Montana Attorney General Vows to Uphold State Constitutional Ban on Same Sex Marriage Despite Court Ruling
Montana Attorney General Tim Fox issued the following statement in response to Wednesday's ruling by a Montana judge striking down the state's ban on same-sex marriage.
"It is the attorney general's sworn duty to uphold and defend Montana's Constitution until such time as there is no further review or no appeal can be made in a court of law. Fulfilling that duty, the state of Montana will appeal this ruling in light of the fact that there are conflicting federal court decisions and no final word from the U.S. Supreme Court."
Montana voters overwhelmingly opposed the concept of same sex marriage in 2004, when they amended the state constitution.
Initiative 96 of 2004 was a ballot initiative that amended the Montana Constitution to prevent same-sex marriages from being conducted or recognized in Montana. The Initiative passed via public referendum on November 2, 2004 with 67% of voters supporting and 33% opposing.
The text of the adopted amendment, which is found at Article XIII, section 7 of the Montana Constitution, states:
“Only a marriage between one man and one woman shall be valid or recognized as a marriage in this state.”