Sex Laws of Montana

http://leg.mt.gov/bills/mca_toc/index.htm

Last update:   9/7/2014

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November 2, 2004: An amendment is put on the ballot to ban same-sex marriage. 67% of voters supported it. Cfr Montana Initiative 96 (2004)

Texts :

Montana Constitution - Article XIII. General Provisions

Section 7. Marriage Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.

Montana Code Annotated - Title 40. Family law - Chapter 1. Marriage

Section 40-1-103. General Provisions --- Formalities.

Marriage is a personal relationship between a man and a woman arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized, and registered as provided in this chapter is valid in this state. A marriage may be contracted, maintained, invalidated, or dissolved only as provided by the law of this state.

Section 40-1-401. Prohibited marriages– contracts.

(1) The following marriages are prohibited: ... (d) a marriage between persons of the same sex.

No marriage license or recognition, no other relationship or its recognition from other jurisdictions for same-sex couples.

Montana Code Annotated 2013

TITLE 40. FAMILY LAW
CHAPTER 1. MARRIAGE

Part 4. Validity of Marriages -- Declaration of Invalidity

40-1-401. Prohibited marriages -- contracts.  (1) The following marriages are prohibited:

     (a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;

     (b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;

     (c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;

     (d) a marriage between persons of the same sex.

     (2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.

     (3) Children born of a prohibited marriage are legitimate.

     (4) A contractual relationship entered into for the purpose of achieving a civil relationship that is prohibited under subsection (1) is void as against public policy.

     History: En. 48-310 by Sec. 10, Ch. 536, L. 1975; R.C.M. 1947, 48-310; amd. Sec. 1, Ch. 424, L. 1997.