James C. Nelson

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Naming it for the evil it is, discrimination on the basis of sexual orientation is an expression of bigotry. And, whether rationalized on the basis of majoritarian morality, partisan ideology, or religious tenets, homophobic discrimination is still bigotry. It cannot be justified; it cannot be legalized; it cannot be constitutionalized ... Lesbian and gay Montanans must not be forced to fight to marry, to raise their children, and to live with the same dignity that is accorded heterosexuals. That lesbian and gay people still must fight for their fundamental rights ... speaks, in unfortunate clarity, of a prevalent societal cancer grounded in bigotry and hate. [5] [6] [7] [8] [9] [10] [11] [12] [13] [14] [15]

In 2010, Nelson wrote the court's unanimous opinion striking down a court rule that had previously prohibited the inclusion of forensic evidence because the medical examiner could not determine the cause of death. Nelson's ruling made it easier for prosecutors to introduce evidence against defendants by discussing past crimes, behaviors, and events. In this particular case, Nelson's ruling enabled prosecutors to bring in evidence of an infant's brain bruising and multiple rib fractures in prosecuting the infant's mother for murder. [16] [17]

Personal life

Nelson and his wife, Chari, have two children, Mary Pat and Jay, and four grandchildren. [2]

See also

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References

  1. 1 2 3 4 5 "Justice James C. Nelson". Courts of Montana. Archived from the original on March 10, 2015. Retrieved April 12, 2011.
  2. 1 2 3 4 5 6 7 8 9 Cary Griffith. "James C. Nelson – Justice, Montana Supreme Court". Law Crossing. Retrieved April 12, 2011.
  3. "President George W. Bush-Campaign Organization". George Washington University. March 25, 2006. Retrieved April 12, 2011.
  4. "Marc Racicot". The Montanan . University of Montana. Winter 2004. Retrieved April 12, 2011.
  5. Michelle Kulstad v. Barbara L. Maniaci, 2009MT326; 352 Mont. 513; 220 P.3d 595 (Kulstad I).
  6. Mike Dennison (October 7, 2009). "Justice Nelson speaks out". Independent Record .
  7. Mike Dennison (October 7, 2009). "High court affirms same-sex partner's rights". Independent Record .
  8. "Justice: Discrimination against gays "a prevalent societal cancer grounded in bigotry and hate"". Missoulian . October 7, 2009.
  9. Neal Broverman (October 8, 2009). "Montana Court Stands Up for Gays". The Advocate .
  10. "Montana Supreme Court's Amazing Adoption Decision: Gays Are Equal Under the Law". Queerty . October 7, 2009.
  11. "Montana High Court Affirms Rights Of Lesbian Parent And Her Children" (Press release). American Civil Liberties Union. October 7, 2009.
  12. Amy Beth Hanson/Associated Press (October 7, 2009). "Montana Supreme Court Upholds Parental Rights in Same-Sex Case". Family Equality Council.
  13. Kilian Melloy (October 9, 2009). "Montana Judge Upholds Parental Rights of Woman's Female Ex, Denounces Homophobia". EDGEBoston.
  14. Nancy Polikoff (October 7, 2009). "Montana Supreme Court protects children with two same-sex parents". The Bilerico Project.
  15. Arthur S. Leonard (October 8, 2009). "Montana Supreme Court Affirms Parental Rights and Property Settlement for Lesbian Co-Parent". Rainbow Zine.
  16. Jodi Hausen (December 16, 2010). "Murder trial gets second life with Montana Supreme Court ruling". Bozeman Daily Chronicle .
  17. "Montana Supreme Court allows prosecution of woman accused of killing infant daughter". Missoulian . Associated Press. December 16, 2010.
James Nelson
Associate Justice of the Montana Supreme Court
In office
May 1993 December 31, 2012
Legal offices
Preceded by Justice of the Montana Supreme Court
May 1993–2012
Succeeded by