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Legal Issues

State Battles To Keep Gay-Sex Ban

Published in AIDS Weekly, August 5th, 1996

Montana should reinstate its ban on gay sex, a law that has never been enforced and doesn't violate personal privacy, Montana's attorney general said to the state Supreme Court.

The appeal by Joe Mazurek, Montana Attorney General, is against a February 1996 ruling by a district judge in Helena that struck down the Montana law making sex between homosexuals a felony. The ruling came in a lawsuit by six gay people in 1995 who argued the "deviate sexual conduct law" was unconstitutional.

"These kinds of questions, such as whether same sex sexual contact should be legal, are difficult policy questions that should be left to the Legislature and not...

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