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-reinicke, 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."