Montana

Relationships

NO
Does the state allow same-sex couples to marry?
NO
Does the state recognize marriages of same-sex couples from other jurisdictions?
NO
Does the state offer any other type of relationship recognition for same-sex couples?

 

The state constitution prohibits marriage between same-sex couples. Amended in 2004 to read: “Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.” See Montana Constititution, Article XIII § 7.

 

State statute prohibits marriage between same-sex couples. See Montana Annotated Code § 40-1-103 and § 40-1-401.

Workplace

NO
Does state law protect employees in the private sector from discrimination on the basis of sexual orientation?
NO
Does state law protect employees in the private sector from discrimination on the basis of gender identity and/or gender expression?
YES
Does state law expressly protect employees of state and local governments from discrimination on the basis of sexual orientation?
NO
Does state law expressly protect employees of state and local governments from discrimination on the basis of gender identity and/or gender expression?

All government employees are protected by the U.S. Constitution against irrational discrimination based on sexual orientation or gender identity. In addition, some measure of protection already exists under Title VII based on gender, which has been held to include gender identity and expression.

The U.S. Equal Employment Opportunity Commission (EEOC) and several courts have interpreted Title VII to protect transgender employees, and the EEOC has interpreted Title VII to cover sexual orientation discrimination. The Supreme Court has held that the EEOC's interpretations of Title VII are entitled to "great deference." 

Parenting

Miscellaneous
Who may adopt?

Unmarried adult or, generally, married persons petitioning jointly. See Mont. Code 42-1-106.

Miscellaneous
Second-parent adoptions:

Bullying

NO
Does state law prohibit bullying in public schools?
NO
Does the law include cyberbullying?
NO
Does the law specifically mention sexual orientation?
NO
Does the law specifically mention gender identity?
NO
Does the law also apply to private, non-religious schools?
YES
Is there a state antidiscrimination law that applies (or may apply) to schools?
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