Texas finally votes to repeal law banning ‘homosexual conduct’
Texas’ anti-gay law has remained on the statute books despite being ruled unconstitutional in 2003. (Getty)
Texas' anti-gay law has remained on the statute books despite being ruled unconstitutional in 2003. (Getty)
Politicians in one the most conservative US states have finally caught up with a decades-old judgement, by voting to repeal a law on “homosexual conduct”.
Sodomy laws in the US were deemed unconstitutional by Supreme Court justices in the case of Lawrence vs Texas in 2003. The landmark verdict, which paved the way for further LGBTQ+ protections, invalidated laws that prevented “homosexual acts” in 13 states.
However, in Texas, the legislation, dating back to 1973, has remained on the statute books despite The Lone Star State having been at the centre of the Supreme Court case. The state penal code described the offence as “deviate sexual intercourse with another individual of the same sex”.
Dormant legislation like this is often known as a “zombie law“. No one can be prosecuted but it remains on the statute books.
But last week, a bill, aimed at removing the legislation once and for all, was passed in the Texas House of Representatives by 59 votes to 56. It passed on a preliminary vote the day before with 72 votes in support and 55 against, The Texas Tribune reported.
Brought to the house by out gay Democratic representative Venton Jones, the bipartisan bill was co-authored by fellow Democrat Joe Moody and Republican Brian Harrison.
Harrison reacted to the bill’s passing by writing on X/Twitter: “Criminalising homosexuality is not the role of government, and I support repealing it. I will continue fighting for limited government and individual liberty.”
Among others who have called for repeal of the sodomy law where Texas’ US senator Ted Cruz and Supreme Court justice Clarence Thomas.
Jones called the defunct legislation a “harmful and unnecessary relic”, adding: “[The bill] finally takes a stand for liberty, dignity and constitutional clarity. We’ve now sent the strongest message yet: this law has no place in Texas statute.
“I am standing on the shoulders of people who have carried this bill before me, and that’s where I get my strength.”
The bill will now go before the Texas senate although it is not known when it will be debated or if the governor, hard-line Republican Greg Abbott will sign it into law.
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