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