Same-Sex Proxy Marriage

Marriage Equality in Montana

On November 19, 2014, U.S. District Court Judge Brian Morris declared Montana's ban against same-sex marriage unconstitutional. This decision immediately prohibited the State from discriminating against same-sex couples seeking to marry in Montana. Because a proxy marriage is no different than a typical Montana marriage, this made same-sex proxy marriages legal at the same time.

Requirements

The same requirements exist for a same-sex proxy marriage as exist for any other proxy marriage. One party to the marriage must be an active-duty member of the U.S. Armed Forces or a citizen of the State of Montana. So long as you meet this requirement, we can perform a proxy marriage for you no matter where you are in the world.

The Legal Background: Rolando v. Fox

The court case that recognized the rights of same-sex couples to marry in Montana is Rolando v. Fox. On May 21, 2014, four same-sex couples filed federal suit challenging the definition of marriage provided in the Montana constitution which limited it to one man and one woman.

Relying on decisions in other Ninth Circuit cases out of Idaho and Nevada, the plaintiffs filed for summary judgment. On November 19, 2014, Judge Morris ruled in favor of the plaintiffs and issued an injunction prohibiting Montana from enforcing its ban on same-sex marriage, which immediately allowed same-sex couples to marry.

Montana's Attorney General, Tim Fox, announced plans to immediately appeal the decision to the Ninth Circuit Court of Appeals. While that appeal was filed, the parties later agreed to stay (or suspend) the case pending action by the U.S. Supreme Court.

On June 26, 2015, the U.S. Supreme Court decided Obergefell v. Hodges, ruling that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This landmark decision settled the matter nationwide, making same-sex marriage legal in all 50 states — including Montana — once and for all.