academic fortitude of Pride Foundation scholar and Montana law student, Paul Vestal,” Hill said.
The Montana Legislature hasn’t seen a civil union bill come up since 2009. Paul is hopeful the “conservative angle” he tried to take in crafting the bill will help give this version a longer life than past efforts.
“It’s not to amend the marriage code,” he explained. “My rationale going into this was to create a new chapter rather than even touching marriage. I tried to stay away from associating it with marriage as much as possible. There’s a bigger tent for folks who support the rights associated with marriage but don’t want to change marriage.”
While this tactic may not please all activists in the movement, Paul says it’s not the liberals and the LGBTQ community that need convincing, it’s the conservatives.
“When we go at it as human rights or gay rights, it falls on deaf ears,” he said. “Opponents of equality know all the arguments at this point. I tried to address how the bill will be aligned with some of their own libertarian beliefs, such as keeping government out of people’s lives, the need for equal property rights, that you can transfer your property to your person. Equal protection is still a big part of it.”
Paul said he also hopes that legislators will see that the writing is on the wall in terms of marriage equality. Passing this bill could pre-empt future challenges, especially if the U.S. Supreme Court decides the so-called Defense of Marriage of Act (DOMA) or Proposition 8 court cases in ways that favor equal marriage rights. For example, Paul wonders what will happen when same sex couples in Missoula drive three hours to Spokane, Washington to get a marriage license. What will that mean for jointly owned property and paying taxes in Montana?
“I would ask [opponents], do you want to be like New Jersey and have equality come down from the court, or do you want to draft a Montana solution that would actually strengthen the ban more because it would give equal access without changing marriage.”
Paul will graduate this spring and hopes to stay in Missoula, where he will continue to be involved in nonprofits and politics, regardless of the type of law he decides to practice. He also is considering working as a lobbyist.