ISSUES  > Family and Marriage
 
Montana  
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State Information

Government Website: http://www.state.mt.us/

Outline of State Law
Current Status of Law Concerning Marriage and Date of Passage 1997 - State Law Passed  2004 - Constitutional Amendment 
State Law Prohibits/Voids Same Sex/Same Gender Marriage yes  no 
State Law Defines Marriage between a Man and a Woman yes  yes 
State Law Denies Recognition of Same-Sex Marriages Solemnized in Other States no  no 
State Law States that Same Sex Marriage is not Aligned with State Public Policy yes  no 
State Law Defines "Spouse" as Referring Only to a Person of the Opposite Sex Who is Married as Husband or Wife no  no 

Statutory Provision

Montana Code Annotated 40-1-401. Prohibited marriages -- contracts. (1) The following marriages are prohibited: ?.a marriage between persons of the same sex.

Constitutional Provision

Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

Current Legislative Activity

  • The legislature is not in session this year.

U.S. Senators
US Senators and their Comments on FMA

Max Baucus, Democrat
http://baucus.senate.gov/
This senator voted for the federal DOMA in 1996 but against the Marriage Protection Amendment in 2004 and 2006.

Jon Tester, Democrat
http://tester.senate.gov/
This senator was elected in 2006, therefore was not present to vote on the federal DOMA or the Marriage Protection Amendments.

State Public Policy Organizations Working on Marriage Issues

Montana Family Foundation



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