Text of MT HB 282 (2015)

64th Legislature HB0282.01 HOUSE BILL NO. 282 1 INTRODUCED BY B. BENNETT 2 3 A BILL FOR AN ACT ENTITLED: "AN ACT REVISING LAWS RELATED TO MARRIAGE TO PROVIDE FOR 4 MARRIAGE BETWEEN PERSONS OF THE SAME SEX; AMENDING SECTIONS 40-1-103 AND 40-1-401, MCA; 5 AND PROVIDING AN IMMEDIATE EFFECTIVE DATE." 6 7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: 8 9 Section 1. Section 40-1-103, MCA, is amended to read: 10 "40-1-103. Formalities. Marriage is a personal relationship between a man and a woman two persons 11 arising out of a civil contract to which the consent of the parties is essential. A marriage licensed, solemnized, 12 and registered as provided in this chapter is valid in this state. A marriage may be contracted, maintained, 13 invalidated, or dissolved only as provided by the law of this state." 14 15 Section 2. Section 40-1-401, MCA, is amended to read: 16 "40-1-401. Prohibited marriages -- contracts. (1) The following marriages are prohibited: 17 (a) a marriage entered into prior to the dissolution of an earlier marriage of one of the parties; 18 (b) a marriage between an ancestor and a descendant or between a brother and a sister, whether the 19 relationship is by the half or the whole blood, or between first cousins; and 20 (c) a marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship 21 is by the half or the whole blood; 22 (d) a marriage between persons of the same sex. 23 (2) Parties to a marriage prohibited under this section who cohabit after removal of the impediment are 24 lawfully married as of the date of the removal of the impediment. 25 (3) Children born of a prohibited marriage are legitimate. 26 (4) A contractual relationship entered into for the purpose of achieving a civil relationship that is 27 prohibited under subsection (1) is void as against public policy." 28 29 NEW SECTION. Section 3. Effective date. [This act] is effective on passage and approval. 30 - END - 31 - 1 - Authorized Print Version - HB 282