Representative Zephyr urges repeal of Montana’s constitutional same-sex marriage ban; committee hears dozens of proponents

Representative Zoe Zephyr opened House Bill 798 as a proposed constitutional amendment to repeal Montana’s ban on same-sex marriage and explained the measure would proceed to voters if passed by the legislature. Zephyr walked the committee through Montana’s history — same-sex acts decriminalized in 1997, a 2004 constitutional amendment that banned same-sex marriage, and subsequent federal and state court rulings that rendered the ban unenforceable — and argued the amendment is both symbolic and practical: it would remove outdated language and avoid future legal confusion.

Dozens of proponents testified in two-minute slots. Their testimony included personal accounts of marriage, hardships under the prior legal regime, medical and inheritance complications when marriages were not recognized, and economic and social arguments for clarity in state law. The ACLU’s Henry Seaton highlighted alignment with federal law and possible economic benefits for wedding and tourism businesses; several faith leaders and civic organizations also supported returning the question to voters.

Opponents, including counsel for the Montana Family Foundation, argued the ban protects the traditional family and cited studies claiming adverse outcomes for children raised in same-sex households. Representative Zephyr rebutted the opposition by noting those studies were not peer-reviewed and by pointing to national polling showing majority support for marriage equality. She asked the committee to send the constitutional question to Montana voters.