State

  • Homosexuality
    ✔ Legal
  • Marriage
    ✔ Legal
  • Changing Gender
    ✖ Illegal
  • Adoption
    ✔ Legal
  • Discrimination
    ✖ No protections
  • Employment Discrimination
    ✖ No protections
  • Housing Discrimination
    ✖ No protections
  • Military
    ✔ Legal
  • Age of Consent
    ✔ Equal
  • Donating Blood
    ✖ Banned (indefinite deferral)
  • Conversion Therapy
    Ambiguous

History

Homosexual activity in Montana

?
Current status
(since Apr 18, 2013)
Legal
Though the US Supreme Court and the Montana Supreme Court both ruled the law unconstitutional and unenforceable as early as 2003, it remained on the books until officially removed on 4/18/2013.
Sources:
MCA 45-2-101 § 21
leg.mt.gov/bills/mca/45/2/4…
Redacted during SB 0107 April 18, 2013 Sec. 4 § 21
leg.mt.gov/bills/2013/billh…
sdgln.com/news/2013/04/19/m…
Added by nickreitan  ·  2 accurate votes  ·  Report Error  ·  Log
Until Jun 26, 2003
Legal
US Supreme Court ruling issued in Lawrence v. Texas struck down all sodomy laws on the basis of privacy and liberty. The decision overturned any laws remaining in all US states which prohibited acts of sodomy.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex marriage in Montana

?
Current status
(since Nov 19, 2014)
Legal
A supreme court judge struck down the same-sex marriage ban, allow same sex couples to marry
Added by vviet93  ·  2 accurate votes  ·  Report Error  ·  Log

Right to change legal gender in Montana

?
Current status
Legal, surgery not required
Missing non binary options on drivers licenses.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log
Current status
Illegal
as far as I know
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
Illegal
as far as I know
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
Illegal
as far as I know
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Montana

?
Current status
Legal
Single-parent and married petitioning jointly are allowed in adoptions per Montana Code 42-1-106. Second-parent adoption is allowed per Montana Code 42-4-302(c)(2).
Sources:
www.lambdalegal.org/states-region/montana
Mont. Code 42-1-106
Mont. Code 42-4-302(c)(2)
Added by imullin01  ·  3 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Montana

?
Jul 30, 2016–Sep 8, 2018
Illegal in some contexts
Discrimination protection for state employees. as well complete city protections in 4 cities. As well in 1 county. Federal sex discrimination protection under section VII. Sexual orientation and gender identity under federal hate crime law.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log
Current status
No protections
No protections from discrimination exist based upon sexual orientation or gender identification.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Montana

?
Jan 9, 2016–Sep 14, 2018
Ambiguous
Only for state employment. 4 city full discrimination protections. as well as sex discrimination which includes gender identity under section VII. Full discrimination protection pending for all employment statewide.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log
Current status
No protections
As of December 16, 2014, there are no legal protections for people who are LGBT in regards to employment. However, state employees are provided with domestic partner benefits. Additionally, state employees are protected from discrimination based upon sexual orientation only.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Montana

?
Dec 16, 2014–Sep 20, 2018
Ambiguous
Only under city discrimination protections. Pending state wide.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.

However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Homosexuals serving openly in military in Montana

?
Current status
(since Sep 20, 2011)
Legal
Don't Ask, Don't Tell is officially repealed throughout the United States, and gays and lesbians may openly serve.
Added by imullin01  ·  2 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Montana

?
Current status
Equal
at the age of sixteen.
Sources:
No
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Montana

?
Current status
(since 1983)
Banned (indefinite deferral)
Ban on blood donations from MSMs applies to any man who has had sex, even once, with another man on or after January 1, 1977.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log
Jan 1, 1983–Sep 21, 2018
Banned (1-year deferral)
under a 2016 ruling from the FDA.
Sources:
No
Added by Ausyk  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Montana

?
Sep 7, 2016–Sep 7, 2018
Ambiguous
not criminalized in this state. however condemned by the AMA association.
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log
Current status
Ambiguous
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it. Though it's not actually ambiguous (It is in fact legal), this is the best indicator of the available options.
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log


Latest News

Federal judge strikes down Montana same-sex marriage ban
Federal judge strikes down Montana same-sex marriage ban
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