We support the clear will of the people of Montana expressed by legislation to keep homosexual acts illegal.
Ironically, the platform uses some form of the word “constitutional” at least 10 times and even argues that constitutionality should be decided by the states. But the Montana Supreme Court struck down the State’s sodomy law in 1997 and ruled that it violated the constitutional right to privacy. In 2003, the U.S. Supreme Court found in Lawrence v. Texas that Texas’ “Homosexual Conduct” law — a measure outlawing oral and anal sex — unconstitutional. The Court ruled that the Texas statute “making it a crime for two persons of the same sex to engage in certain intimate sexual conduct violates the Due Process Clause.” “The liberty protected by the Constitution allows homosexual persons the right to choose to enter upon relationships in the confines of their homes and their own private lives and still retain their dignity as free persons,” the Court ruled in a 6–3 ruling.