Same-sex marriage in Montana

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Notes
  1. Performed statewide in 24 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in the five Caribbean overseas territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
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Same-sex marriage in Montana has been recognized since a federal court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. Montana had previously denied marriage rights to same-sex couples by statute since 1997 and in its State Constitution since 2004. The state appealed the ruling to the Ninth Circuit Court of Appeals, but before that court could hear the case, the U.S. Supreme Court struck down all same-sex marriage bans in the country in Obergefell v. Hodges, mooting any remaining appeals.

Domestic partnerships[]

In 2004, the Montana Supreme Court in Snetsinger v. Montana University System ruled that the state university's policy of denying insurance coverage to same-sex domestic partners of its gay and lesbian employees violated the State Constitution's equal protection requirements.[1] Montana has provided benefits to same-sex partners of state employees since 2005.[2]

In 2009, a domestic partnership bill was introduced to the Montana Legislature. The bill would have provided for basic rights such as hospital visitation access for one's partner and joint property ownership, but was swiftly killed in the Legislature.[3][4]

On April 3, 2003, Missoula County commissioners approved a domestic partnership registry for the county. It went into effect on July 1, 2003.[5] Similarly, on July 15, 2013, the Missoula City Council unanimously approved a domestic partnership registry for the city. The registry went into effect on October 1, 2013.[6][7]

Same-sex marriage[]

Statute[]

In 1997, the Montana Legislature passed a ban on same-sex marriage and any "contractual relationship entered into for the purpose of achieving a civil relationship".[8][9][10]

Constitution[]

On November 2, 2004, Montana voters approved Initiative 96, a state initiated constitutional amendment that prohibited the recognition of same-sex marriage, as well as anything "identical or substantially similar to marital status" in the state of Montana.[11]

Lawsuits[]

Rolando v. Fox[]

Four same-sex couples represented by the American Civil Liberties Union (ACLU) and local attorneys filed a lawsuit in federal court in Great Falls on May 21, 2014, challenging the Montana Constitution's definition of marriage as the union of one man and one woman and related statutes. The plaintiffs in the suit, Rolando v. Fox, were three couples (Shauna and Nicole Goubeaux, Ben Milano and Chase Weinhandl, and Sue Hawthorne and Adel Johnson) who had married in Hawaii, Iowa, and Washington, respectively. A fourth couple, Angela and Tonya Rolando, were denied a marriage license by the Cascade County Clerk of Court. Governor Steve Bullock expressed support for the plaintiffs. Attorney General Tim Fox defended the state.[12] On October 15, citing the recent decision of the Ninth Circuit Court of Appeals in Latta v. Otter, which ended bans on same-sex marriage in Idaho and Nevada, the plaintiffs asked the court for summary judgment. Their brief compared the texts of Montana's ban with those of Idaho and Nevada and used the Latta decision to counter the state's arguments.[13] U.S. District Court Judge Brian Morris ruled for the plaintiffs on November 19, 2014, and his injunction against the state's enforcement of its ban on same-sex marriage took effect immediately. Attorney General Fox announced plans to appeal the decision to the Ninth Circuit.[14] At the request of all parties, the Ninth Circuit suspended proceedings in the state's appeal on February 9, 2015, pending action by the Supreme Court in Obergefell v. Hodges.[15]

On June 26, 2015, the Supreme Court ruled in Obergefell that laws depriving same-sex couples of the rights of marriage violate the Due Process and Equal Protection clauses of the Fourteenth Amendment, striking down all same-sex marriage bans in the country and mooting the state's appeal to the Ninth Circuit.

Donaldson v. State of Montana[]

In July 2010, seven same-sex couples in Montana filed a lawsuit against the state. The suit contended that even with the ban on same-sex marriage, the State Constitution's guarantees of privacy, dignity, and the pursuit of life's basic necessities and its guarantees of equal protection and due process require the state to offer same-sex couples the same rights and protections it offers to different-sex couples through marriage.[16] A state district court heard arguments in January 2011 in the case, Donaldson v. State of Montana.[17] The city of Bozeman backed their suit.[18] The court ruled against the plaintiffs on April 19, 2011,[19] and the plaintiffs, represented by the ACLU, appealed that decision to the Montana Supreme Court on August 4, arguing that the marriage amendment does not preclude providing rights other than the name "marriage" to same-sex couples.[20] On December 17, 2012, that court in a 4–3 decision denied the plaintiffs' request to find Montana's entire "statutory scheme" unconstitutional, but invited them to renew their suit in district court by specifying the statutes they were challenging.[21]

Statistics[]

436 same-sex couples married in Montana in the first year after legalization.[22]

Native American nations[]

The Law and Order Code of the Blackfeet Nation specifies that state law and state jurisdiction governs marriage relations and that neither common-law nor marriages performed under native customs are valid within the Blackfeet Reservation.[23] In 2006, a traditional Blackfoot marriage ceremony was held in Seeley Lake for a two-spirit (Blackfoot: ááwowáakii, pronounced [áːwowâːki̥ː]) couple.[24]

The Crow Tribe of Montana's Law and Order Code provides that marriage is a consensual relationship between "a man and a woman" arising out of a civil contract. However, the code also states that marriages which are validly contracted under the laws of the place where they occurred are recognized as valid within the Crow Indian Reservation.[25] Likewise, the tribal code of the Northern Cheyenne Tribe defines marriage as "a personal relationship between a man and a woman", but states that marriages validly performed under the laws of the jurisdiction where performed are valid in their reservation.[26] Similar language is found in the family code of the Assiniboine and Sioux Tribes,[27] and the tribal code of the Gros Ventre and Assiniboine Tribes.[28]

Although not culturally considered same-sex marriages, marriages between two-spirited people and men or women have been historically performed among these tribes. In Cheyenne culture, two-spirited people are known as he'émané'e (pronounced [hɛʔɛ́manɛ́ʔɛ̥]) and filed an important role in Cheyenne society as a third gender. They were revered as warriors, directed the traditional scalp dances, were believed to be able to talk to coyotes, and were known for their skills in matchmaking particularly for young, unmarried men who sought to impress young women. The he'émané'e often served as a second wife in a married man's household.[29] The Assiniboine wįkta (pronounced [ˈwĩkta]) were allowed to marry men,[30] and the Crow baté (pronounced [bə̀ˈdé]) were allowed to marry women and men. Osh-Tisch, a famous Crow baté, adorned women's clothing and married a woman.[31]

Public opinion[]

Public opinion for same-sex marriage in Montana
Poll source Date(s)
administered 		Sample
size 		Margin of
error 		% support % opposition % no opinion
Public Religion Research Institute January 7-December 20, 2020 254 random telephone
interviewees 		? 69% 30% 1%
Public Religion Research Institute April 5-December 23, 2017 348 random telephone
interviewees 		? 57% 37% 6%
Public Religion Research Institute May 18, 2016-January 10, 2017 524 random telephone
interviewees 		? 53% 36% 11%
Public Religion Research Institute April 29, 2015-January 7, 2016 465 random telephone
interviewees 		? 49% 43% 8%
New York Times/CBS News/YouGov September 20-October 1, 2014 549 likely voters ± 4.5% 45% 41% 14%
MSU Billings October 2013 410 adults ± 5% 46.6% 42.6% 10.8%
Public Policy Polling June 21–23, 2013 807 registered voters ± 3.4% 42% 48% 10%
Public Policy Polling February 15–17, 2013 1,011 voters ± 3.1% 43% 49% 8%
Public Policy Polling April 26–29, 2012 934 voters ± 3.2% 41% 48% 11%
Public Policy Polling November 28–30, 2011 1,625 voters ± 2.4% 37% 51% 12%

See also[]

References[]

  1. ^ Justia.com: Snetsinger v. Montana University System, accessed April 25, 2011
  2. ^ National Conference of State Legislatures: "States offering benefits for same-sex partners of state employees", accessed April 16, 2011
  3. ^ HOUSE BILL NO. 590
  4. ^ HB 590
  5. ^ Missoula County, Montana approves health benefits for domestic partners
  6. ^ Missoula City Council Unanimously Approves Same-Sex – Domestic Partner Registration [AUDIO]
  7. ^ Missoula City Council passes domestic partnership registry resolution
  8. ^ State Laws Prohibiting Recognition of Same-Sex Relationships
  9. ^ 40-1-103. Formalities.
  10. ^ 40-1-401. Prohibited marriages -- contracts.
  11. ^ CNN: Election 2004 - Ballot Measures, accessed April 7, 2011.
  12. ^ King, Jon (May 21, 2014). "Lawsuit Filed to End Montana Defenition of Marriage, Governor Bullock Applauds". KGVO. Retrieved October 15, 2014.
  13. ^ "Montana judge asked to decide on gay marriage". Billings Gazette. Associated Press. October 15, 2014. Retrieved October 15, 2014.
  14. ^ Johnson, Chris (November 19, 2014). "Judge strikes down Montana ban on same-sex marriage". Washington Blade. Retrieved November 19, 2014.
  15. ^ "Motion to stay proceedings granted". Scribd.com. Ninth Circuit Court of Appeals. Retrieved February 9, 2015.
  16. ^ Garcia, Michelle (2010-07-22). "Gay Montana Couples Sue State". Advocate.com. Retrieved 2010-07-23.
  17. ^ Billings Gazette: "Gay couples argue for same rights as wedded people," January 25, 2011, accessed April 14, 2011
  18. ^ KTVM: "Bozeman Commission Backs Same-Sex Couples," September 27, 2010, accessed April 14, 2011
  19. ^ Independent Record (Helena): Matt Gouras, "Judge rules against gay couples seeking rights," April 21, 2011, accessed April 21, 2011
  20. ^ KTVM.com: Lauren Maschmedt, "ACLU Takes Same-Sex Case To State Supreme Court," August 4, 2011, accessed August 4, 2011
  21. ^ Geidner, Chris (December 17, 2012). "Montana Supreme Court Rejects Broad Equal Benefits Claim By Gay Couples". Buzz Feed. Retrieved December 17, 2012.
  22. ^ How many same-sex couples have married in Montana?
  23. ^ "Chapter 3, Blackfeet Tribe Law and Order Code" (PDF). narf.org. Retrieved January 28, 2022.
  24. ^ "A Spirit of Belonging, Inside and Out". The New York Times. October 8, 2006.
  25. ^ "Title 10 : Domestic Relations, Law and Order Code of the Crow Tribe of Montana" (PDF). indianlaw.mt.gov. Retrieved January 28, 2022.
  26. ^ "Title VIII : Domestic Relations, Tribal Code of the Northern Cheyenne Tribe" (PDF). www.narf.org.
  27. ^ "Section 202. Requirements. Title 10 – Family Code of the Assiniboine and Sioux Tribes" (PDF).
  28. ^ "The Laws of the Gros Ventre and Assiniboine Tribes" (PDF). indianlaw.mt.gov.
  29. ^ George Bird Grinnell (2008). The Cheyenne Indians: Their History and Lifeways: Edited and Illustrated. World Wisdom. ISBN 1933316608.
  30. ^ Sabine Lang (1998). Men as Women, Women as Men: Changing Gender in Native American Cultures. University of Texas Press. ISBN 0292747012.
  31. ^ Sabine Lang (1998). Men as women, women as men: changing gender in Native American cultures. University of Texas Press. p. 117. ISBN 0-292-74701-2.

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