House Bill No. 323
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act prohibiting marriage between persons of the same sex; and amending section
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 40-1-401, MCA, is amended to read:
"40-1-401. Prohibited marriages. (1) The following marriages are prohibited:
(a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties;
(b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood, or between first cousins;
(c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood;
(d) a marriage between persons of the same sex.
(2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are lawfully married as of the date of the removal of the impediment.
(3) Children born of a prohibited marriage are legitimate."