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?"

[mygaypride13]

this is crazy no one should have to sneak around and love someone illegally i really hope this law isnt passed and i will be doing something about it this is bull **** and if this law is passed you can garentee a riot and protesting even now so watch out after i read this article and started reserching what some people go throught in country and states that have this law i balled my eyes out no one should be introuble for love LOVE IS NEVER WRONG PEOPLE SO IF YOU WANNA MESS WITH ME GO FOR IT BUT WATCH YOUR BACK UGH THIS PISSES ME OFF SOOOOOOOOOOOO MUCH!!!!!!!!!!!!!!!!!!!!!!

[samperry21]

Wow, so many disgusting comments. Shame on so many of you ignorant people.

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.

[jimjaming]

I am so glad jesus died on the cross to save me and you and gay people from sin. remember he said he without sin cast the first stone. also remember he wants us to love. God loves everyone the fornicators the murders and yes the gay people too. Sin is living together unwed, having children out of wedlock and yet it does not get the same attention as being gay ? I see the argument for families yet cross out gays and what do you see for famlies . How many children are born without 2 parents in the home ? How many grandparents are raising children ? Stand up and put up a fight that really means something we should be working on the probelm of unwed moms and men walking away from their children thats a real probelm.
Come on my christain brothers and sisters how are we going to work on restoring families instead of fighting gays?

[newmark3]

This is about God's principle racism has nothing to to with this. If God intended for the same sex to be together he would have said it when he created the world. Racism is a part of hatred and sin, homosexuality is a part of sin it is and abomination to what God's principles stands for, we need to keep the two separated.

[klewt]

Those are your RELIGIOUS views. They have no place in secular civil law. That is what sets this country apart from Iran, and others that are ruled by religious fanatics. Separation of church and state is crucial to the rights of all Americans.

[jimjaming]

I am so glad jesus died on the cross to save me and you and gay people from sin. remember he said he without sin cast the first stone. also remember he wants us to love. God loves everyone the fornicators the murders and yes the gay people too. Sin is living together unwed, having children out of wedlock and yet it does not get the same attention as being gay ? I see the argument for families yet cross out gays and what do you see for famlies . How many children are born without 2 parents in the home ? How many grandparents are raising children ? Stand up and put up a fight that really means something we should be working on the probelm of unwed moms and men walking away from their children thats a real probelm.

[zippiez]

Will this apply to prisoners?
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.

[CMachayla]

I think it's sad that we have come a long way towards eliminating racism and sexism, yet we just can't cross one more bridge together. Life is too short to hide who you are, and if we can't live and breathe as ourselves, then this is not the United States I have come to love all my life - it's a pure travesty!!!

[NASCARLUCY]

How would you enforce such a law? You really couldn't because no one straight or gay if they are in their right mind is going to engage in sexually activity where everyone can see them. Unenforceable law unless you have cameras put into every bedroom in Montana and have someone monitoring it 24.7. You would have to really violate someone's rights to enforce that law. You couldn't just arrest someone because someone else said they were gay. You would have to prove it or prove that someone engaged in this activity (someone would have to witness it).


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.

[tsigili]

That is so stupid, it doesn't even merit a comment.

Anyone who thinks like that, is a nut case.

[P0ST1ING_AWAY]

by gruven13777 September 19, 2010 10:55 AM EDT
That was a cute load of BS. Did you think that up all by yourself?
================================================================
No DOOFUS.
He was actually pretty close to the mark.

[mecanik-2009]

Homosexuality is simply a behavior that show how debased our society has become. Your not "born" that way. You've chosen to follow your inner feelings that all of us have and that is to sin. It's simply a matter of overcoming those inner feeling and acting responsibly about life. But in no way do I believe it should be illegal to engage in those activities as that would be an attempt to legislate morality. My morals are different then yours and yours different then mine. Consenting adults should be able to do what they want as long as it's in the privacy of there own home but I also believe society has the right to legislate openly offensive behavior that is extremely offensive to others such as sexual contact in public or masturbation in public. This is universally excepted as vulgar behavior.

[documemts]

Stop mixing stuff that's not on topic. Talk to the subject.