- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✔ Legal, no restrictions
- Gender-Affirming Care
- ✔ Legal
- Non-Binary Gender Recognition
- ✖ Not legally recognized
- Discrimination
- ✖ Illegal in some contexts
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✖ No protections
- Adoption
- ✔ Legal
- Intersex Infant Surgery
- ✖ Not banned
- Military
- ✔ Legal
- Donating Blood
- ✔ Legal
- Conversion Therapy
- ✖ Not banned
- Age of Consent
- ✔ Equal
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Public Opinion
Public opinion surveys in Montana have pointed to a varied attitude towards LGBTQ+ individuals.
OPPOSE
SUPPORT
History
Homosexual activity in Montana is legal.
Current status
Since Apr 18, 2013
Same-sex marriage in Montana is legal.
Current status
Since Nov 19, 2014
Legal
A supreme court judge struck down the same-sex marriage ban, allow same sex couples to marry
Censorship of LGBT issues in Montana is no censorship.
Current status
No censorship
There are no laws censoring LGBT topics in Montana.
Right to change legal gender in Montana is legal, no restrictions.
Current status
Since Jun 25, 2024
Legal, no restrictions
A judge ruled that Senate Bill 458, which defined sex as only male or female and made changing your gender on your birth certificate impossible, was unconstitutional because its subject wasn’t clear in its title as required by the Montana Constitution.
Legal, no restrictions
Judges have struck down Montana's ban on birth certificate gender marker changes for transgender people. The judges argue the state acted in bad faith, as they were told to suspend the requirement for surgery, not the change of birth certificates altogether.
Illegal
Montana will no longer amend sex markers on birth certificates, unless biological sex was "marked wrong" at birth.
Until May 23, 2022
Legal, no restrictions
Missing non binary options on drivers licenses.
Gender-affirming care in Montana is legal.
Current status
Legal
On April 28, 2023, Governor Gianforte signed a bill that bans gender-affirming care for transgender minors. The bill was set to become effective at the end of September, but on September 27th, 2023, Montana District Court Judge Jason Marks granted a preliminary injunction, blocking the bill from taking effect. On December 12th, 2023, Montana’s Supreme Court upheld the injunction.
Legal recognition of non-binary gender in Montana is not legally recognized.
Current status
Not legally recognized
Not currently recognized.
LGBT discrimination in Montana is illegal in some contexts.
Current status
Since Jul 30, 2016
Illegal in some contexts
Discrimination protection for state employees. as well complete city protections in 4 cities. As well in 1 county. Federal sex discrimination protection under section VII. Sexual orientation and gender identity under federal hate crime law.
LGBT employment discrimination in Montana is sexual orientation and gender identity.
Current status
Since Jun 15, 2020
Sexual orientation and gender identity
Protected federally under a Supreme Court ruling.
Until Jun 15, 2020
Sexual orientation only
State employees are provided with domestic partner benefits. Additionally, state employees are protected from discrimination based upon sexual orientation only.
LGBT housing discrimination in Montana is no protections.
Current status
No protections
This state does not provide any legal protections from discrimination based upon sexual orientation or gender identification.
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
However, the Human Rights Campaign states, "The Department of Housing and Urban Development (HUD) requires grantees and participants of HUD programs to comply with local and state non-discrimination laws that include sexual orientation and gender identity.
HUD also prohibits inquiries regarding the sexual orientation or gender identity of a prospective tenant or applicant for assisted
housing in every state (March 2012)."
Same-sex adoption in Montana is legal.
Current status
Legal
Single-parent and married petitioning jointly are allowed in adoptions per Montana Code 42-1-106. Second-parent adoption is allowed per Montana Code 42-4-302(c)(2).
Intersex infant surgery in Montana is not banned.
Current status
Not banned
No US state has enacted a ban on surgeries that attempt to change an intersex minors sex without their consent.
Serving openly in military in Montana is legal.
Current status
Since Feb 26, 2021
Legal under federal United States law
President Biden removed former President Trumps ban on transgender people serving in the military, transgender people are still allowed to serve as of 2024.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
A year after the ban was lifted, Admiral Levine was sworn into being an Admiral, becoming the first transgender woman to hold a high rank in the Navy and in Cabinet.
Lesbians, gays, bisexuals permitted, transgender people banned under federal United States law
New policy goes into effect barring individuals with a "condition" known as "gender dysphoria."
Legal under federal United States law
In 2011, "Don't Ask, Don't Tell" was repealed by the Obama Administration. Former President Obama allowed members who were dishonorably discharged under DADT, to receive an honorable discharge.
Don't Ask, Don't Tell under federal United States law
Don't Ask, Don't Tell was the historic compromise signed by President Bill Clinton authorizing people who are LGBT to serve in the military provided they didn't disclose sexuality. The law also removed the ability for others in the military from asking for a service member's orientation.
Blood donations by MSMs in Montana is legal.
Current status
Since May 11, 2023
Legal under federal United States law
The new FDA policy on blood donation eliminates deferrals and screening questions specific to men who have sex with men (MSM). Prospective donors will be asked the same set of questions regardless of their sex or sexual orientation.
Banned (less than 6-month deferral) under federal United States law
The FDA announced changes to the blood donor eligibility policy in April 2020, reducing the MSM deferral period from 12 months to 3 months. The change came amid the beginning of the COVID-19 pandemic, where blood was needed urgently.
Banned (1-year deferral) under federal United States law
After a series of recommendations, the FDA has moved to a 12 months deferral.
Banned (indefinite deferral) under federal United States law
Starting in 1983, the United States implemented a full ban on blood donations from gay men. The primary justification for the ban was the perceived high risk of HIV transmission, with health regulators identifying men who have sex with men (MSM) as a significant risk to the safety of the blood supply.
Conversion therapy in Montana is not banned.
Current status
Not banned
Conversion Therapy is currently legal. No law currently bans it, despite organizations such as the American Psychological Association denouncing it.
Equal age of consent in Montana is equal.
Current status
Equal
at the age of sixteen.
United States Equality Rank
#194
Interest Rank based on Equaldex traffic ?
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Montana LGBT Organizations
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