To put it lightly, Montana’s legislature has not been exactly progressive on LGBT issues. In fact, as far as I can tell, there has never been a pro-LGBT law that has EVER passed the legislature to be signed in to law.
With a bright shiny new legislature sworn in and a Democrat holding on to the governor’s office, is it possible that 2013 will be the first legislative victory for LGBT people in Montana?
As many folks know, here in Montana we still have a law on the books declaring that homosexual acts are a form of criminal behavior. While this law has been struck down by the courts, the law has remained on the books, despite the fact that it has been unenforceable for nearly 2 decades.
During the 2011 session, a bill to remove this language from the books actually passed the Senate, and received a majority of votes in the House, but because it had to be “blasted” out of the disastrous House Judiciary Committee it required 60 votes, which it didn’t receive.
With Democrats picking up 7 seats in the House, along with one or two clearly equality-minded Republicans being elected, it seems that if the bill can pass the House Judiciary committee it’ll almost certainly pass into law, and even if House Judiciary tables the bill, there is still a decent chance it would receive the 60 votes necessary to be blasted out of that committee.
While, I don’t want to count chickens before they’re hatched, but it appears that the bill is poised to pass the Senate again easily, so I’m going to focus on the House. Judging from past votes, sponsorships or statements, here is how I see the current vote break-down on the issue in the House:
“Yes” votes: 45
B. Bennett, Boland, Brockie, Calf Boss Ribs, Clark, Coffin, Court, Curtis, Dudik, Eck, Fitzpatrick, Gibson, Gursky, Hill, Hollenbaugh, Hoven, Hunter, Jacobson, Lieser, Lynch, McCarthy, Neill, Peppers, MacDonald, McChesney, McClafferty, McNally, Mehlhoff, Miller, Noonan, Pease-Lopez, Pierson, Pomnichowski, Price, Schreiner, Schwaderer, B. Smith, Squires, Steenberg, Swanson, Whitford, Williams, Wilmer, Wilson, Woods
Likely “Yes” votes: 8
Ankney, Connell, Cook, Cuffe, Greef, Knudsen, Lavin, Welborn
“No” votes: 27
Bangerter, G. Bennett, Berry, Blasdel, Blyton, Brodehl, Edmunds, Ehli, Flynn, Hansen, Harris, Hollandsworth, Howard, Ingraham, Kary, Kerns, McNiven, O’Hara, O’Neil, Osmundson, Randall, Regier, Reichner, C. Smith, Vance, Warburton, Washburn
Likely “No” votes: 5
Doane, Fiscus, Laszloffy, K. White, Wagoner
Ballance, Galt, Glimm, Hagan, Hagstrom, Halvorson, Hertz, D. Jones, Lang, Lenz, D. Moore, Redfield, Salomon, Shaw, Zolnikov
Organizations such as the Human Rights Network and the Montana ACLU will be working hard all session long to get as many votes as possible for this bill. You can help by contacting the legislators that are in the “Unclear” category, or in the “Likely Yes” category to urge them to remove the stain of this law from our books.
Removing this law from our books would be a small victory, but it is a victory nonetheless and it is a good way to get wavering legislators to get a pro-equality vote under their belt.