Montana House Refuses To Lift Bill Repealing State Law Banning Gay Sex From Committee; State Supreme Court Ruled The Law Unconstitutional In 1997

The Billings Gazette reports that the Montana House blocked an attempt Tuesday to lift a stalled bill out of committee so representatives could debate whether to repeal the state law declaring gay sex to be illegal. The leading backer of the bill said the Montana Supreme Court, in a unanimous 1997 decision, struck down the law banning gay sex as unconstitutional, yet it remains on the state law books. A leading opponent argued that the court did not strike down the law as unconstitutional. The motion by Representative Diane Sands (Democrat-Missoula) to lift Senate Bill 276 out of the House Judiciary Committee, received 51 votes in the 100-member House but failed to secure the 60 votes needed, the final tally 51-47. The Senate passed SB276, sponsored by Senator Tom Facey (Democrat-Missoula), 35-14, but the House Judiciary Committee tabled the bill. Prior to the court ruling in 1997, gays and lesbians in Montana risked being charged with felonies and if convicted, they could have faced a maximum penalty of a 10-year prison sentence and a $50,000 fine, said Sands, who is openly gay, and who added "It's been almost 15 years since the Supreme Court ruling. It's about time we removed that language from the books. Let's bring it to the floor and debate it and take action on it." Sands said the bill is more than just repealing an antiquated law, and that "It's about the value we all place on the constitutional right to privacy and the right of members of the gay and lesbian community of Montana to not be criminals under the law." Judiciary Chairman Representative Ken Peterson (Republican-Billings),an attorney, said the Supreme Court didn't find the law unconstitutional, arguing that the ruling held that same-sex adults, in private, not-for-commercial purposes, are protected by the right to privacy. "It should not be repealed because of situations it might apply in," he said. Sands has the support of Representative Steve Gibson (Republican-East Helena) who said the issue is not about gay marriage or religion, but said that “This is about freedom, privacy, respect, personal responsibility," adding "Do you want the government in your bedroom? I don't. I'm sure everybody in the House knows someone in their family, a friend or a person that is homosexual. Do you love them? Do you respect them? I do." However, Representative Michael More (Republican-Gallatin Gateway) argued against Sands' motion, citing Scripture, natural law and "eternal law." "I would say that the protections provided in the privacy clause of the Montana Constitution, which are extensive and which we've been over numerous times in the House Judiciary Committee, the protections are sufficient," he said. In her closing statement, Sands said she knows that many representatives consider homosexuality to be a sin, which is their right, but said the court has ruled the law unconstitutional and so the language should be removed from Montana law. Sands concluded saying "You know, we are members of your family and your community," Sands said. "We sit next to you in your pew at church and in some cases we're your pastor, whether you know it or not. We care for your parents in nursing homes. We're your nieces and nephews. We fill the potholes on your streets, and we even serve beside you as members of the House and the Senate. These days we serve beside you in the House and the Senate as out members of the lesbian and gay community, partly because we were not under the threat of this law."