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Same-sex sexual activity legal? Legal since 1997
(Gryczan v. State) Gender identity/expression Altering sex on birth certificate requires sex reassignment surgery Discrimination protections Sexual orientation and gender identity protected in state employment Recognition of
relationships Same-sex marriage legal Adoption Stepparent adoption legal; No restrictions | ||
Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Montana face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Montana. Same-sex couples and families headed by same-sex couples are not eligible for all of the protections available to opposite-sex married couples.
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Same-sex sexual activity
Montana revised its criminal code in 1973 and retained its anti-sodomy statute. An attempt to repeal the state's sodomy law failed in 1991. The Montana Supreme Court held in Gryczan v. State (1997) that the state law prohibiting same-gender sexual contact between consenting adults was unconstitutional.
An attempt to repeal the statute failed in 2011.
On February 20, 2013, the Montana State Senate passed a bill, by a vote of 38 to 11 vote, that repealed part of the deviate sexual conduct statute dealing with consenting adults. On April 10, 2013, the Montana House of Representatives passed the bill by a vote of 64 to 35 votes. On April 18, 2013, Governor Steve Bullock signed legislation decriminalizing sodomy.
Marriage
A federal court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Judge Brian Morris issued an injunction against the state's enforcement of its ban that took effect immediately. The state's appeal to the Ninth Circuit Court of Appeals was mooted when the U.S. Supreme Court ruled on June 26, 2015 that Ohio's ban on same-sex marriage is unconstitutional, striking down every remaining state ban.
Montana voters had adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a woman. Similar restrictions appeared in the state statutes.
Adoption and parenting
Montana permits adoption by individuals. There are no explicit prohibitions on adoption by same-sex couples or on second-parent adoption by a person of the same sex as the first parent. In Kulstad v. Maniaci, Barbara Maniaci tried to refuse to allow Michelle Kulstad to see the children they'd raised together and had legally been adopted only by Maniaci, but the trial court sided with Kulstad and granted her parental rights. The Montana Supreme Court affirmed this ruling 6-1 on October 7, 2009, setting precedent allowing for future step-parent adoptions by same-sex couples statewide.
Discrimination protection
Montana, by executive order, prohibits discrimination on the bias of sexual orientation and gender identity only in state employment and state (sub)contractors. In 2000, Governor Marc Racicot first issued state personnel rules prohibiting discrimination and harassment on the basis of sexual orientation with respect to employment by state government. In November 2008, Governor Brian Schweitzer issued Executive Order No. 41-2008, broadening state government's non-discrimination provisions. In January 2016, Governor Steve Bullock expanded the protections to cover gender identity and expanded it to state contractors and subcontractors.
On February 23, 2011, the Montana House of Representatives passed, by a 62-37 vote, a bill that would prohibit local municipalities from adopting anti-discrimination policies not protected in the state law. On April 28, 2011, the bill died in the Montana State Senate's Standing Committee.
The following Montana municipalities have ordinances prohibiting discrimination on the basis of sexual orientation and gender identity: Bozeman, Butte, Helena and Missoula, and Missoula County.
Hate crime laws
Montana's hate crimes statute does not cover violence based on sexual orientation or gender identity.