Kansas sodomy law to remain on the books; Texas law might be removed

Rep. Jessica Farrar

A Kansas law that makes sexual contact between persons of the same sex illegal will remain on the books, even though that law was declared unconstitutional by the U.S. Supreme Court in its 2003 ruling in  Lawrence v. Texas.

A Kansas Republican and Democrat both said that the law is unenforceable and no one is being hurt by it, according to an MSNBC report. They removed its repeal from pending legislation.

However, according to Thomas Witt, chairman of Kansas Equity Coalition, John Wheeler, the president of the Kansas County and District Attorneys Association, warned a group of adult college students in 2008 that “even to this day, homosexuality is a crime in Kansas.”

In Texas, section 21.06 of the Texas Penal Code, better known as the sodomy law, also remains on the books.

Rep. Jessica Farrar, a Houston Democrat, introduced HB 604 to repeal 21.06. The bill has been sent to the Criminal Jurisprudence committee for hearing.

—  David Taffet

Bill would remove sodomy law from Texas books eight years after it was ruled unconstitutional

Rep. Jessica Farrar

It’s been almost eight years since the U.S. Supreme Court struck down Texas’ sodomy law as unconstitutional in a landmark ruling in Lawrence v. Texas. But the law itself, Section 21.06 of the Texas Penal Code, remains on the books. Bills have been introduced in every legislative session since then seeking to repeal the statute, but needless to say they’ve never passed. (Remember, the state GOP platform actually calls for the re-criminalization of sodomy.) This year, the 21.06 repeal bill has been introduced by Rep. Jessica Farrar, D-Houston. Farrar’s HB 604, which was introduced today, would not only repeal 21.06, but also strike related anti-gay language from the Health and Safety Code. With a Republican supermajority in the Texas House, the bill is likely doomed again. At the very least, though, it should serve as a sobering reminder. Here’s 21.06, which Farrar’s bill seeks to repeal:

Sec. 21.06.  HOMOSEXUAL CONDUCT.

(a)  A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.

(b)  An offense under this section is a Class C misdemeanor.

And here’s the language from the Health & Safety Code that Farrar’s bill would strike:

SECTION 2. Section 85.007(b), Health and Safety Code, is amended to read as follows:

(b) The materials in the education programs intended for persons younger than 18 years of age must: …

(2) state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code.

SECTION 3. Section 163.002, Health and Safety Code, is amended to read as follows:

Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and instruction relating to sexual education or sexually transmitted diseases should include: …

(8) emphasis, provided in a factual manner and from a
public health perspective, that homosexuality is not a lifestyle
acceptable to the general public and that homosexual conduct is a
criminal offense under Section 21.06, Penal Code.

Read the full bill by going here.

—  John Wright

Houston legislators Coleman, Farrar announce plan to re-introduce Dignity for All Students Act

State Reps. Garnet Coleman of Houston, left, and Mark Strama of Austin

State Reps. Garnet Coleman and Jessica Farrar, both Houston Democrats, on Friday released a joint statement announcing their intention to once again file the Dignity for All Students Act when the 2011 Texas Legislature comes into session, saying that “recent news reports have highlighted the necessity for such legislation.”

The news reports the statement references revolve around the recent suicides of teens who had been bullied and harassed because of their actual or perceived sexual orientation, including 13-year-old Asher Brown of Houston, who shot himself to death on Thursday, Sept. 23.

The Dignity for All Students Act would prohibit discrimination and harassment in public schools on the basis of ethnicity, color, gender, gender identity or expression, sexual orientation, disability, religion or national origin.  It would also prohibit discrimination based on association with a person, and protects both the parents of students and whistleblowers who may report incidents of discrimination or harassment.

Chuck Smith, deputy director of Equality Texas, said that Coleman has been filing the Dignity for All Students Act since 2003, but the bill itself has been filed in Texas legislative sessions since 1997 when then-State Rep. Harryette Ehrhardt of Dallas introduced the measure.

Smith said the Dignity for All Students Act introduced in the 2009 legislative session, authored by Coleman and co-authored by El Paso Democratic State Rep. Marissa Marquez, was sent to the Public Education Committee but did not get a hearing that session.

Another measure, the Safe Schools for All Youth Act introduced in 2009 by Austin Democratic Rep. Mark Strama, is also likely to be refiled in 2011, Smith said. The 2009 version of Strama’s bill, which expanded and clarified the definition of bullying to include cyber-bullying and bullying that occurs off-campus, did pass out of the Public Education Committee and the Calendar Committee and was “in line for floor debate when everything died in the House in the stall that occurred in an effort to avoid dealing with voter ID bills,” he said.

Strama’s bill, Smith said, “uses language that teachers and administrators can relate to. It would create a definition of what bullying is and what cyber-bullying is, what to do when bullying or cyber-bullying occurs and strategies to reduce incidents of bullying and cyber-bullying. It adds those definitions into existing laws about what triggers some sort of disciplinary action.”

He said that the 2011 version of Strama’s bill — which had four joint authors and 13 co-authors — will include even more than was included in the 2009 version. He also said that Coleman and Farrar’s Dignity for All Students Act and Strama’s Safe Schools for All Students Act aren’t redundant.

“The two bills would both be part of the Texas Education Code, but they would be in different parts of the Texas Education Code. Coleman’s bill would be in Chapter 11, and Strama’s bill would be in Chapter 37. They don’t overlap,” Smith said.

He added that these two might not be the only two bills bullying and harassment in public schools to be filed in the 2011 legislative session.

“There is certainly the possibility that there will be additional bills filed,” And if there could be anything good to come out of recent events, maybe it’s that it could help us reach the tipping point where something will actually get done this year.”

The 82nd Texas Legislature convenes in January.

—  admin