Texas Lawmakers Move to Repeal Ban on Gay Sex

On Thursday, Texas lawmakers made a significant step by voting to lift the state’s longstanding prohibition on gay sex, sending the decision to the Senate in a notable bipartisan move.

The ban on “homosexual conduct,” defined as engaging in sexual acts with another person of the same sex, has been unenforceable since a Supreme Court ruling in 2003 deemed it and similar laws prohibiting sodomy among consenting adults irrational.

Despite this ruling, the language designating gay sex as a Class C misdemeanor still exists within Texas law, creating a bit of a legal oddity.

Democrats in the state legislature have been advocating for the repeal for years but have faced challenges in garnering enough bipartisan support. Interestingly, with Republicans holding the majority in both the House and Senate, no proposal for repeal had been submitted until this year.

Notably, the Texas Republican Party platform characterizes homosexuality as “abnormal lifestyle choices,” though some prominent figures, including Senator Ted Cruz (R-Texas), believe the law from 1973 should be repealed.

Twelve Republicans joined 60 House Democrats in the vote to repeal the law, pushing the measures forward for Senate consideration. However, it remains uncertain whether the upper chamber will address the bill with several other measures on their plate before the session wraps up on June 2nd.

Republican Rep. Brian Harrison, who has previously been vocal about funding issues related to state universities and their gender and LGBTQ studies, co-authored the repeal bill. He stated, “It is not the government’s role to criminalize homosexuality.”

During his concluding remarks, Harrison noted the support from fellow Republicans and referenced the Supreme Court’s majority decision in Lawrence v. Texas, which invalidated the law. He quoted one of the conservative justices from back then, saying he would also vote for the repeal.

Texas Governor Greg Abbott (R) has yet to indicate whether he would sign the bill into law if it reaches his desk.’

On the House floor, gay Democrat Benton Jones expressed that he wasn’t asking lawmakers to merely affirm the court’s decision but instead to support legislation that promotes civil liberties for all Texans. “This law enhances basic civil and individual liberties,” he argued, emphasizing the need for personal freedom without unnecessary government interference.

Currently, Texas is one of twelve states still holding onto what are termed “zombie laws” against sodomy, which are unenforceable due to the Supreme Court’s ruling.