sodomy

Why Montana Won’t Yank The State’s ‘No Gay Sex’ Law Off Its Books

Rather than update its state law books to reflect the Supreme Court’s 2003 Lawrence v Texas decision or the Montana Supreme Court’s own 1997 decision in Gryczan v. State of Montana to strike down Montana’s sodomy laws (which carried a $50,000 fine and up to 10 years in prison), lawmakers in the state House instead blocked a bill that would’ve removed the language from state law. The Senate already passed its version of the bill. Why such opposition? Because according to House Judiciary Chairman Rep. Ken Peterson, a Republican attorney, the Supreme Court didn’t find the law unconstitutional, just that what adults do in their own bedrooms is protected by their right to privacy. The law, says Peterson, “should not be repealed because of situations it might apply in.”