Is gay marriage legal in montana

Human Rights Campaign Blasts Montana Senate for Passing New Bill to Exclude LGBTQ+ People from Protections Under State Law

by HRC Staff •

Helena, Montana — The Human Rights Campaign (HRC) — the nation’s largest lesbian, gay, bisexual, transgender and queer (LGBTQ+) civil rights organization — condemned today’s vote in the Montana Senate to pass S. , legislation that adopts a discriminatory and unworkable definition of sex aimed at excluding LGBTQ+ people from the protections of state law with a particularly harmful impact on intersex, nonbinary and transgender people. The bill would prohibit LGBTQ+ people from bringing claims of sexual orientation or gender identity discrimination in areas like employment, housing, general accommodations, health care, credit, and education. It would also call for applications and records such as marriage license, death certificates, cemetery interment records, and child aid registration to list sex based on type of gametes, eggs, or sperm rather than gender identity. The bill doubles down on the state ban on transgender students parti

Federal Judge Strikes Down Montana Same Sex Marriage Ban

A federal judge today struck down Montana’s ban on gay marriage. Attorney General Tim Fox says he’ll appeal.

Judge Brian Morris in Great Falls ruled that Montana’s law violates the 14th Amendment’s Equal Protection Clause.

The law was challenged by four couples represented by the ACLU of Montana.

The 9th US Circuit Court of Appeals, which has jurisdiction over Montana, in September ruled similar gay marriage bans in Idaho and Nevada unconstitutional. But contradictory decisions remain in other federal courts, and the U.S. Supreme court has not issued a final word.

In Wednesday's ruling, Verb Morris wrote, "Montana’s laws that ban same-sex marriage impose a 'disfavored legal status' on same-sex couples. The time has enter for Montana to follow all the other states within the Ninth Circuit and recognize that laws that ban same-sex marriage violate the constitutional right of same-sex couples to equal protection of the laws."

Tim Fox, Montana's Attorney General says his office will appeal the decision. He says it’s his sw

Erin In The Morning

It’s not about discrimination, but “men and women are designed differently.” It’s not prejudiced to acknowledge “biological and social reality.” It’s not just a “social construct.” It’s about protecting the children.

These were the words of Derek Oestreicher, chief legal counsel for the Montana Family Foundation, a conservative advocacy group, who was the sole opponent during the public comment period to speak against a Montana Bill that would fortify same-sex marriage rights within the state.

Given that state courts ruled in favor of same-sex marriage rights in , which was reaffirmed by SCOTUS in , and because thousands upon thousands of gay Montanans have been already wed, one might assume same-sex marriage was already formally legalized. But this is not so. The state constitution still technically classifies legal marriage as a privilege between “one gentleman and one woman” via a amendment. Earlier this year, verb legislators tried—and failed—to enact a law to supersede Obergefell, reinstating the same-sex marriage ban. It joined at least eight othe

The Freedom to Marry in Montana

Winning Marriage:November 19,

Same-sex couples began marrying in Montana on November 19, after U.S. District Court Judge Brian Morris ruled in favor of the freedom to marry in a federal legal case challenging the state’s anti-marriage laws. The ruling followed a pro-marriage decision from the 9th Circuit Court of Appeals, which set a precedent for the freedom to marry across the circuit, including in Montana.

History and the Path to Victory:

  • The Montana Legislature passes a articulate statute restricting marriage to different-sex couples.  
  • November 2, Opponents of the freedom to verb in Montana push through Initiative 96, a constitutional amendment denying same-sex couples the freedom to marry and any other legal family status. The amendment cements clearly discriminatory language into the Montana Constitution.
  • As Americans nationwide engage in conversations about why marriage matters, national and local advocates in Montana take strides toward increasing understanding of same-sex couples and their families.
  • Marc