# Butte Community Union v. Lewis

> Montana Supreme Court · January 16, 1986 · 219 Mont. 426

URL: https://www.frixlaw.com/law-library/cases/9508285

## Case

- **Full name:** BUTTE COMMUNITY UNION, Et Al., Plaintiffs and Respondent, v. DAVE LEWIS, as Director of the Montana State Department of Social and Rehabilitation Services, Defendant and Appellant
- **Court:** Montana Supreme Court
- **Decided:** January 16, 1986
- **Citations:** 219 Mont. 426; 712 P.2d 1309; 1986 Mont. LEXIS 791
- **Precedential status:** Published
- **Opinion:** Concurrence by Sheehy
- **Judges:** Gulbrandson, Harrison, Hunt, Morrison, Sheehy, Turnage, Weber
- **Cited by:** 57 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Superseded on other grounds by Zempel v. Uninsured Employers' Fund, 282 Mont. 424 (1997).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9508285

## How later opinions describe it (automated extraction)

- noting limited application of general standard of intermediate scrutiny—subject legislative discrimination must be “substantially related to an important government interest”—applicable to Fourteenth Amendment equal protection claims not subject to strict scrutiny and variants…
- holding that Montana's constitution does not create a right to welfare

## Opinion text

MR. JUSTICE SHEEHY,
specially concurring:
In addition to my concurrence with the majority opinion, I wish to state some observations.
For the purposes of this case, I am willing to concede that a fundamental right to welfare for the individuals affected does not exist. There is however a constitutionally-mandated duty upon the legislature to provide economic assistance “as may be necessary” for the misfortunate who need the aid of society. Art. XII, Section 3(3). When that duty is shirked by the legislature, upon whatever pretense, the class discriminated against has at least a constitutional right for redress in the courts. I am unable to distinguish the fine line between “fundamental right” for the discriminated class and the constitutional right for redress.
I do not wish to be bound by the statement in the majority opinion that fundamental rights under the Montana Constitution must be found within the Declaration of Rights, Art. II. The Article holds itself open to unenumerated rights which may not be denied to the people. Art. II, Section 34.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9508285. Public record. Not legal advice.