49-1-102. Freedom from discrimination. (1) The right to be free from discrimination because of race, creed, religion, color, sex, as defined in 1-1-201, physical or mental disability, age, or national origin is recognized as and declared to be a civil right. This right must include but not be limited to:

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Terms Used In Montana Code 49-1-102

  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201

(a)the right to obtain and hold employment without discrimination; and

(b)the right to the full enjoyment of any of the accommodation facilities or privileges of any place of public resort, accommodation, assemblage, or amusement.

(2)This section does not prevent the nonarbitrary consideration in adoption proceedings of relevant information concerning the factors listed in subsection (1). Consideration of religious factors by a licensed child-placing agency that is affiliated with a particular religious faith is not arbitrary consideration of religion within the meaning of this section.