Montana
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| LGBT rights in Montana | |
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 Montana (US) |
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| Same-sex sexual activity legal? | Legal since 1997 |
| Recognition of relationships |
No |
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Restrictions:
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Same-sex marriage banned by the state constitution |
| Adoption | No |
| Discrimination protections | No |
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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[edit] Laws against homosexuality
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.[1]
An attempt to repeal the statute failed in 2011.[2] On April 18, 2013, Governor Steve Bullock signed legislation decriminalizing sodomy.[3]
[edit] Recognition of same-sex relationships
Montana voters adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a women.[4] Similar restrictions appear in the state statutes as well.[5]
The Montana Supreme Court in Snetsinger v. Montana University System (2004) ruled that the state university's policy of denying insurance coverage to same-sex domestic partners of its gay and lesbian employees violated the state constitution's equal protection requirements.[6] Montana has provided benefits to same-sex partners of state employees since 2005.[7]
A state District Court heard arguments in January 2011 in the case of Donaldson v. State of Montana on behalf of several same-sex couples who want the court to order the state to establish some legal status other than marriage that will enable them to control and share decisions about their families' health care, inheritance, burial, and other issues.[8] The city of Bozeman backed their suit.[9] The Court ruled against the plaintiffs on April 19, 2011,[10] and the plaintiffs, represented by the American Civil Liberties Union (ACLU) appealed that decision to the Montana Supreme Court on August 4, arguing that the marriage amendment does not preclude providing rights other than the name "marriage" to same-sex couples.[11] On December 17, 2012, that court in a 4-3 decision denied the plaintiffs request to find Montana's entire "statutory scheme" unconstitutional, but invited them to renew their suit in District Court by specifying the statutes they are challenging.[12]
[edit] 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. Neither have court rulings provided guidance on those questions.[13]
[edit] Discrimination protection
No provision of Montana law addresses discrimination on the bases of sexual orientation or gender identity.[14]
The city of Missoula adopted an anti-discrimination statute covering both sexual orientation and gender identity in 2010.[15]
[edit] Hate crime laws
Montana's hate crimes statute does not cover violence based on sexual orientation or gender identity.[16]
[edit] MAP Equality Map
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[edit] Organizations
[edit] LGBT organizations
[edit] HIV/AIDS organizations
[edit] Anti-LGBT Industry
[edit] References
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- ↑ Jason Pierceson, Courts, Liberalism, and Rights: Gay Law and Politics in the United States and Canada (Temple University Press, 2005), 83-5, available online, accessed April 14, 2011
- ↑ Billings Gazette: Charles S. Johnson, "Montana House refuses to blast gay sex ban bill out of committee," March 29, 2011, accessed April 14, 2011
- ↑ "Montana axes obsolete sodomy law". San Diego Gay & Lesbian News. April 19, 2013. Retrieved May 18, 2013.
- ↑ CNN: 2004 Ballot Measures, accessed April 14, 2011
- ↑ Human Resources Campaign: Montana Marriage/Relationship Recognition Law, accessed April 14, 2011
- ↑ Justia.com: Snetsinger v. Montana University System, accessed April 25, 2011
- ↑ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
- ↑ Billings Gazette: "Gay couples argue for same rights as wedded people," January 25, 2011, accessed April 14, 2011
- ↑ KTVM: "Bozeman Commission Backs Same-Sex Couples," September 27, 2010, accessed April 14, 2011
- ↑ Independent Record (Helena): Matt Gouras, "Judge rules against gay couples seeking rights," April 21, 2011, accessed April 21, 2011
- ↑ KTVM.com: Lauren Maschmedt, "ACLU Takes Same-Sex Case To State Supreme Court," August 4, 2011, accessed August 4, 2011
- ↑ Geidner, Chris (December 17, 2012). "Montana Supreme Court Rejects Broad Equal Benefits Claim By Gay Couples". Buzz Feed. Retrieved December 17, 2012.
- ↑ Human Resources Campaign: Montana Adoption Law, accessed April 14, 2011
- ↑ Human Resources Campaign: Montana Non-Discrimination Law, accessed April 14, 2011
- ↑ Missoulian: Keila Szpaler, "Missoula City Council makes history in adopting non-discrimination law," April 14, 2010, accessed April 14, 2011
- ↑ Human Resources Campaign: Montana Hate Crimes Law, accessed April 14, 2011
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