Montana gay marriage has been banned by legal statute since 1997 and under the state constitution since 2004. Initiative 96, which modified the Montana State Constitution to outlaw same-sex marriage, also bans “contractual unions” which are functionally identical to a wedding. The wording of this initiative has created some legal confusion, as under certain interpretations it could also outlaw domestic partnerships.
Initiative 96 passed by public referendum. Sixty-seven percent of voters were in favor of the law, while 33 percent opposed it.
In July of 2010, the lawsuit Donaldson v. State of Montana was filed in the state Supreme Court demanding equal rights for homosexual couples even if their unions were not legally recognized as marriage. In a 4-3 decision, the court elected not to hear the case, citing it as too broad and vague.
A second lawsuit was filed in the Montana Supreme Court in May of 2014 seeking to end the description of marriage as outlined in Initiative 96 as well as any legal description of marriage as being between one man and one woman. The lawsuit, Rolando v. Fox, includes four couples. The Governor of Montana has already lent his support to the plaintiffs, and the case is currently under consideration by the Supreme Court.
Only Missoula County maintains a domestic partnership registry in the state of Montana. Both same-sex and opposite-sex couples can file with the registry and receive some benefits without a formal wedding or marriage contract. In 2004, the Montana university system began providing benefits to same-sex domestic partners of faculty and staff. Montana state employees have been eligible for domestic partner benefits since 2005.
Several recent public opinion polls have found that between 37 percent and 47 percent of Montana residents are in favor of Montana gay marriage equality. Between 64 and and 71 percent of state residents think that same-sex couples should receive some kind of legal recognition.
Though popular support for Montana gay marriage has increased in recent years, the state still has work to do before equality is achieved.
