Polygamist lawsuit met with motion for dismissal

by Simone DeAlba

10-20-2015

BILLINGS - A Billings-area family looking to have its polygamous marriage legalized has reached yet another road bump on the way to the altar.

Nathan Collier and his partners, Vicki and Christine, applied for the right to marry under the Marriage Equality Act. After first having their request for a marriage license denied in June, their attempt to make a case in federal court has potentially reached a dead end.

The Colliers argument: You can not have marriage equality while excluding polygamist unions. 

According to court documents, the state of Montana disagrees.

Last week state officials joined together, filing a joint motion to dismiss the Colliers lawsuit because they believe they have not proven they are facing a "credible threat of prosecution."

The lawsuit the Collier's filed in U.S. District Court names as defendants Montana Attorney General Tim Fox, Gov. Steve Bullock, Yellowstone County Attorney Scott Twito, and Clerk of Yellowstone County District Court Kristie Lee Boelter. 

In the motion to dismiss, court documents state that the Collier's challenge the constitutionality of Montana's criminal bigamy laws, but failed to challenge the marriage license denial.

Collier and the women state in the lawsuit they are seeking their due process rights, which are protected under the 14th Amendment regarding individual dignity and autonomy, including choices defining personal identity and beliefs.

Documents also say the couple faces no credible threat of prosecution, and thus have no standing in court.

Nathan Collier said Monday he is disappointed that the defendants have moved to dismiss the case without hearing it.

"This fight is long from over. They've made the request from the courts to dismiss the case, it has yet to be heard from a judge," said Collier. "It's bad enough that they would deny us our right to simply exist as a family, but what they're doing now, they are seeking to deny us due process and take away the only means by which we have to pursue legal legitimacy."

The trio said that they are not trying to redefine marriage. Rather, they are focused internally on their own family unit, and want their union recognized by law. Again, this is a motion for dismissal, the couple says it plan to fight the motion, and hopes to have their case heard in court.

Source: KTVQ