Montana Supreme Court Overturns Ban on Gay Sex

By BOB ANEZ Associated Press Writer

HELENA, Mont. (AP) The Montana Supreme Court threw out a
24yearold ban on homosexual sex Wednesday, concluding
government has no business meddling in the sexual activity of
consenting adults.

Although no one has been prosecuted under the law, a 1993 lawsuit
by six homosexuals claimed that gays and lesbians live in fear of
being charged with a crime and that takes a emotional and
psychological toll.

District Judge Jeffrey Sherlock of Helena agreed in February 1996,
and the the Supreme Court on Wednesday rejected all of the state's
arguments on appeal.

Five other states Arkansas, Kansas, Maryland, Missouri and
Oklahoma still outlaw gay sex, said Linda Mangel, an attorney for
the Northwest Women's Law Center in Seattle.

The Montana law violates the right to privacy guaranteed in the
state's Constitution, the court said.

While society may not approve of gay sex, ``there are certain rights
so fundamental that will not be denied to a minority no matter how
despised by society,'' Justice James Nelson wrote for the court.

Critics said the decision will undermine traditional families and
promote the spread of AIDS.

The court rejected any connection between the law and AIDS. The
law was enacted almost 10 years before the first AIDS case was
reported in Montana, and the presence of the ban has not stopped
the disease from becoming the sixthleading cause of death among
middleaged Montanans, the court said.

Copyright Los Angeles Times