Solemnization may be performed by a judge of a court of record, by a public official whose powers include solemnization of marriages, by a mayor, city judge, or justice of the peace, by a tribal judge, or in accordance with any mode of solemnization recognized by any religious denomination, Indian nation or tribe, or native group. (MCA 40-1-301(1)) Marriage by Proxy may be permitted in Montana under specific circumstances. (See MCA 40-1-301(2), (4)) |
Same Sex Marriage is Recognized in Montana
See Rolando v. Fox, CV-14-40-GF-BMM, declaring Montana’s laws that ban same-sex marriage (including Article XIII, section 7 of the Montana Constitution, and MCA sections 40-1-103 and 40-1-401), violate the right to equal protection of the laws guaranteed by the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, and are therefore unenforceable. See MCA Title 40, Chapter 1 for more requirements and details. |