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 ▸  North America  ▸ 

State

    Homosexuality
    ⚢
    ✔ Legal
    Gay Marriage
    ⚭
    ✔ Legal
    Censorship
    Unknown
    Changing Gender
    ✔ Legal, surgery not required
    Non-binary gender recognition
    ✖ Not legally recognized
    Discrimination
    Illegal in some contexts
    Employment Discrimination
    Sexual orientation only
    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

Public Opinion

Support for LGBT protections by US state

Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)

Question: "Do you strongly favor, favor, oppose or strongly oppose laws that would protect gay, lesbian, bisexual, and transgender people against discrimination in jobs, public accommodations, and housing?"

 
Favor (72%)

Opposition of religiously based refusals to serve gay and lesbian people

Ranked #1 out of 50 regions surveyed. (Source: PRRI, 2018)

Question: "Do you strongly favor, favor, oppose or strongly oppose allowing a small business owner in your state to refuse to provide products or services to gay or lesbian people, if doing so violates their religious beliefs"

 
Oppose (51%)

Support of same-sex marriage by US state

Ranked #21 out of 51 regions surveyed. (Source: Pew Research, 2014)

Question: "Do you strongly favor, favor, oppose or strongly oppose allowing gays and lesbians to marry legally?"

(34%) Oppose
Favor (54%)

Support of homosexuality by US state

Ranked #23 out of 51 regions surveyed. (Source: Pew Research, 2014)

Question: "Which statement comes closer to your own views: homosexuality should be accepted by society OR homosexuality should be discouraged by society?"

(30%) Oppose
Support (62%)

History

Homosexual activity in Montana

?

Homosexual activity in Montana is legal.

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.
Details  ·  Accurate? Yes No
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  ·  3 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.
Details  ·  Accurate? Yes No
Sources:
lambdalegal.org/in-court/le…
Added by imullin01  ·  1 accurate vote  ·  Report Error  ·  Log

Same-sex marriage in Montana

?

Same-sex marriage in Montana is legal.

Current status
Since Nov 19, 2014
Legal
A supreme court judge struck down the same-sex marriage ban, allow same sex couples to marry
Details  ·  Accurate? Yes No
Sources:
reuters.com/article/2014/11…
Added by vviet93  ·  2 accurate votes  ·  Report Error  ·  Log

Censorship of LGBT Issues in Montana

?

Censorship of LGBT Issues in Montana is unknown.

Current status
Unknown

Right to change legal gender in Montana

?

Right to change legal gender in Montana is legal, surgery not required.

Current status
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.
Details  ·  Accurate? Yes No
Sources:
flatheadbeacon.com/2022/09/…
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

May 23, 2022–Sep 19, 2022
Illegal
Montana will no longer amend sex markers on birth certificates, unless biological sex was "marked wrong" at birth.
Details  ·  Accurate? Yes No
Sources:
pbs.org/newshour/politics/m…
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

Until May 23, 2022
Legal, surgery not required
Missing non binary options on drivers licenses.
Details  ·  Accurate? Yes No
Sources:
lgbtmap.org/equality-maps/p…
Added by Ausyk  ·  4 accurate votes  ·  Report Error  ·  Log

Legal recognition of non-binary gender in Montana

?

Legal recognition of non-binary gender in Montana is not legally recognized.

Current status
Not legally recognized
Not currently recognized.
Details  ·  Accurate? Yes No
Sources:
usbirthcertificates.com/art…
Added by Notdog1996  ·  0 accurate votes  ·  Report Error  ·  Log

LGBT discrimination in Montana

?

LGBT discrimination in Montana is illegal in some contexts.

Current status
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.
Details  ·  Accurate? Yes No
Sources:
lgbtmap.org/equality-maps/n…
lgbtmap.org/equality-maps/f…
Added by Ausyk  ·  3 accurate votes  ·  Report Error  ·  Log

LGBT employment discrimination in Montana

?

LGBT employment discrimination in Montana is sexual orientation only.

Current status
Sexual orientation only
State employees are provided with domestic partner benefits. Additionally, state employees are protected from discrimination based upon sexual orientation only.
Details  ·  Accurate? Yes No
Sources:
hrc-assets.s3-website-us-ea…
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

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.
Details  ·  Accurate? Yes No
Sources:
lgbtmap.org/equality-maps/n…


lgbtmap.org/equality-maps/f…
Added by Ausyk  ·  3 accurate votes  ·  Report Error  ·  Log

LGBT housing discrimination in Montana

?

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)."
Details  ·  Accurate? Yes No
Sources:
hrc-assets.s3-website-us-ea…
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Dec 16, 2014–Sep 20, 2018
Ambiguous
Only under city discrimination protections. Pending state wide.
Details  ·  Accurate? Yes No
Sources:
lgbtmap.org/equality-maps/n…
Added by Ausyk  ·  3 accurate votes  ·  Report Error  ·  Log

Same-sex adoption in Montana

?

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).
Details  ·  Accurate? Yes No
Sources:
www.lambdalegal.org/states-region/montana
Mont. Code 42-1-106
Mont. Code 42-4-302(c)(2)
Added by imullin01  ·  4 accurate votes  ·  Report Error  ·  Log

Serving openly in military in Montana

?

Serving openly in military in Montana is legal.

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.
Details  ·  Accurate? Yes No
Sources:
army.mil/dadt/
Added by imullin01  ·  2 accurate votes  ·  Report Error  ·  Log

Blood donations by MSMs in Montana

?

Blood donations by MSMs in Montana is banned (3-month deferral).

Current status
Since Apr 2, 2020
Banned (3-month deferral)
Blood donation centers follow the new FDA 3-month deferral guidance.
Details  ·  Accurate? Yes No
Sources:
fda.gov/regulatory-informat…
Added by Ausyk  ·  1 accurate vote  ·  Report Error  ·  Log

Dec 21, 2015–Apr 2, 2020
Banned (1-year deferral)
Blood donation centers followed the non-binding FDA one year deferral guidance.
Details  ·  Accurate? Yes No
Sources:
fda.gov/vaccines-blood-biol…
Added by JerofDoorhandle  ·  0 accurate votes  ·  Report Error  ·  Log

1983–Dec 21, 2015
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.
Details  ·  Accurate? Yes No
Sources:
fda.gov/BiologicsBloodVacci…
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Conversion therapy in Montana

?

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.
Details  ·  Accurate? Yes No
Sources:
nclrights.org/bornperfect-l…

nclrights.org/bornperfect-t…

hrc.org/resources/entry/the…
Added by imullin01  ·  0 accurate votes  ·  Report Error  ·  Log

Sep 7, 2016–Sep 7, 2018
Ambiguous
not criminalized in this state. however condemned by the AMA association.
Details  ·  Accurate? Yes No
Sources:
lgbtmap.org/equality-maps/c…
Added by Ausyk  ·  2 accurate votes  ·  Report Error  ·  Log

Equal age of consent in Montana

?

Equal age of consent in Montana is equal.

Current status
Equal
at the age of sixteen.
Details  ·  Accurate? Yes No
Added by Ausyk  ·  3 accurate votes  ·  Report Error  ·  Log
Equality Index ?
67 / 100
Legal Rights
74 / 100
Public Opinion
60 / 100
#194
Interest Rank ?

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Montana LGBT Organizations

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Common queries:
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