Montana GOP Policy: Make Homosexuality Illegal
At a time when gays have been gaining victories across the country, the Republican Party in Montana still wants to make homosexuality illegal.
The party adopted an official platform in June that keeps a long-held position in support of making homosexual acts illegal, a policy adopted after the Montana Supreme Court struck down such laws in 1997.
The fact that it's still the official party policy more than 12 years later, despite a tidal shift in public attitudes since then and the party's own pledge of support for individual freedoms, has exasperated some GOP members.
"I looked at that and said, 'You've got to be kidding me,'" state Sen. John Brueggeman, R-Polson, said last week. "Should it get taken out? Absolutely. Does anybody think we should be arresting homosexual people? If you take that stand, you really probably shouldn't be in the Republican Party."
Gay rights have been rapidly advancing nationwide since the U.S. Supreme Court struck down Texas' sodomy law in 2003's Lawrence v. Texas decision. Gay marriage is now allowed in five states and Washington, D.C., a federal court recently ruled the military's "don't ask, don't tell" policy unconstitutional, and even a conservative tea party group in Montana ousted its president over an anti-gay exchange in Facebook.
But going against the grain is the Montana GOP statement, which falls under the "Crime" section of the GOP platform. It states: "We support the clear will of the people of Montana expressed by legislation to keep homosexual acts illegal."
Montana GOP executive director Bowen Greenwood said that has been the position of the party since the state Supreme Court struck down state laws criminalizing homosexuality in 1997 in the case of Gryczan v. Montana.
Nobody has ever taken the initiative to change it and so it's remained in the party platform, Greenwood said. The matter has never even come up for discussion, he said.
"There had been at the time, and still is, a substantial portion of Republican legislators that believe it is more important for the Legislature to make the law instead of the Supreme Court," Greenwood said.
Critics say the policy is a toothless statement, the effect of which is simply to make gays feel excluded. A University of Montana law professor says Montana's 1997 case and the U.S. Supreme Court's Lawrence decision means there's no real chance for the state GOP to act on its position.
"To me, that statement legally is hollow," said constitutional specialist Jack Tuholske. "The principle under Gryczan and under Lawrence, that's the fundamental law of the land and the Legislature can't override the Constitution. It might express their view, but as far as a legal reality, it's a hollow view and can't come to pass."
Montana Human Rights Network organizer Kim Abbott said the GOP platform statement does not represent the attitudes of most Montanans, and it shows that the party is out of touch with the prevalent view of the people they are supposed to represent.
"It speaks volumes to the lesbian and gay community how they are perceived by the Republican Party," Abbott said. "It would be nice if Republicans that understand that gay people are human beings would stand up and say they don't agree with that. But I don't know how likely that is."
Brueggeman suspects that the vast majority of the party believes, as he does, that the Republican party should remove statement. It's against every conservative principle for limited government and issues like this exemplify how a political party can interfere with the relationship between lawmakers and their constituents.
"I just hope it's something that's so sensitive that people don't want to touch it," he said. "Even if there wasn't a Supreme Court decision, does anyone really believe that it should be illegal?"
© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The party adopted an official platform in June that keeps a long-held position in support of making homosexual acts illegal, a policy adopted after the Montana Supreme Court struck down such laws in 1997.
The fact that it's still the official party policy more than 12 years later, despite a tidal shift in public attitudes since then and the party's own pledge of support for individual freedoms, has exasperated some GOP members.
"I looked at that and said, 'You've got to be kidding me,'" state Sen. John Brueggeman, R-Polson, said last week. "Should it get taken out? Absolutely. Does anybody think we should be arresting homosexual people? If you take that stand, you really probably shouldn't be in the Republican Party."
Gay rights have been rapidly advancing nationwide since the U.S. Supreme Court struck down Texas' sodomy law in 2003's Lawrence v. Texas decision. Gay marriage is now allowed in five states and Washington, D.C., a federal court recently ruled the military's "don't ask, don't tell" policy unconstitutional, and even a conservative tea party group in Montana ousted its president over an anti-gay exchange in Facebook.
But going against the grain is the Montana GOP statement, which falls under the "Crime" section of the GOP platform. It states: "We support the clear will of the people of Montana expressed by legislation to keep homosexual acts illegal."
Montana GOP executive director Bowen Greenwood said that has been the position of the party since the state Supreme Court struck down state laws criminalizing homosexuality in 1997 in the case of Gryczan v. Montana.
Nobody has ever taken the initiative to change it and so it's remained in the party platform, Greenwood said. The matter has never even come up for discussion, he said.
"There had been at the time, and still is, a substantial portion of Republican legislators that believe it is more important for the Legislature to make the law instead of the Supreme Court," Greenwood said.
Critics say the policy is a toothless statement, the effect of which is simply to make gays feel excluded. A University of Montana law professor says Montana's 1997 case and the U.S. Supreme Court's Lawrence decision means there's no real chance for the state GOP to act on its position.
"To me, that statement legally is hollow," said constitutional specialist Jack Tuholske. "The principle under Gryczan and under Lawrence, that's the fundamental law of the land and the Legislature can't override the Constitution. It might express their view, but as far as a legal reality, it's a hollow view and can't come to pass."
Montana Human Rights Network organizer Kim Abbott said the GOP platform statement does not represent the attitudes of most Montanans, and it shows that the party is out of touch with the prevalent view of the people they are supposed to represent.
"It speaks volumes to the lesbian and gay community how they are perceived by the Republican Party," Abbott said. "It would be nice if Republicans that understand that gay people are human beings would stand up and say they don't agree with that. But I don't know how likely that is."
Brueggeman suspects that the vast majority of the party believes, as he does, that the Republican party should remove statement. It's against every conservative principle for limited government and issues like this exemplify how a political party can interfere with the relationship between lawmakers and their constituents.
"I just hope it's something that's so sensitive that people don't want to touch it," he said. "Even if there wasn't a Supreme Court decision, does anyone really believe that it should be illegal?"
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1. Keep religious opinions to yourself, especially if it's hate, and PLEASE, just please, if you do, don't act as if it's fact to everyone.
2. Homosexuality is none of your business, so quit snooping. It has no negative effect on your life unless you let it.
3. Homosexuality is not a choice. If you think it is, you obviously haven't done your research. Sexuality is more complex than you think, so your assumptions don't work.
4. Hate against homosexuality and willingness to degrade homosexual people just goes to show what an ignorant, hateful, bigoted, disgusting person you really are. Whether it's sin or not, that way of taking on the issue, especially on a religious basis is very unChrist-like.
Your guys' hate is the reason why so many LGBT teenagers struggle, some even leading themselves to suicide. It's the reason why homosexual teens are four times more likely to be suicidal, and eight times more if they have unaccepting parents.
Come on my christain brothers and sisters how are we going to work on restoring families instead of fighting gays?
So, what will happen? Send 'em to jail? Take away their cigarettes?
What about a speeder flipping the bird at a same gender officer? Will this law cover that?
Never ceases to amaze me the kind of garbage politicians can put out.
To my knowledge the voters of Montana did not vote for banning homosexuality. If you didn't know that, you would assume that they had and that this is why the Republican party put it in its platform.
I don't know why this was even put in their platform except some people in the Republic party didn't like the fact that the Montana Supreme Court struck down sodomy laws. I think people in Montana are more concerned about jobs, the economy and other things than they are about what their neighbor's sexual preference is.
Anyone who thinks like that, is a nut case.
That was a cute load of BS. Did you think that up all by yourself?
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No DOOFUS.
He was actually pretty close to the mark.