Christian Coalition Protests Decision Court Strikes Down Montana’s Law Against Homosexual Sex

A court order striking down Montana’s law against homosexual sex removes a measure of protection for society, the state executive director of the Christian Coalition said Sunday.

Laurie Koutnik said the law declared invalid last week by a Helena judge was a necessary health and safety statute.

District Judge Jeffrey Sherlock struck down Montana’s law that prohibited private sex between consenting adults of the same gender. The law violates the state constitution’s guarantee of privacy, he said Friday in ruling on a lawsuit filed by gay-rights activists.

“Since plaintiffs’ activities do not harm anyone, it is hard to understand why anyone needs to be concerned with what these people do in private or why anyone would want to deny them the privacy to conduct their activities in a way that does not affect anyone else,” Sherlock said.

But Koutnik said gay sex, even when private and consensual, does affect other people through outcomes such as disease with broad social ramifications.

“This is an area where what consenting adults do in private does inflict harm on society,” she said.

She also said the law’s lack of enforcement, pointed out by Sherlock, is beside the point.

“The fact that this law is on the books has kept this (homosexual) behavior from being flagrantly exhibited in society,” she said in an interview. Because it has had an inhibiting effect, the law has provided a margin of safety against risks associated with homosexual acts, Koutnik said.

Striking down the law is a step in meeting the goals of a national gay-rights platform, she added.

“They are pushing for expanded rights,” she said. “They are going to continue to portray themselves as victims. …

“With all due respect to Judge Sherlock, I believe his decision demonstrates a total disregard for the will of the people of Montana,” Koutnik said, noting legislators had been asked to change the law but let it stand.

Arlette Randash of Helena, representing the Eagle Forum, said she is extremely disappointed with Sherlock’s decision.

“It is one more example of the will of the people being circumvented,” Randash said. “In the end, the very people it is protecting will be hurt by it.”

She said legalizing sodomy will lead kids to experiment with promiscuity and will increase AIDS among young people.

But gay activists praised the judge’s decision Saturday.

Officials in the state attorney general’s office could not be reached over the weekend for comment about a possible appeal.

Sherlock noted Montana has laws against non-consensual sex, sex in public and sex involving minors. Those types of behavior still are punishable, he said.