Lambda Legal: Montana

Montana

Relationship Recognition Information

Statewide Relationship Recognition
no	Licenses marriages for same-sex couples.
no	Honors marriages of same-sex couples from other jurisdictions.
no	Relationship recognition for same-sex couples: None.

2004 The state’s Constitution is amended to say “Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.” See Montana Constititution, Article XIII § 7.
1997 Montana prohibits marriage between same-sex couples by statute. See Montana Annotated Code § 40-1-103 and § 40-1-401.

Employment Information

Statewide Employment Protections
no	Private employment protections based on sexual orientation.
no	Private employment protections based on gender identity.
yes	Public (state) employment protections based on sexual orientation.
-	Public (state) employment protections based on gender identity.

See Montana Nondiscrimination-EEO Rules, 2.21.4001 et seq.

Parenting Information

Statewide Parenting Laws
Who May Adopt	Unmarried adult or, generally, married persons petitioning jointly. Mont. Code 42-1-106.
Second Parent Adoptions	Not yet permitted.
Notes	Uncertain climate. State supreme court struck down statute prohibiting same-sex “deviate sexual relations” in 1997. Gryczan v. Montana, 942 P.2d 112 (Mont. 1997).

Documents Related to Montana