Well, only for certain acts, because the Supreme Court said that people can do whatever they want behind closed doors. In Peterson’s mind, though, that means certain areas of behavior are not protected and gay people could be subject to prosecution. Currently, Montana’s laws still put homosexuality in the same category as other acts like bestiality. So, what are those areas that Peterson thinks could still be subject to prosecution, you might ask?
1) Recruiting Other People to Perform Homosexual Acts: Now, Peterson has never seen a someone try to recruit someone else to perform homosexual acts because he only associates “with mainstream people.” However, he offers an example of what this behavior might look like. “‘Here, young man, your hormones are raging. Let’s go in this bedroom, and we’ll engage in some homosexual acts. You’ll find you like it.'” If those are the lines gay people are using when trying to find partners I don’t think Peterson has to worry about any gay sex.
2) Being Gay in Public: The Supreme Court said it’s okay to be gay in the privacy of your own home. Outside, in the company of other people, well that’s a completely different story. Peterson believes that if behavior could be construed as homosexual, take kissing for example, then it would violate that statute. It does has to be an “overt” homosexual act though.
Thankfully, the rest of the state doesn’t seem to be trapped in a past century. A bill to rewrite the law actually passed the State Senate before failing in a House committee this month. Additionally, the Vice President of the Montana County Attorney Association (who actually prosecute people throughout the state) says “The statute will not be enforced as written—ever.”