This page contains state-specific research for the state of Montana:
- Christy Mallory, Brad SearsSeptember 2017Approximately 22,300 LGBT people in Montana are not explicitly protected from discrimination under state law. Adding sexual orientation and gender identity to the state's existing employment non-discrimination law would not be costly or burdensome for the state to enforce.
- By Jordan Blair Woods, Brad Sears, Christy MallorySeptember 2016“Gay panic” and “transgender panic” defenses have been asserted by defendants in criminal trials throughout the U.S. since the 1960s. In these cases, defendants have argued that their violent behavior was a rational response to discovering that the victim was LGBT. The defenses are rooted in irrational fears based on homophobia and transphobia, and send the message that violence against LGBT people is understandable and acceptable. When successful, these defenses have resulted in murder charges being reduced to manslaughter or another lesser offense. To date, only one state, California, has banned defendants from asserting gay or transgender panic defense by statute. In this brief, Williams Institute scholars present model language, based on the language adopted in California, that other states may use to eliminate use of the defenses through legislation. The model legislation offers language to prohibit defendants from using gay and trans panic defenses under each of the major defenses theories of provocation, insanity/diminished capacity, and self-defense. In addition, the brief provides an overview of the ways in which the defenses have been asserted in trials throughout the last several decades, and evaluates potential constitutional challenges to state legislation eliminating use of the defenses.
- By Andrew R. Flores, Jody L. Herman, Gary J. Gates, and Taylor N. T. BrownJune 2016Utilizing data from the 2014 Behavioral Risk Factor Surveillance System (BRFSS), which includes representative state-level surveys, Williams Institute scholars provide up-to-date estimates of the percentage and number of adults who identify as transgender in the United States. Approximately 0.6% of adults in the United States, or 1.4 million individuals, identify as transgender. The study also provides the first ever state-level estimates of the number and percentage of adults who identify as transgender for all 50 states and the District of Columbia. Differences exist in the percentage of adults who identify as transgender among the states, ranging from 0.3% in North Dakota to 0.8% in Hawaii. Differences by age also exist, with younger adults more likely to identify as transgender than older adults. An estimated 0.7% of adults ages 18 to 24, 0.6% of adults ages 25 to 64, and 0.5% of adults ages 65 and older identify as transgender.
- By Christy Mallory, Brad SearsMarch 2015About 13,400 LGBT workers in Montana are not explicitly protected from discrimination under state or federal laws. Discrimination against LGBT employees has been documented in surveys, complaints to community-based organizations, media reports, court cases, and other sources. Many corporate employers and public opinion in the state support protections for LGBT people in the workplace. If sexual orientation and gender identity were added to existing statewide non-discrimination laws, six more complaints would be filed in Montana each year. The cost of enforcing those complaints would be negligible, and would not require additional court or administrative staff.
- By Justin O'Neill, Christy Mallory, M.V. Lee BadgettOctober 2014Extending marriage to same-sex couples in Montana would generate an estimated $4.5 million in spending to the state economy. According to the 2010 U.S. Census, the most recent data available, 1,348 same-sex couples live in Montana. Of those couples, the Institute estimates that fifty percent (674 couples) would choose to marry in the first three years, a pattern that has been observed in Massachusetts and elsewhere. The marriages that would occur in the first year alone would bring about $2.9 million in revenue to the state of Montana that year.
- By Jennifer C. PizerDecember 2011Montana's 1,348 same-sex couples resemble married, different-sex couples in many ways. Like married couples, Montana's same-sex couples live throughout the state, are financially interdependent, participate in the economy, and are raising children.
- MemorandumSeptember 2009This report documents public sector employment discrimination based on sexual orientation and gender identity in Montana. The report is part of a 15 chapter study that documents a widespread and persistent pattern of unconstitutional discrimination by state governments against LGBT people.
- By Adam P. Romero, Clifford J. Rosky, M.V. Lee Badgett, Gary J. GatesApril 2008Demographic and economic information about same-sex couples and same-sex couples raising children based on data from Census 2000.