You Won’t Be A Felon In Montana Much Longer

Jim Burroway

April 11th, 2013

Montana’s law currently reads: “‘Deviate sexual relations’ means sexual contact or sexual intercourse between two persons of the same sex or any form of sexual intercourse with an animal.” Section 45-5-505 then provides the penalties.

45-5-505. Deviate sexual conduct.
(1) A person who knowingly engages in deviate sexual relations or who causes another to engage in deviate sexual relations commits the offense of deviate sexual conduct.

(2) A person convicted of the offense of deviate sexual conduct shall be imprisoned in the state prison for any term not to exceed 10 years or be fined an amount not to exceed $50,000, or both.

(3) The fact that a person seeks testing or receives treatment for the HIV-related virus or another sexually transmitted disease may not be used as a basis for a prosecution under this section and is not admissible in evidence in a prosecution under this section.

That last clause suggests that the Montana legislature found time to reconsider the law sometime over the past thirty years and decided to leave it in place. The law was struck down by the Montana Supreme Court in 1997, but lawmakers have, until now, refused to remove it from the statutes.

During Tuesday’s floor debate of the Montana House of Representatives on a bill for a final vote to remove that law from the state’s books, opponents sought to clarify why they thought the bill should be kept. KXLH TV posted a clip online of Rep. Dave Hagstrom (R-Billings) saying:

I have a lot of love and respect for a whole number of homosexual friends, so there’s no homophobic issues going on here at all with me. My question is, what’s the purpose of sex?

… I’ll just speak to the bill. I’m going to vote no on this bill, but it’s just for this reason. I don’t think that homosexual sex is necessarily not deviant. “Deviant” isn’t a bad word. Deviant simply means that it’s not normal, it’s not typical. I kinda liken it like this: this pen has two purposes. The first purpose, of course, is to write. The second purpose is to retract so that it doesn’t leave a stain on your shirt or your purse. So it has two purposes, but one is primary and the other is secondary. To me, sex is primarily purposed to produce people. That’s why we’re all here. Sex that doesn’t produce people is deviate. It doesn’t mean that it’s a problem. It just means it’s not doing its primary purpose.

According to Hagstron, about 99% of all heterosexual sex is also deviate sex. Hagstrom only has four children. Poor guy. Also, I was looking forward to meeting his “whole number of homosexual friends,” but then I drew on my outstanding Catholic school education and remembered that whole numbers were just numbers without fractions, including zero.

Another Representative was more blunt:

Representative Jerry Bennett (R-Libby) told the House he pledged his life to his wife and to God and supporting the bill would violate those pledges.

“It is the thief, the devil, that comes to steal our life, to kill us, to rob us. Christ said I come so that you might have life to the fullest,” Bennett said. “That’s my desire for everyone here.”

Those voices are what’s left of an ever-shrinking minority. The House voted Tuesday, 64-36 to advance the bill for a third and final vote. That vote took place on Wednesday, with the House passing it, 65-34, and sending it to Gov Steve Bullock (D) for his signature.


April 11th, 2013

A pen is like a penis. A pen has two purposes, it’s primary purpose is to write and it’s secondary purpose is to retract to prevent ink from staining pockets and purses.

Ok, I get the two purposes of the pen, but if I am going to equate pens and penises I don’t think Hagstrom can deny that penises have two purposes. One is to eliminate wastes from the body, and the second is to impregnate women. I could also state that a penis is a lovely toy for most men, gay or str8, but let’s not get into quibbling.

contrary to Hagstrom’s claim that the primary purpose of the penis would be to impregnate a woman, I disagree. Even randy teenagers spend more time eliminating waste via penises than they do in having sex to procreate or even jack off for fun.

Ben M

April 11th, 2013

Also, if as, Hagstrom says, “Deviant” isn’t a bad word, why is there a 10 year/$50k penalty associated with it?

Leave A Comment

All comments reflect the opinions of commenters only. They are not necessarily those of anyone associated with Box Turtle Bulletin. Comments are subject to our Comments Policy.

(Required, never shared)

PLEASE NOTE: All comments are subject to our Comments Policy.


Latest Posts


Another Temporary Hiatus

Today's Agenda Is Brought To You By...

Today In History, 1971: Minnesota Couple Stake Claim To First American Same-Sex Marriage

Today's Agenda Is Brought To You By...

Today In History, 1954: "Perverts Vanish" From Miami

Born On This Day, 1907: Evelyn Hooker

Born On This Day, 1925: Fr. John J. McNeill

Featured Reports

What Are Little Boys Made Of?

In this original BTB Investigation, we unveil the tragic story of Kirk Murphy, a four-year-old boy who was treated for “cross-gender disturbance” in 1970 by a young grad student by the name of George Rekers. This story is a stark reminder that there are severe and damaging consequences when therapists try to ensure that boys will be boys.

Slouching Towards Kampala: Uganda’s Deadly Embrace of Hate

When we first reported on three American anti-gay activists traveling to Kampala for a three-day conference, we had no idea that it would be the first report of a long string of events leading to a proposal to institute the death penalty for LGBT people. But that is exactly what happened. In this report, we review our collection of more than 500 posts to tell the story of one nation’s embrace of hatred toward gay people. This report will be updated continuously as events continue to unfold. Check here for the latest updates.

Paul Cameron’s World

In 2005, the Southern Poverty Law Center wrote that “[Paul] Cameron’s ‘science’ echoes Nazi Germany.” What the SPLC didn”t know was Cameron doesn’t just “echo” Nazi Germany. He quoted extensively from one of the Final Solution’s architects. This puts his fascination with quarantines, mandatory tattoos, and extermination being a “plausible idea” in a whole new and deeply disturbing light.

From the Inside: Focus on the Family’s “Love Won Out”

On February 10, I attended an all-day “Love Won Out” ex-gay conference in Phoenix, put on by Focus on the Family and Exodus International. In this series of reports, I talk about what I learned there: the people who go to these conferences, the things that they hear, and what this all means for them, their families and for the rest of us.

Prologue: Why I Went To “Love Won Out”
Part 1: What’s Love Got To Do With It?
Part 2: Parents Struggle With “No Exceptions”
Part 3: A Whole New Dialect
Part 4: It Depends On How The Meaning of the Word "Change" Changes
Part 5: A Candid Explanation For "Change"

The Heterosexual Agenda: Exposing The Myths

At last, the truth can now be told.

Using the same research methods employed by most anti-gay political pressure groups, we examine the statistics and the case studies that dispel many of the myths about heterosexuality. Download your copy today!

And don‘t miss our companion report, How To Write An Anti-Gay Tract In Fifteen Easy Steps.

Testing The Premise: Are Gays A Threat To Our Children?

Anti-gay activists often charge that gay men and women pose a threat to children. In this report, we explore the supposed connection between homosexuality and child sexual abuse, the conclusions reached by the most knowledgeable professionals in the field, and how anti-gay activists continue to ignore their findings. This has tremendous consequences, not just for gay men and women, but more importantly for the safety of all our children.

Straight From The Source: What the “Dutch Study” Really Says About Gay Couples

Anti-gay activists often cite the “Dutch Study” to claim that gay unions last only about 1½ years and that the these men have an average of eight additional partners per year outside of their steady relationship. In this report, we will take you step by step into the study to see whether the claims are true.

The FRC’s Briefs Are Showing

Tony Perkins’ Family Research Council submitted an Amicus Brief to the Maryland Court of Appeals as that court prepared to consider the issue of gay marriage. We examine just one small section of that brief to reveal the junk science and fraudulent claims of the Family “Research” Council.

Daniel Fetty Doesn’t Count

Daniel FettyThe FBI’s annual Hate Crime Statistics aren’t as complete as they ought to be, and their report for 2004 was no exception. In fact, their most recent report has quite a few glaring holes. Holes big enough for Daniel Fetty to fall through.