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GRYCZAN v. STATE

No. 96-202.

942 P.2d 112 (1997)

Linda M. GRYCZAN, Anne K. Gehr, Stacey Haugland, Donald Howard, Doyle F. Forister, and William C. Summers, Plaintiffs and Respondents, v. STATE of Montana, Defendant and Appellant.

Supreme Court of Montana.

Submitted April 17, 1997.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Joseph P. Mazurek, Attorney General, Clay R. Smith, Solicitor, Helena, for Defendant and Appellant.

Holly J. Franz, Gough, Shanahan, Johnson & Waterman, Helena; Rosemary Daszkiewicz, Cairncross & Hempelmann, Seattle, Washington (Women's Law Center), for Plaintiffs and Respondents.

Prof. Larry Elison, Prof. Thomas Huff, Deirdre Runnette, University of Montana, School of Law, Missoula (Women's Law Caucus); Joan Jonkel, Missoula (Montana Public Health Association); J. Stuart Bradshaw, Stevensville (Montana Citizens for Decency Through Law); Mark S. Connell, Connell & Beers, Missoula; Suzanne B. Goldberg, Ruth E. Harlow, New York City (Lambda Legal Defense and Education Fund, et al.); Matthew Coles, New York City (American Civil Liberties Union), for Amici Curiae.

NELSON, Justice.

The State of Montana appeals a Judgment of the District Court for the First Judicial District, Lewis and Clark County, declaring § 45-5-505, MCA, unconstitutional as a violation of the privacy provision of the Montana Constitution when applied to consensual, private, same-gender sexual conduct between adults. We affirm.

The State raises the following issues:

1. Whether Respondents have standing to maintain an as-applied challenge...

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