- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- Unknown
- Changing Gender
- ✔ Legal, surgery not required
- Non-binary gender recognition
- Unknown
- Discrimination
- Illegal in some contexts
- Employment Discrimination
- ✖ No protections
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Military
- ✔ Legal
- Donating Blood
- ✖ Banned (3-month deferral)
- Conversion Therapy
- Ambiguous
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
Until Jun 26, 2003
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 unknown.
Current status
Unknown
Right to change legal gender in Montana is legal, surgery not required.
Current status
Legal, surgery not required
Missing non binary options on drivers licenses.
Legal recognition of non-binary gender in Montana is unknown.
Current status
Unknown
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 no protections.
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.
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 ambiguous.
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.
Equal age of consent in Montana is equal.
Current status
Equal
at the age of sixteen.
Legal Rights
81 / 100
This region's Equality Index is based on legal rights alone. Please submit survey results that show the public opinion of LGBTQ+ issues in Montana to help improve its accuracy.
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