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hyenafur

Montana Repeals Sodomy Laws Part II

I went back and did some double checking. Turns out, that the law itself doesn't repeal everything I mentioned on the list of what is now considered illegal in the state of Montana. The bill that was passed about a week ago repeals parts of the old Montana Sodomy Laws, but not all of them, even though they were deemed unconstitutional in Gryczan v. Montana (1997).

Gryczan v. Montana ruled that "Having concluded that § 45-5-505, MCA, constitutes a governmental intrusion into Respondents' right to privacy, guaranteed by Article II, Section 10 of Montana's Constitution, and finding no compelling state interest for such an intrusion, we hold that § 45-5-505, MCA, is unconstitutional as applied to Respondents and other consenting adults engaging in private, same-gender, non-commercial, sexual conduct, and we affirm the decision of the District Court."

16 years later, the Montana law did a few things, first, it re-defined Deviant Sexual Acts (the PC phrase for Sodomy). Now 45-2-101 MCA defines Deviant Sexual Acts as "any form of sexual intercourse with an animal." It removed the previous verbage "means sexual contact or sexual intercourse between two persons of the same sex..."
Further more, it changed 45-5-505; "Deviate sexual conduct. (1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.
(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both." Because of Gryczan v. Montana (1997), Part 3 of the punishment for Deviate sexual conduct has been removed. The law used to state; " (1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct. (2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both. (3) The fact that a person seeks testing or receives treatment for the HIV-related virus or another sexually transmitted disease may not be used as a basis for a prosecution under this section and is not admissible in evidence in a prosecution under this section."

So, Montana has officially legalized homosexual relationships, just so long as they don't turn into marriages, and has kept beastiality illegal.
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