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Sexual Conduct

Montana Supreme Court Hears Arguments on Gay Sex

Published in Sex Weekly Plus, April 28th, 1997

The Montana Supreme Court heard arguments challenging the state's deviant sexual conduct law, which bans homosexual sex, but took no immediate action.

A primary question is: If the Montana Constitution protects heterosexual sex, how can it not also protect homosexual sex'

That and other questions came before the court in oral arguments in the case of Gryczan vs. State of Montana, which was filed in 1993 by six homosexual Montanans.

District Judge Jeffrey Sherlock of Helena ruled the law unconstitutional in February 1996. Attorney General Joe Mazurek, with agreement from Gov. Marc Racicot, appealed that decision.

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