A portion of Montana’s law against partner or family member assault has been ruled unconstitutional by two judges handling a case in Lincoln County.

According to rulings by both Justice of the Peace Stormy Langston and District Judge James Wheelis, the state’s definition of “partners” relating to partner or family member assault cases violates the Fourteenth Amendment, which guarantees equal protection of laws to everyone.

The law defines partners as “spouses, former spouses, persons who have a child in common, and persons who have been or are currently in a dating or ongoing intimate relationship with a person of the opposite sex.” That “opposite sex” specification eliminates the possibility of appropriate criminal charges in a case in which the couple are homosexual and do not fit any of the other categories in the definition.

“I think, obviously, that it’s an important case given its widespread effect,” Kalispell attorney Timothy Baldwin said.

Baldwin is representing Eureka resident Dale Miller, who is charged with partner or family member assault related to a May 12 incident in which he is alleged to have slapped his girlfriend twice, poked her and tried to choke her to the point that she nearly passed out.

In a July 13 filing, Baldwin argued that the case against Miller should be dismissed because of the unconstitutional definition. Baldwin made that argument despite the fact that the definition does not affect this case, nor has it affected any cases in the state — to his knowledge — since the law was enacted.

Justice Langston found in Miller’s favor, dismissing the case with prejudice, meaning even if the law was changed Miller could not again be charged for the May 12 incident.

“The court does not believe that there is any rational basis for the distinction of ‘opposite sex’ in the partner definition,” Langston wrote in her ruling. “It appears that while the legislature was trying to preserve its traditional and historical views of opposite sex relationships, it instead created a gross flaw in the statute.”

Deputy Lincoln County Attorney Joseph Cik appealed the case in district court, arguing that the unconstitutional definition was severable from the remainder of the law without rendering the entire law ineffective.

Cik’s efforts led to the decision being overturned by Judge Wheelis, who — while agreeing that the definition was unconstitutional — agreed that the case could move forward with the offending language removed.

“Even without a severability clause, the offending words may be excised without transgressing the underlying purpose of the statute, which was to punish and discourage domestic abuse,” Wheelis wrote in his decision.

Wheelis remanded the case back to the Lincoln County Justice Court with the direction that it proceed under the law, modified by striking the words “with a person of the opposite sex.”

“It’s a good example of how the legal process is supposed to work, and hopefully we see some sort of long-term solution out of this whole controversy,” Cik said.

While the rulings will ensure the language is not in effect for cases in Lincoln County, Baldwin and Cik noted that there are only two ways that the actual law will change — if the legislature votes to change it or if the issue was appealed all the way to the Montana Supreme Court and a ruling was issued there.

“It will serve as a restraint on future cases in Lincoln County because, obviously, the county attorney is probably not going to charge these under the statute unless the individuals otherwise meet the definition of ‘intimate partner’ by some other criteria,” Baldwin said.

Miller’s case will now be reset into the next term. If convicted, he faces between one day and one year in prison and a fine of between $100 and $1,000.

According to documents from Lincoln County Justice Court, Miller has previously been convicted of two misdemeanor counts of unlawful transactions with a child as well as misdemeanor counts of theft, disorderly conduct, criminal contempt, assault and negligent endangerment and a felony count of driving under the influence.