Montana Sodomy Reform Hearing
PlanetOut
News, January 30, 2001
Montana’s "deviate sexual conduct" law against homosexual acts
was made unenforceable when the Montana Supreme Court unanimously ruled it
unconstitutional in 1997, but it remains on the books as a felony punishable
by up to ten years in prison and a fine up to $50,000 — and both its
opponents and its supporters agree it still has meaningful social impact. In
fact, for the first time ever a "family impact statement" (as
provided for in a law passed two years ago) was requested by Representative
Bill Thomas (R-Hobson) as the Montana House Judiciary Committee heard
testimony January 29 on Representative Tom Facey’s (D-Missoula) HB 323 to
reform the deviate sexual conduct law.
Bozeman gay Jeremy Stockstad described his personal experience of how his
former wife was able to use the law to limit his visitation with their
children. Among those joining his call for reform was Linda Gryczan, who was
one of the plaintiffs in the Montana Supreme Court case; the head of the gay
and lesbian civil rights group PRIDE; the American Civil Liberties Union of
Montana and the Montana Human Rights Network; and the Montana Attorney General’s
office, whose representative said that it’s confusing to police and
prosecutors and very rare to keep a law on the books once it’s been
overturned.
Representative Verdell Jackson (R-Kalispell), who did not hesitate to
express his personal discomfort around gays, held up a copy of the children’s
book Daddy’s Roommate and declared that the sodomy law had helped to keep it
out of schools, and added, "I also think it protects me from propositions
on the street." Christian Coalition of Montana executive director Julie
Millam said, "We believe this [1997 Montana Supreme Court] ruling is in
error and will ultimately be overturned for its capriciousness," while
also warning that its repeal could open schools to homosexual sex education
and the spread of disease. Others objecting to reform on the basis of morality
and religion included the group Montana Citizens for Decency Through Law.
The executive branch will develop the "family impact statement,"
which is prescribed to include not only any detrimental or strengthening
effects on families and an estimate of the number of families affected, but
also "whether the bill sends a message to parents, children, or both,
regarding personal responsibility and the norms of society." The
Judiciary Committee took no action, although several Democrats made clear
their support for reform and several Republicans their opposition.
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