“We Are No Longer Criminals”: The Fight to Repeal Deviate Sexual Misconduct Laws

157WHM Button

Supporters of repealing Statute 45-5-505 produced and distributed this pin which featured the gay rights symbol of a pink triangle. Courtesy of Linda Gryczan.

In 1993, Linda Gryczan told her neighbors she was suing the state of Montana to overturn a law that criminalized gay sex. Though she “was afraid that someone might burn down her house,” her neighbors—and activists across the state—rallied to her cause. But those who believed homosexuality should remain a crime also mobilized. Women took leading roles on both sides of the decades-long fight over Montana’s deviate sexual misconduct law.

Passed in 1973, Statute 45-5-505 of the Montana Code Annotated defined “deviate sexual relations” as “sexual contact or sexual intercourse between two persons of the same sex or any form of sexual intercourse with an animal.” Though rarely enforced, the law carried a fine of up to fifty thousand dollars, as well as ten years in prison, and made same-sex consensual intimacy a felony.

At the urging of gay and lesbian rights advocates, Montana state representative Vivian Brooke (D-Missoula) introduced bills in both 1991 and 1993 to strike the law from the books. The bill failed in both sessions. Many legislators agreed with Rep. Tom Lee, who argued that “[God] has declared homosexual activity to be wrong, and I don’t think we serve the other people of this state by contradicting him.” Others, noting that the law was not enforced, wished to avoid political fallout over what they saw as a symbolic vote.

Continue reading

“I am a very necessary evil”: The Political Career of Dolly Smith Cusker Akers

Dolly Cusker Akers, 1933

Elected to the Montana House of Representatives in 1932, with almost 100 percent of the vote, Dolly Cusker Akers was the first Native American to serve in the Montana legislature and the only woman to serve during her two-year term. She was also the first woman to serve on the Fort Peck Tribal Executive Board. Legislative Collection, MHS Photo Archives.

Montana’s first Native American legislator and the first woman chair of the Tribal Executive Board of the Assiniboine and Sioux Tribes was not a women’s liberation advocate because she refused to acknowledge women’s limits. The fight Dolly Smith Cusker Akers did champion, however, was that of American Indians to determine their own destinies free from federal oversight and interference. Assertive and self-reliant—as she believed tribes should be—Akers achieved many notable accomplishments in her lifetime, but not without conflict and criticism.

Born in 1901 in Wolf Point, Dolly Smith was the daughter of Nellie Trexler, an Assiniboine, and William Smith, an Irish-American. She attended school on the Fort Peck Reservation and at the all-Indian Sherman Institute in California. Graduating at age sixteen, she returned to Montana and married George Cusker in 1917.

In the early 1920s, the Fort Peck tribes sent two elders to Washington, D.C., to lobby for school funding. Neither elder spoke English, so Dolly accompanied them as interpreter. The articulate young woman impressed the congressmen, whom she then lobbied in favor of universal citizenship for American Indians—an issue that had been debated for many years. In 1924, the Indian Citizenship Act became law, establishing the basis for American Indian suffrage and furthering the government’s long-term goal of gradual absorption of American Indians into American society.

Continue reading

Jeannette Rankin: Suffragist, Congresswoman, Pacifist

When this photograph of Jeannette Rankin was taken in Washington, D. C., in April 1917, she was at the beginning of what appeared to be a very promising political career. Her unpopular votes against the U.S.'s entry into World Wars I and II would bring an end to her political aspirations but would ultimately earn her widespread respect for adhering to her principles.

When this photograph of Jeannette Rankin was taken in Washington, D. C., in April 1917, she was at the beginning of what appeared to be a very promising political career. Her unpopular votes against the U.S.’s entry into World Wars I and II would bring an end to her political aspirations but would ultimately earn her widespread respect for adhering to her principles. MHS Photo Archives 944-480

Jeannette Rankin of Missoula, Montana, was the first woman elected to the U.S. House of Representatives. Unsurprisingly, her election made headlines across the country. People wanted to know who this western upstart was and what this radical change might portend. The Kentucky Courier-Journal captured the magnitude of the political quake when it wondered, “Breathes there a man with heart so brave that he would want to become one of a deliberate body made up of 434 women and himself?”

Born on a ranch near Missoula in 1880, Jeannette Rankin was the oldest of John Rankin and Olive Pickering Rankin’s seven children. She attended the University of Montana, and in 1908—inspired by the career of Jane Addams, founder of Hull House, the famed Chicago settlement house—she headed to New York to study social work at the New York School of Philanthropy. She worked briefly as a social worker and then as an organizer for the National American Woman Suffrage Association in several states’ suffrage campaigns. In 1914 Rankin returned to Montana to help lead her state’s suffrage movement to victory. Rankin believed that western conditions, in which men and women had to share the tasks of settlement, encouraged greater gender equality than existed in the East, making it easier to convince Montana men to give women the vote.

Building on the grassroots organization she had created in 1914, she ran for Congress as a Progressive Republican in 1916 and won the seat. When she learned that she had been elected, she said, “I knew the women would stand by me.” And indeed, newly enfranchised Montana women went to great lengths to vote for her. Edith Mutchler wrote to Rankin from Chester to tell her that she was eight months pregnant when she “rode 14 mi on a cold windy day” to cast her ballot, but testified that she “would gladly do it again.” Continue reading

“Men Were My Friends, but Women Were My Cause”: The Career and Feminism of Frances Elge

Frances Elge cultivated a deliberately ladylike style as she made her way up the ranks of the male dominated legal profession. Montana’s first woman elected county attorney, Elge was later one of the few women Indian probate judges for the Department of Interior. Frances C. Elge Papers, MHS Archives

Frances Elge cultivated a deliberately ladylike style as she made her way up the ranks of the male dominated legal profession. Montana’s first woman elected county attorney, Elge was later one of the few women Indian probate judges for the Department of Interior. Frances C. Elge Papers, MHS Archives

Born in Helena in 1906, Elge attended that city’s public schools and went on to graduate from law school at the University of Montana in 1930. Reflecting on her time at UM and her subsequent career as an attorney, Elge recalled, “I was a novelty when I went through law school. The men helped me along because they didn’t see me as competition. Men today know better.”

After law school she returned to Helena, where Wellington Rankin—a prominent Helena attorney and public official and brother of Congresswoman Jeannette Rankin—allowed her to use his library and office and gave her ten cases to start a private practice. She continued in private practice until 1932, when she was elected to the position of public administrator in Lewis and Clark County. Two years later the voters elected her county attorney, the second woman elected in Montana to that office.

After a single term, Elge left to work on Jeannette Rankin’s second campaign for Congress and acted as the congresswoman’s administrative assistant in Washington, D.C. During World War II she worked for the War Shipping Administration and Maritime Commission. In 1954 she became an Indian probate judge for the Department of Interior, one of the only women in that position, and served until her retirement in 1977. Continue reading

Julia Ereaux Schultz, Health Advocate and Cultural Champion

Shown here celebrating her 100th birthday, Julia Schultz lived to be 104. MHS Photo Archives 944-893

Shown here celebrating her 100th birthday, Julia Schultz lived to be 104. MHS Photo Archives 944-893

Born in 1872 on the South Fork of the Sun River, Julia Ereaux was the daughter of a French immigrant, Lazare “Curley” Ereaux, and his A’a Ni Nin (White Clay—also known as Gros Ventre) wife, Pipe Woman. Julia, whose White Clay name was Sweet Pine, grew up in a bicultural family and was fluent in French, English, and Gros Ventre. She became a rancher and a newspaper correspondent, even as she served as a Fort Belknap tribal council member, promoted traditional indigenous arts, and worked to prevent the spread of tuberculosis on the reservation. A founding member of one of the first Indian women’s clubs in Montana, Schultz devoted her life to the well-being of the A’a Ni Nin people.

By the time Julia was born, her parents had already lost two children to a smallpox epidemic that took the lives of hundreds of American Indians in what is now north-central Montana. Along with several other mixed-heritage families, the Ereaux family settled near Augusta and took up farming. They were so poor, Julia later recalled, that her mother had to cut and thresh the grain by hand.

Julia received her schooling at St. Peter’s Mission School, an Indian boarding school in the Sun River Valley, which was attended by many Blackfeet and Métis children. Run by Ursuline nuns, the school also employed two famous Montanans during Julia’s years there: Mary Fields, a former slave who worked as handyman and gardener for the school and who became Montana’s first female postal carrier, and Louis Riel, one of the Métis leaders of the Northwest Rebellion of 1885. Continue reading

After Suffrage: Women Politicians at the Montana Capitol

Maggie Smith Hathaway outlined her positions on Prohibition, Child Welfare, and a "Workable Farm Loan Law" in this 1916 campaign flier.

Maggie Smith Hathaway outlined her positions on Prohibition, Child Welfare, and a “Workable Farm Loan Law” in this 1916 campaign flier. Maggie Smith Hathaway Collection, Mss 224, Maureen and Mike Mansfield Library, University of Montana

On November 3, 1914, Montana became the eleventh state to empower women with the right to vote. Two years later, newly enfranchised Montana women helped elect Jeannette Rankin to the U.S. House of Representatives. She took her seat as the first woman to serve in Congress four years before women achieved national suffrage. Rankin’s victory largely eclipsed another, equally significant 1916 victory: that year Montana also seated the first two women in the state’s House of Representatives. These women opened the door for those who followed in the political arena.

Emma Ingalls, a Republican from Flathead County, and Maggie Smith Hathaway, a Democrat from Ravalli County, represented opposing parties, but they both championed the cause of women’s suffrage and spoke out for the disenfranchised. As Ingalls and Hathaway took their seats in the Montana House in 1917, they represented the ribbon at the end of the finish line in a hard-won race. Conscious of their role as female reformers, both championed child welfare and women’s rights in the legislature.     Continue reading

Speaking for Those Who Could Not Speak for Themselves: The Journalism and Activism of Gretchen Garber Billings

Gretchen Billings, shown here addressing an unidentified national convention, spoke "for people who had no voice," just as she did through the aptly named People's Voice, the Helena-based newspaper she ran with her husband Harry. Montana State University Library, Merrill G. Burlingame Special Collections, Collection 2095. Series 8, Box 18

Gretchen Billings, shown here addressing an unidentified national convention, spoke “for people who had no voice,” just as she did through the aptly named People’s Voice, the Helena-based newspaper she ran with her husband Harry. Montana State University Library, Merrill G. Burlingame Special Collections, Collection 2095. Series 8, Box 18

Gretchen Garber Billings was a journalist and activist who dedicated her career to advancing progressive causes in Montana. Born in Whitefish but raised in the Seattle area, Billings returned to her native state after World War II to work as a journalist and editor for the People’s Voice, an independent, cooperatively owned, left-leaning newspaper based in Helena. At the Voice, Billings spent almost two decades fighting for those she believed were underrepresented in politics and government: “We felt the mandate was to defend the general welfare,” she said, “to be the devil’s advocate, and to speak for people who had no voice: for prisoners, for civil rights, and for people who had no strong organizational structures to defend them.”

The People’s Voice was created at the end of the New Deal as an alternative to the Anaconda Company–controlled dailies that then dominated Montana’s news industry. Among the paper’s “founding fathers” were prominent Montana politicians like James Murray and Lee Metcalf, and its values reflected what historians Michael Malone and Dianne G. Doughtery termed the “farmer-labor brand of progressivism” that thrived in the state in the first half of the twentieth century.

Gretchen’s husband, Harry Billings, joined the staff of the Voice in 1946 and Gretchen came on board two years later. Together, they built the paper into a mouthpiece for progressive causes and a watchdog of the state government in Helena. Leon Billings remembered his mother as a “crusading journalist” who was a passionate activist when it came to issues she cared about, such as abolishing capital punishment. The Billingses frequently crusaded for causes that pitted them against the Anaconda Company and the Montana Power Company, often called the Montana Twins. These causes included support for union issues, worker’s compensation, and public ownership of utilities. They also advocated for public health reform and Native American rights. Continue reading

Ella Knowles: Portia of the People

Sometimes known as the "Portia of the People," Ella Knowles Haskell was a woman of many Montana firsts, including becoming Montana's first female attorney in 1889. Noted for her oratory skills, Haskell was also active in Populist politics and the women's suffrage campaign. MHS Photo Archives 942-591

Sometimes known as the “Portia of the People,” Ella Knowles Haskell was a woman of many Montana firsts, including becoming Montana’s first female attorney in 1889. Noted for her oratory skills, Haskell was also active in Populist politics and the women’s suffrage campaign. MHS Photo Archives 942-591

Among the formidable obstacles that prevented Ella Knowles from practicing law in Montana was the law itself. A statute prohibited women from passing the bar. However, after much debate, upon statehood in 1889 Montana lawmakers amended the statute, allowing Knowles to take the bar exam. To their amazement, she passed with ease. In fact, Wilbur Fisk Sanders, one of the three examiners, remarked that “she beat all I have ever examined.” Thus Ella Knowles became the first woman licensed to practice law in Montana and the state’s first female notary public, before going on to accomplish other “firsts.”

Ella Knowles was born in 1860 in Northwood Ridge, New Hampshire. She completed teaching courses at the Plymouth State Normal School and taught in local schools for four years. She then attended Bates College in Lewiston, Maine, which at that time was one of very few coeducational colleges in the country. Honored in oratory and composition, she graduated from Bates in 1884, one of the first women to do so.

Knowles began to read law in New Hampshire, but, under doctor’s orders, moved to Helena, Montana Territory, in 1888 to seek a healthier climate. She served as principal of Helena’s West Side School for a while but, to the dismay of her friends, gave up job security to resume legal studies under Helena attorney Joseph W. Kinsley. Through her gift of oratory, Knowles successfully lobbied the 1889 Montana territorial legislature to allow women to practice law, even though that same legislature rejected women’s suffrage. Continue reading

The Long Campaign: The Fight for Women’s Suffrage

On November 3, 1914, Montana men went to the polls, where they voted 53 to 47 percent in favor of women’s suffrage. Along with Nevada, which also passed a suffrage amendment that year, Montana joined nine other western states in extending voting rights to non-Native women. (Indian women would have to wait until passage of the 1924 Indian Citizenship Act to gain the ballot.) Montana suffrage supporters rejoiced, and in 1916 followed up their victory by electing Maggie Smith Hathaway (D) and Emma Ingalls (R) to the state legislature and Jeannette Rankin (R) to the U.S. Congress. In this seeming wave of feminism, May Trumper (R) also became the state superintendent of public instruction.

The Suffrage Daily News, the short-lived paper in which this photo ran on November 2, 1914,, identified these suffrage campaigners only by their husband's names. while noting that the women had campaigned for the vote in four different Montana counties. Left to Right: Mrs. R.F. Foote, Mrs. J.B. Ellis, chairman, Silver Bow County,

The Suffrage Daily News, the short-lived paper in which this photo ran on November 2, 1914, identified these suffrage campaigners only by their husband’s names while noting that the women had campaigned for the vote in four different Montana counties. Left to Right: Mrs. R.F. Foote, Mrs. J.B. Ellis, chairman, Silver Bow County, Mrs. H. Salholm, Mrs. A. Obermyer and Mrs. E.G. Clinch. MHS Photo Archives 951-821

An air of inevitability surrounded the victory but it had not come easily. Montana women’s rights advocates first proposed equal suffrage twenty-five years earlier at the 1889 state constitutional convention. Fergus County delegate Perry McAdow (R), husband of successful businesswoman and feminist Clara McAdow, championed the cause. He even recruited long-time Massachusetts suffrage proponent Henry Blackwell to address the convention.

Blackwell was an articulate orator, but he did not have the backing of a well-organized, grassroots movement. “There has never been a woman suffrage meeting held in Montana,” he lamented. Nevertheless, Blackwell hoped to convince the delegates to include constitutional language allowing the legislature to grant equal suffrage through a simple majority vote instead of requiring a constitutional amendment. That proposal failed on a tie ballot.

Continue reading