HELENA – The Montana House endorsed a bill Tuesday that would repeal an obsolete state law criminalizing gay sex, following a vote to bypass the committee that tabled the measure.
The Senate approved the measure earlier this legislative session, but Senate Bill 107 became stuck in the House Judiciary Committee when the Republican-controlled panel tabled it.
Rep. Bryce Bennett, D-Missoula, led the effort to take the bill out of committee and place it on the House floor for a vote. Even though a 1997 Montana Supreme Court decision struck down the law, the bill would finally remove hurtful language from the books that treats gay people as criminals, he said.
“This bill … is not about a lifestyle,” Bennett said. “It’s just about protecting the privacy of two adults.”
The measure sparked an emotional debate from Republicans including Duane Ankney of Colstrip, a bill supporter who asked the Legislature to remove the language because it infringes upon individuals’ rights.
He called the current law an “embarrassment,” and said it “should go away … as quietly as it came.”
A similar measure died in the Republican-controlled House two years ago after receiving the Senate’s approval, but on Tuesday, the House gave its initial approval with 25 Republican votes tacked on to the Democrats’ 39.
Some Republicans who fought the bill’s passage argued it would encourage gay relationships to be flaunted in classrooms. They also cited religious reasons.
After asking Bennett what the purpose of sex was, Rep. Dave Hagstrom, R-Billings, said although he didn’t have homophobic feelings, gay sex is abnormal.
Hagstrom said that the primary purpose of sex is to reproduce, and “sex that doesn’t produce people is deviant.”
The measure received the House’s initial approval in a 64-36 vote. It needs to pass a final vote before facing Democratic Gov. Steve Bullock.
Stay Connected with the Daily Roundup.
Sign up for our newsletter and get the best of the Beacon delivered every day to your inbox.