House Bill No. 323

Introduced By boharski, prouse, clark, rehbein, adams, mcgee, simpkins, wells, bergman, jore, walters, grimes, knox, jenkins, toews, ahner, devaney, hayne, kasten, arnott, ohs, hargrove, holland, bookout, simon, zook, curtiss, orr, mood, bitney, beaudry, estrada, baer, keating, gage, m. hanson

A Bill for an Act entitled: "An Act prohibiting marriage between persons of the same sex; PROVIDING THAT CERTAIN CONTRACTS ARE AGAINST PUBLIC POLICY; 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 -- CONTRACTS. (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.

(4) A CONTRACTUAL RELATIONSHIP ENTERED INTO FOR THE PURPOSE OF ACHIEVING A CIVIL RELATIONSHIP THAT IS PROHIBITED UNDER SUBSECTION (1) IS VOID AS AGAINST PUBLIC POLICY."

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