Montana Senate moves to take Gay Sex Ban off Books

montana

The Republican controlled Montana State Senate has approved a measure that would take its antiquated anti-gay sex law off its books.

According to The Billings Gazette, The Senate backed the plan 38-10 in an initial vote.”  The law is no longer enforceable, thanks to a 2003 Supreme Court ruling. The effort has bi-partisan support.

Idaho, meanwhile, continues to have a little known sodomy law of its own on the books. It’s one of the last 14 states to do so.

While not same-sex specific, according to Sodomy.org, “Idaho takes a strong stance against consensual sodomy between adults with 18-6605 which it calls “the infamous crime against nature”. The penalty for a successful conviction is “not less than five years”.

Married couples practicing sodomy in private may be constitutionally protected from being convicted of “the infamous crime against nature” after State v. Holden, 126 Idaho 755, 890 P.2d 341 (Ct. App. 1995).

Felatio is included as a banned act covered by the description of “the infamous crime against nature”. [State v. Brashier, 127 Idaho 730, 905 P.2d 1039 (Ct. App. 1995)] [State v. Izatt, 96 Idaho 667, 534 P.2d 1107 (1975)]

Penetration is required as legally complete the act of sodomy by Idaho code section 18-6606.

The Montana legislature is also currently considering extending anti-discrimination protections to include sexual orientation and gender identity.

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2 Responses to Montana Senate moves to take Gay Sex Ban off Books

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