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Same-sex marriage has been recognized in Montana since a federal district 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.
Initiative 96 of 2004 is a ballot initiative that amended the Montana Constitution to prevent same-sex marriages from being conducted or recognized in Montana.The Initiative passed via public referendum on November 2, 2004, with 67% of voters supporting and 33% opposing.
Montana voters had adopted a constitutional amendment in November 2004 that defined marriage as the union of a man and a woman. [10] Similar restrictions appear in the state statutes. [11] The Montana Supreme Court recognized a common law same-sex marriage as retroactively valid in Adami v. Nelson on December 10, 2019. [12]
Chapter 2. The marriage relationship - Section 2.001. Marriage license. (a) A man and a woman desiring to enter into a ceremonial marriage must obtain a marriage license from the county clerk of any county of this state. (b) A license may not be issued for the marriage of persons of the same sex. Chapter 6.
In 1909, Aoki and Helen Emery, an interracial couple were denied a marriage license in California due to laws prohibiting marriage between Japanese and Caucasian individuals. [30] They then traveled to Portland, Oregon, hoping to obtain a marriage license there but were again denied based on similar racial restrictions. [30]
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