1. ratbastard says

    LOL. It’s funny how no one ever challenged being arrested under such law. The arrest of course would have been thrown out, and high courts would have nullified the law. Presumably very few if any have been charged with the ‘crime’ for a long time, now, although it’s the type of law that can be used to harass.

    The states all have bizarre, archaic laws still technically on the books. This is especially true of the states that made up the original British colonies. There are laws in my state, Massachusetts, still on the book, dating from the 1600s. All I can say is you better not swear at your parents in Massachusetts or spy on your master and mistress in their chambers.

  2. MaryM says

    Nice that they are doing this.

    But their time would be better spent trying to introduce marriage equality and ENDA.

    This is a nice PR gesture but meaningless in practical day to day terms.

  3. Jere says

    Shouldn’t part of a US Supreme Court decision that such laws are unconstitutional be that the laws automatically come off the books in all states that have them? If not, what is the point of a Supreme Court decision? Sure some Montanan could challenge the law and go to court over it, but, if the US Supreme Court has already decided this, what’s the point? Montana legislators should not have had to waste their time on this “debate.”

  4. Francis #1 says

    Marriage equality has no chance of passing in Montana at this time. Let’s be realistic. Over 1/3 of Montana politicians want to keep homosexuality technically illegal and this bill *barely* passed being moved out of committee to get to this point where it’s looking likely to be passed. But hopefully this is the start of some positive momentum out of the state on LGBT issues.

  5. Francis #1 says

    The SCOTUS decision rendered these bans unconstitutional and effectively unenforceable but that didn’t change the language in the state constitutions of states that still have sodomy bans. Virginia, for example, just ruled their state sodomy ban was unconstitutional and Ken Cuccinelli’s appeal of that decision was denied, but it’s still on the books. And there are cases of people being prosecuted and harassed by police with the sodomy ban evoked as reason.

  6. anon says

    This is what you call a ‘free vote’. You get to politically grandstand with no consequences either way.

    These laws stay on the books in the vain hope the supreme court will reverse itself. It’s also a form of political protest against rulings you don’t like.