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It’s still illegal to have gay sex in Montana, years after Supreme Court ruling

Friday, March 18, 2011

HELENA, Mont. — A Montana legislative committee on Friday killed a bill that would have decriminalized homosexual sex.

The bill, introduced Wednesday in the House Judiciary Committee by State Senator Tom Facey (D-Missoula), would have removed language from Montana Code which defines “deviate” sexual relations as sexual contact or sexual intercourse between two persons of the same sex.

Via the Montana Capitol Report:

This bill would remove the outdated language in our criminal code that makes homosexual acts a felony. This law has already been ruled unconstitutional by the Montana Supreme Court and similar laws have been ruled unconstitutional by the U.S. Supreme Court.

By all rational accounts, this bill should have been easy, since it only cleans up our criminal code to fit the current law. Unfortunately, all but one of the Republicans on this committee allowed their personal biases to overrule their respect for the rule of law and they voted to kill this bill.

Throughout Wednesday’s hearing on the bill, GOP members constantly equated homosexuality with bestiality and pedophilia. In fact, one opposing witness of the bill went so far as to say all pedophiles are either gay or bisexual.

Proponents of the bill, who have worked multiple legislative sessions, said that this hearing was the most disgusting hearing they have seen in their years at the Capitol.

The bill previously passed the Senate in a 35-14 vote.

In 1997, the Montana Supreme Court struck down the state’s sodomy law, ruling that sexual activity between consenting adults of the same-gender would no longer be illegal.

The Montana ruling came six years prior to the 2003 landmark U.S. Supreme Court decision, Lawrence v. Texas, which struck down that state’s sodomy law, and invalidated similar laws across the country.

Yet 15 years later, the law criminalizing homosexual acts remains in Montana’s criminal code, even though it is unenforceable.

Meanwhile, there was plenty of homophobia to go around in the Montana legislature on Friday…

In the state Senate, a bill that would prohibit local municipalities from enacting ordinances that include sexual orientation and gender identity as protected classes from discrimination, passed its first hurdle.

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Filed under: Montana

32 more reader comments:

  1. Legal or not, they won’t stop gay couples from using handcuffs on each other.

    Posted on Friday, March 18, 2011 at 11:09pm
  2. I know what I’m doing this summer!!!!!!!!!!

    Posted on Friday, March 18, 2011 at 11:09pm
  3. This is absolutely preposterous!! Most pedophiles and sex offenders are heterosexual!! F*** Montana no one wants to go there anyway!!

    Posted on Friday, March 18, 2011 at 11:11pm
  4. Hahahahagaahahahhahaaahahahahahahahahahahahahahahahahhaahhahha

    That’s
    :ahem:
    ass backwards.

    Posted on Friday, March 18, 2011 at 11:11pm
  5. It doesn’t matter, even if the law is still on their books they cannot enforce it. Federal govt beats state govt everytime

    Posted on Friday, March 18, 2011 at 11:12pm
  6. Hmm… I think I’m going to Montana…any girls want to join me? ;D

    Posted on Friday, March 18, 2011 at 11:12pm
  7. this just in, the national guard has flooded montana, led by their pink and plaid squadrons who are sensually changing the world for the better

    Posted on Friday, March 18, 2011 at 11:12pm
  8. Wow, really? That is shocking. Goodness.

    Posted on Friday, March 18, 2011 at 11:15pm
  9. hmm.. i think i’ll go to Montana Just to Have Gay sex now!!

    Posted on Friday, March 18, 2011 at 11:19pm
  10. Special task force – assembled just for busting gay sex. They’ll have to soooo deep….. undercover. No leaks…. within the department….. to blow….. their cover. They won’t waste their time busting ever small sex act. Rather, build a big case worth the prosecution effort. By then, so much oral sex and making out will have taken place amongst gay men in Montana. All while str8 cops WATCHED and listened in surveillance. Hating every minute of it.

    Posted on Friday, March 18, 2011 at 11:20pm
  11. Montana bucket list here i come!… i see it on my Record “Incarcerated due to sexual relations of the homosexual kind” lmfao Get out of here homophobic back water cousin humpin hippocrits!

    Posted on Friday, March 18, 2011 at 11:20pm
  12. “But Sgt, their going down on each other right now. I need to move in while the action is still hot…” — “Negative, I need clear signs of penetration, or else the judge won’t like it.”

    Posted on Friday, March 18, 2011 at 11:26pm
  13. Without hard evidence, it’s really tough to enforce these laws.

    Posted on Friday, March 18, 2011 at 11:34pm
  14. Two Inmates Cuddling In Their Cell:
    Inmate #1
    “So…. what are you in for….”
    Inmate #2
    “This….”

    Posted on Friday, March 18, 2011 at 11:45pm
  15. Lmaoooo @ Rika
    Rotflmao @ “clear signs of penetration”…..it’ll b to hard to prove anything ur right!

    Posted on Friday, March 18, 2011 at 11:46pm
  16. OMG. Doesn’t anyone get it? Have been to Billings & Bozeman. Just those representatives trying to sway people away from what they did with the cattle! So easy to figure!

    Posted on Friday, March 18, 2011 at 11:59pm
  17. Love will provail. In the end. No one can stop that from happening :) so people if you live in montana keep doing what you need to do :D

    Posted on Saturday, March 19, 2011 at 12:08am
  18. Can we all get an “Amen” or “Affirmation”? Life is GOOD!

    Posted on Saturday, March 19, 2011 at 12:57am
  19. in pennsylvania its against the law to sleep on top of a refrigerator in an abandoned lot. some laws are wrote to shut up nancy-do gooders. i dont see law enforcement wasting money on the homos. not with all the pot smokers that are ruining our country. thats what my petophile neighbor said as he watched the local children get on the school bus. some people just need to sort out their priorities.

    Posted on Saturday, March 19, 2011 at 12:59am
  20. They climbin’ in yo windows, snatchin’ yo lovers up?

    Posted on Saturday, March 19, 2011 at 1:07am
  21. Gay ‘Proud’, please, go back to elementary school. Kthnx. I’m a pot smoker, and I’m hell of a lot smarter than you.

    Posted on Saturday, March 19, 2011 at 1:15am
  22. Hide yo kids, hide yo wife….hide yo husband too. Lmao. Huu-Quyen Ngo is officially my hero btw. Hahaha. There shouldn’t be ne debate about this in the first place. The law already can’t be enforced so taking it off the books does nothing except prevent them from looking like idiots for even longer. Lol

    Posted on Saturday, March 19, 2011 at 1:37am
  23. and this is the reason why the rest of the world is laughing at us >..<

    Posted on Saturday, March 19, 2011 at 2:38am
  24. As a Montana native, I see nothing surprising about this. Haters gonna hate. Have fun, haters, with the Montana and Federal Supreme Court disagreeing with you.

    Posted on Saturday, March 19, 2011 at 2:41am
  25. no wonder no one fucking lives in montana. fuck you montana.

    Posted on Saturday, March 19, 2011 at 2:53am
  26. where is this montana that you speak of

    Posted on Saturday, March 19, 2011 at 6:04am
  27. Montana must have noticed Kansas do the same thing 2 weeks ago..

    These are all easy cleanup Bills- It continues to prove that the elected officials on the Right continue to Pander to the FAR RIGHT…which is their base…The point isn’t that the law in unenforceable, it is that they symbolically leave it on the books…if it UNCONSTITUTIONAL..GET IT OFF THE BOOKS- especially laws that VIOLATE OUR RIGHTS!

    Posted on Saturday, March 19, 2011 at 6:21am
  28. That’s bizarre. Ok so, let’s all go to Montana and have some gay sex! That’ll show ‘em.

    Posted on Saturday, March 19, 2011 at 6:31am
  29. We need to change this!

    Posted on Saturday, March 19, 2011 at 9:01am
  30. Hehe, that cracked me up. Doing hard time?

    Posted on Sunday, March 20, 2011 at 3:52pm
  31. Yeah- it’s hard for us out here in Montana. Check out my take on the thing at From Eternity to Here:

    http://dgsma.wordpress.com/2011/03/21/newsflash-mt-gop-hates-human-rights-and-lgbt-people/

    Posted on Monday, March 21, 2011 at 7:18pm
  32. What I do in my bedroom is my own business.

    Posted on Monday, March 21, 2011 at 8:40pm