- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (3-month deferral)
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Until Jun 26, 2003
Until May 23, 2022
Until Jun 15, 2020
Public Opinion
Support for LGBT protections by US state ?
Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)
Favor (72%)
Opposition of religiously based refusals to serve gay and lesbian people ?
Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)
Oppose (51%)
Support of same-sex marriage by US state ?
Ranked #21 out of 51 regions surveyed. (Source: Pew Research, 2014)
(34%) Oppose
Favor (54%)
Support of homosexuality by US state ?
Ranked #23 out of 51 regions surveyed. (Source: Pew Research, 2014)
(30%) Oppose
Support (62%)
History
Homosexual activity in Montana is legal.
Current status
Since Apr 18, 2013
Since Apr 18, 2013
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.
Same-sex marriage in Montana is legal.
Current status
Since Nov 19, 2014
Since Nov 19, 2014
Legal
A supreme court judge struck down the same-sex marriage ban, allow same sex couples to marry
Censorship of LGBT Issues in Montana is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in Montana.
Right to change legal gender in Montana is legal, surgery not required.
Current status
Since Sep 19, 2022
Since Sep 19, 2022
Legal, surgery not required
Judges have struck down Montana's ban on birth certificate gender marker changes for transgender people. The judges argue the state acted in bad faith, as they were told to suspend the requirement for surgery, not the change of birth certificates altogether.
Illegal
Montana will no longer amend sex markers on birth certificates, unless biological sex was "marked wrong" at birth.
Until May 23, 2022
Legal, surgery not required
Missing non binary options on drivers licenses.
Legal recognition of non-binary gender in Montana is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT discrimination in Montana is illegal in some contexts.
Current status
Since Jul 30, 2016
Since Jul 30, 2016
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.
LGBT employment discrimination in Montana is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Until Jun 15, 2020
Sexual orientation only
State employees are provided with domestic partner benefits. Additionally, state employees are protected from discrimination based upon sexual orientation only.
LGBT housing discrimination in Montana is no protections.
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)."
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)."
Same-sex adoption in Montana is legal.
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).
Serving openly in military in Montana is legal.
Current status
Since Sep 20, 2011
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.
Blood donations by MSMs in Montana is banned (3-month deferral).
Current status
Since Apr 2, 2020
Since Apr 2, 2020
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Conversion therapy in Montana is not banned.
Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Equal age of consent in Montana is equal.
Current status
Equal
at the age of sixteen.
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