Gay Rights Bill Reaches House Judiciary Committee

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By Kacey Drescher

Story Published: Mar 16, 2011 at 11:23 PM MDT

Story Updated: Mar 16, 2011 at 11:23 PM MDT

HELENA - The future of a Montana law that criminalizes same-sex relations is now up to the House Judiciary Committee, while the Senate has already backed a measure that removes an obsolete state law from the books.

Over a decade ago, in the case Gryczan versus Montana, the state Supreme Court struck down a law that criminalized consensual, private homosexual acts. "I don't know anyone who believes that I belong in prison for ten years because I love a woman," said Linda Gryczan, the plaintiff in the 1997 case. "I don't know anyone who believes that the state belongs in my bedroom or belongs in yours."

Despite being regarded as unconstitutional, the language still remains in state code. However, Democratic Senator Tom Facey's Senate Bill 276 would remove the language that currently criminalizes consensual, homosexual sex. "The purpose of this bill is to recognize the dignity and rights of all Montanans," Sen. Facey said.

The current deviate sexual conduct code places those who engage in consensual same-sex acts in the same criminal category as those who have sex with animals. "Although the homosexuals and supporters deny that they have an agenda," said Dallas Erickson of the Citizens for Decency. "Unless you have been living in a hole the past two decades, you can't help but see it."

Those in opposition fear that by removing the language, it opens the door to decriminalizing same-sex crimes against children, rape, incest or molestation. But supporters said there are gender-neutral statutes already in place that criminalize any non-consensual heterosexual or homosexual crimes, and the bill doesn't alter any of these protections.

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DPS said on Friday, Mar 18 at 7:06 AM

Montana is different then the rest of the US.We have common sense,guns,ropes and rail fences to tie the perverts too.

Henry Juhala said on Thursday, Mar 17 at 1:45 PM

What century is Montana living in? Do they also not read? There already are laws on the books to help protect juveniles from predatory sexual abuse. By the way, virtually all pedophile abuse comes from straight adults and has little to do with whether a person is gay. Most importantly, the U.S. Supreme Court (SCOTUS) ruled in 2003 that laws like this are unconstitutional How can Montana say that it is even part of the USA if it blatantly ignores a ruling by SCOTUS as it has for the last 8 years? The case was Lawrence v. Texas, All the reasons why the Montana law is unconstitutional are the same as SCOTUS ruled in the Lawrence case. It is time for Montana to enter into the 21st Century.

MC said on Thursday, Mar 17 at 9:44 AM

The media has a hard time getting this story right, it appears, as it is too complicated for them. The fact is those who wrote our constitution had a law against rape and a parallel law against Deviate Sexual Conduct. Those involved in the later want to see the present law removed because “words hurt”. Words do hurt when one is guilty of what the words say. However, as was said in the hearing, “the truth will make us free”. The attempt to do away with the present law is an attempt to get rid of the truth. There is activity that is deviate and we should not let those involved in that activity try to cover that fact. A sodomy attack against a boy will cause that boy additional problems in life and they will generally question their sexuality later in life and struggle with deviate tendencies. The law should remain on the books to allow officers an additional charge against a pervert that wants to use our children in such a way.

DPS said on Thursday, Mar 17 at 6:54 AM

Yes you are criminals, for crimes against nature. And I would think you would love going to prison and be with hundreds of your own sex. It would be like a candy store.

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