Abstract We develop a min-max theory for the construction of capillary surfaces in 3-manifolds with smooth boundary. In particular, for a generic set of ambient metrics, we prove the existence of nontrivial, smooth, almost properly embedded surfaces with any given constant mean curvature 𝑐, and with smooth boundary contacting at any given constant angle 𝜃. Moreover, if 𝑐 is nonzero and 𝜃 is not π 2 \frac{\pi}{2} , then our min-max solution always has multiplicity one. We also establish a stable Bernstein theorem for minimal hypersurfaces with certain contact angles in higher dimensions.
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