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

40-1-401, MCA."

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."

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