The U.S. state of Montana has recognized same-sex marriage since a federal court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. It had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country, mooting any remaining appeals.
Marriage
Statute
In 1997, the Montana Legislature passed a ban on same-sex marriage and any "contractual relationship entered into for the purpose of achieving a civil relationship."
Constitution
On November 2, 2004, Montana voters approved Initiative 96, a state initiated constitutional amendment that prohibited the recognition of same-sex marriage, as well as anything "identical or substantially similar to marital status" in the state of Montana.
Lawsuits
''Rolando v. Fox''
Four same-sex couples represented by the ACLU and local attorneys filed a lawsuit in federal court in Great Falls on May 21, 2014, challenging the Montana Constitution's definition of marriage as the union of one man and one woman and related statutes. The plaintiffs in the suit, Rolando v. Fox', include three couples who married in Hawaii, Iowa, and Washington, respectively. A fourth couple, Angela and Tonya Rolando, were denied a marriage license by the Cascade CountyClerk of Court. Governor Steve Bullock expressed support for the plaintiffs. Attorney General Tim Fox defended the state. On October 15, citing the recent decision of the Ninth Circuit Court of Appeals in Latta v. Otter, which ended bans on same-sex marriage in Idaho and Nevada, the plaintiffs asked the court for summary judgment. Their brief compared the texts of Montana's ban with those of Idaho and Nevada and used the Latta decision to counter the state's arguments. U.S. District Court JudgeBrian Morris ruled for the plaintiffs on November 19, 2014, and his injunction against the state's enforcement of its ban on same-sex marriage took effect immediately. Attorney General Fox announced plans to appeal the decision to the Ninth Circuit Court of Appeals. At the request of all parties, the Ninth Circuit suspended proceedings in the state's appeal on February 9, 2015, pending action by the Supreme Court in Obergefell v. Hodges.
''Donaldson v. State of Montana''
In July 2010, seven same-sex couples in Montana filed a lawsuit against the state. The suit contended that even with the ban on same-sex marriage, the State Constitution's guarantees of privacy, dignity, and the pursuit of life's basic necessities and its guarantees of equal protection and due process require the state to offer same-sex couples the same rights and protections it offers to different-sex couples through marriage. A state District Court heard arguments in January 2011 in the case, Donaldson v. State of Montana. The city ofBozeman backed their suit. The Court ruled against the plaintiffs on April 19, 2011, and the plaintiffs, represented by the American Civil Liberties Union 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. 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 were challenging.
Statistics
436 same-sex couples married in Montana in the first year after the state's same-sex marriage ban was struck down.
Domestic partnerships
The Montana Supreme Court in Snetsinger v. Montana University System 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. Montana has provided benefits to same-sex partners of state employees since 2005. In 2009, a domestic partnership bill was proposed. The domestic partnership bill would have provided for basic rights such as hospital access for one's partner and joint property ownership. The bill was swiftly killed in the Legislature.
On April 3, 2003, the Missoula County commissioners approved of a domestic partnership registry for the county. It went into effect on July 1, 2003.
Missoula
On July 15, 2013, the Missoula City Council unanimously approved of a domestic partnership registry for the city. The registry went into effect on October 1, 2013.
