Montana Still Trying to Legalize Gay Sex

<a href="http://www.shutterstock.com/cat.mhtml?lang=en&search_source=search_form&version=llv1&anyorall=all&safesearch=1&searchterm=montana&search_group=#id=19788541&src=B16416EC-7B78-11E2-AF24-FBE6ACE6966E-1-29">Katherine Welles</a>/Shutterstock; photo illustration by Tim Murphy

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


On Wednesday, by a 38 to 11 vote*, the Montana state Senate passed SB 107, a bill to “generally revise deviate sexual conduct laws.” Put another way: They voted to decriminalize homosexuality.

Although the 2002 Supreme Court case Lawrence v. Texas ruled that state laws prohibiting sodomy are unconstitutional, the effect has been slow to sink in. Montana is one of four states, along with Kansas, Oklahoma, and Texas, that still have laws on the books specifically outlawing gay sex. Ten more states—Idaho, Utah, Michigan, Virginia, North Carolina, South Carolina, Louisiana, Mississippi, Alabama, and (obviously) Florida—maintain a blanket prohibition on sodomy for persons of all sexual orientations.

The laws have stayed on the books partly because of institutional inertia; culling unenforceable laws isn’t exactly the most urgent issue facing cash-strapped states. But when advocates have generated legislative momentum to repeal the sodomy statutes, they’ve invariably been thwarted. As I reported in 2011, lawmakers in Texas have repeatedly sought to purge the state’s anti-sodomy law from the books without success. (It likely doesn’t help matters that GOP Gov. Rick Perry believes Lawrence was wrongly decided.) In 2012, Kansas Gov. Sam Brownback, also a Republican, formed an Office of the Repealer to delete unnecessary laws from the state books, but pointedly left out his state’s invalidated ban on sodomy.

This isn’t the only notable LGBT legislation up for consideration. Another bill before the legislature would extend the state’s anti-discrimination protections to gays and lesbians for the first time—a more substantive reform that advocates hope would serve as a bulwark against bullying.

But neither proposal stands much chance of becoming law in 2013. As the Billings Gazette notes, a bill to eliminate the sodomy statute passed the Senate in 2011 only to fail in the house. “We are expecting this bill to go to House judiciary, which is a very ideologically driven committee, and we expect it to die in that committee,” says Jamee Greer, a lobbyist for the Montana Human Rights Network, an LGBT equality group. “They’re not showing a lot of respect to the LGBT community and I don’t expect them to pass 107.”

*Among the 10 Republicans voting against it: This guy.

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We've never been very good at being conservative.

And usually, that serves us well in doing the ambitious, hard-hitting journalism that you turn to Mother Jones for. But it also means we can't afford to come up short when it comes to scratching together the funds it takes to keep our team firing on all cylinders, and the truth is, we finished our budgeting cycle on June 30 about $100,000 short of our online goal.

This is no time to come up short. It's time to fight like hell, as our namesake would tell us to do, for a democracy where minority rule cannot impose an extreme agenda, where facts matter, and where accountability has a chance at the polls and in the press. If you value our reporting and you can right now, please help us dig out of the $100,000 hole we're starting our new budgeting cycle in with an always-needed and always-appreciated donation today.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate