To those who went to Helena to testify - The Western Montana ...

An Ally in HElEnA:
SEnAtor toM fACEy
by Yvonne Sorovacu
The state capitol has not historically been a
bastion of support for the LGBTIQ community.
Check out this nugget of fine Montana legislation:
“’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” for which “(a) person convicted
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”. It may sound archaic and
unconstitutional, and it is, but this old statute is
still on the books. Fortunately, there are allies in
the state government that do step up to the plate
to create positive change, such as introducing
senate bill 276 to strike the language above that
criminalizes homosexuality and equates it with
bestiality.
First-time Senator Tom Facey of District
48, which begins in the center of the city of
Missoula and extends southwest, is the legislator
behind that bill. Although this is his first year as
senator, this is by no means his first stint in the
capitol or the first time that he has attempted
to erase this homophobic language from the
Montana statutes. He previously served in the
House of Representatives from 1999 until 2006
and repeatedly attempted to revise the “deviate
sexual conduct” laws while in that wing of the
state government. While a representative he
also introduced bills to add sexual orientation
and gender expression as classes protected
by hate crime legislation; to remove the state
prohibition on same sex marriage; and to require
school bullying policies that include protections
for students harassed because of their sexual
orientation or gender expression. In 2003 the
Montana PRIDE foundation recognized him as a
champion for LGBTIQ equality. Recently I talked
with Senator Facey to become more familiar
with this legislator who could be considered an
ally in Helena.
For Facey, civil and social service is a family
tradition that extends back to the early 1900’s,
when his paternal grandmother became the
third woman to serve in the Montana legislature
and his maternal grandfather served as mayor
of Chester. His mother, in turn, became a social
worker. Facey was born in Helena and grew
up in Great Falls until the age of six, when his
parents moved the family to California and his
mother began working in programs for sexuallyabused
children in L.A. county. Although he lived
there until his college years, family brought him
back to Montana every summer. He ended up
returning to his home state to receive a biology
degree from the University of Montana in
Missoula…and to play Griz football. In the 80’s
he once again left Montana, this time to teach
in London through the Fulbright exchange
program. Eventually he settled in Missoula with
his wife, received his Master’s in Education, and
began teaching Earth Science and Biology in the
city’s middle and high schools. His wife, Maureen
O’Malley, is another social worker whose work
with AIDS-affected individuals, he says, was very
informative and influential in his understanding
of the difficulties and discrimination faced by
LGBTIQ communities.
While Facey cited family as a clear influence
on his political views and involvement, he
also mentioned how being a kid in California,
surrounded by the social turmoil of the 60’s,
made an indelible impression on him. He
vividly remembers the assassination of JFK, the
protests led by MLK, and the images of civil
rights protesters being attacked. Other parts of
the struggle for racial equality he saw up front.
His family lived in Riverside, which was the first
city in the country to voluntarily use busing to
desegregate its public schools.
It appears that these experiences have
instilled a dedication to the right to equal
treatment for all people in Senator Facey.
When asked about his reason for initiating and
supporting LGBTIQ-positive legislation, he is
very clear in articulating it as a basic civil rights
issue. As he explained, none of this legislation
provides “special” protections. It simply
ensures the inclusion of the LGBTIQ
community in what other citizens
are entitled to, namely, to be free
of discrimination and threats in the
pursuit of a fulfilling life. In particular,
the fact that the deviate sexual conduct
law has not been revised sends a
message to LGBTIQ individuals that
they are not valued or included in
government. Facey is also concerned
that leaving the statute on the books
means that law enforcement officials
could still arrest LGBTIQ individuals
on this basis. It leaves the door open to
potential harassment of citizens whom
are perceived as homosexual. He points
out that if such a case were brought
before any court with knowledge of
current legislation, state and federal
law would easily dismiss the charges
as unconstitutional. That anyone would
have to spend the time and money, and
endure the indignity of arrest and trial
to defend themselves from such an
offensive law, is unacceptable.
Early in February the Senate
Judiciary committee passed Facey’s bill.
If it is passed by the Senate before February 24th,
it moves on to the House of Representatives for
approval. Bill number 276, like LGBTIQ rights
in general, still has a long way to go,. However,
with a good show of support, there is hope
that it might make it through this time around.
Regardless, if Senator Facey continues to be as
supportive as he has been, we know it won’t
be the last time that the capitol has the chance
to make amends for its inhospitable past…and
present.
W O R D E N T H A N E P. C.
A T T O R N E Y S A T L A W
Shane A. Vannatta
Jane E. Cowley
Suite 600 The Florence • 111 N Higgins Ave
P.O. Box 4747 • Missoula, MT 59806
Suite 600 The (406) Florence 721-3400 • 111 N Higgins Ave
P.O. Box 4747 • Missoula, MT 59806
(406) 721-3400 • svannatta@wthlaw.net
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