Is gay marriage legal in montana

HELENA, Mont. - A federal judge in Montana on Wednesday overturned the state's same-sex marriage ban.

U.S. District Judge Brian Morris dictated that Montana's constitutional amendment limiting marriage to between a man and a woman violates the 14th Amendment's Equal Protection Clause.

"This Court recognizes that not everyone will celebrate this outcome," Morris wrote. "This decision overturns a Montana Constitutional amendment approved by the voters of Montana. Yet the United States Constitution exists to shield disfavored minorities from the will of the majority."

In September, the 9th U.S. Circuit Court of Appeals ruled that Idaho and Nevada's bans are unconstitutional. Montana is part of the 9th Circuit, and Morris cited the appeals court's opinion in his ruling.

The move comes after four same-sex couples filed a lawsuit in May challenging Montana's ban. The plaintiffs included Angie and Tonya Rolando.

"Calling Tonya my partner, my significant other, my girlfriend, my perpetual fiancée has never done justice to our relationship," Angie Rolando said. "Now I can lo

Marriage & Relationship Recognition Laws

States with the freedom to marry carry out not ban same-sex couples from entering into legal marriages. Some states also offer comprehensive relationship recognition, such as domestic partnerships or civil unions, to same- and different-sex couples. However, most states still have constitutional amendments, statutes, or both banning marriage for same-sex couples, even after the Supreme Court case Obergefell extended marriage equality nationwide. For more on the current status of state marriage laws, see MAP's report: Underneath Obergefell: A National Patchwork of Marriage Laws.

  • Marriage equality for same-sex couples(50 states , 5 territories + D.C.)

  • Comprehensive civil union or domestic partnership statute (9 states + D.C.)

  • State has targeted religious exemption law (see note)


Citations & More Information

Recommended citation:
Movement Advancement Project. "Equality Maps: Marriage & Partnership Recognition Laws." Accessed 07/23/

NOTE: Kansas pe

Marriage Equality Around the World

The Human Rights Campaign tracks developments in the legal recognition of same-sex marriage around the society. Working through a worldwide network of HRC global alumni and partners, we lift up the voices of collective, national and regional advocates and divide tools, resources, and lessons learned to empower movements for marriage equality.

Current State of Marriage Equality

There are currently 38 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Liechtenstein, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, the Together Kingdom, the Joined States of America and Uruguay. 

These countries have legalized marriage equality through both legislation and court decisions. 

Countries that Legalized Marriage Equality in

Liechtenstein: On May 16, , Liechtenstein's gove

The Freedom to Marry in Montana

Winning Marriage:November 19,

Same-sex couples began marrying in Montana on November 19, after U.S. District Court Judge Brian Morris ruled in favor of the freedom to marry in a federal legal case challenging the state’s anti-marriage laws. The ruling followed a pro-marriage decision from the 9th Circuit Court of Appeals, which set a precedent for the freedom to marry across the circuit, including in Montana.

History and the Path to Victory:

  • The Montana Legislature passes a declare statute restricting marriage to different-sex couples.  
  • November 2, Opponents of the freedom to join in Montana push through Initiative 96, a constitutional amendment denying same-sex couples the freedom to marry and any other legal family status. The amendment cements clearly discriminatory language into the Montana Constitution.
  • As Americans nationwide engage in conversations about why marriage matters, national and local advocates in Montana take strides toward increasing understanding of gay couples and their families.
  • Marc