Same-sex marriage in Montana

The state of Montana has recognized same-sex marriage since a federal court ruled the state's ban on same-sex marriage unconstitutional on November 19, 2014. It had previously denied marriage rights to same-sex couples by statute since 1997 and in its 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 Ohio's ban on same-sex marriage, mooting any remaining appeals.

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."

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.

Four same-sex couples represented by the 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', include three couples (Shauna and Nicole Goubeaux, Ben Milano and Chase Weinhandl, Sue Hawthorne and Adel Johnson) who married in Hawaii, Iowa, and Washington state. 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. 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. 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 Court of Appeals. 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 DeBoer v. Snyder.

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