State v. D. Theeler
2016 Mont. LEXIS 1019
| Mont. | 2016Background
- In Sept. 2012 Donald Theeler was arrested for assaulting his girlfriend and charged in justice court under Montana's Partner or Family Member Assault (PFMA) statute, § 45-5-206 (2011).
- The 2011 definition of “partners” included only persons in an intimate relationship "with a person of the opposite sex."
- Theeler moved to dismiss arguing the statute violated equal protection by excluding same-sex relationships; the justice court denied the motion and convicted him; the district court affirmed.
- The Montana Supreme Court accepted that the 2011 definition was facially discriminatory and violated equal protection as underinclusive.
- The Legislature in 2013 removed the phrase "with a person of the opposite sex" from the statute; the Court examined severability and remedial options.
Issues
| Issue | Theeler's Argument | State's Argument | Held |
|---|---|---|---|
| Whether § 45-5-206(2)(b)’s definition of “partners” violated equal protection | Theeler: statute facially discriminates by excluding same-sex partners; fails rational basis because sexual orientation is unrelated to protecting victims or punishing abusers | State: statute does not result in unequal treatment for equal protection purposes (and later legislative amendment cured the problem) | Court: agreed the 2011 definition violated equal protection but affirmed conviction by severing the unconstitutional phrase rather than invalidating the statute |
| Proper remedy for an underinclusive criminal statute | Theeler: conviction should be reversed because statute was constitutionally defective as applied | State: severability/interpretation can preserve the statute’s enforcement against the defendant | Court: remedial severance (striking the exclusion) is appropriate; statute remains enforceable and conviction stands |
Key Cases Cited
- Snetsinger v. Montana Univ. Sys., 325 Mont. 148 (2004) (Montana equal protection precedent cited by Theeler)
- Gryczan v. State, 283 Mont. 433 (1997) (Montana precedent on sexual-orientation equal protection issues)
- Sheehy v. Public Employees Retirement Div., 262 Mont. 129 (1993) (severability principle in Montana statutory analysis)
- Lawrence v. Texas, 539 U.S. 558 (2003) (substantive due process and decriminalization of private sexual conduct)
- United States v. Windsor, 570 U.S. 744 (2013) (federal recognition of unequal treatment of same-sex couples)
- Obergefell v. Hodges, 576 U.S. 644 (2015) (same-sex marriage and equal protection/constitutional recognition)
- Jackson v. United States, 390 U.S. 570 (1968) (severability applied in criminal context)
- Ayotte v. Planned Parenthood, 546 U.S. 320 (2006) (remedy principles: avoid nullifying more legislation than necessary; respect legislative intent)
- Skinner v. Oklahoma, 316 U.S. 535 (1942) (criminal defendants’ constitutional protections cited regarding severability context)
- Orr v. Orr, 440 U.S. 268 (1979) (severability and unequal enforcement do not necessarily mandate voiding statute)