Texas House committee OKs bill repealing law against homosexual conduct

Your Wednesday Morning Headlines, April 5th, 2023

AUSTIN (CBSNewsTexas.com) — A Texas House committee voted to move forward with a bill that would formally repeal the state ban on homosexual conduct on Wednesday, decades after it was ruled unconstitutional by the U.S. Supreme Court.

The House Committee on Criminal Jurisprudence unanimously voted in favor of House Bill 2055. The bill would repeal section 21.06 of the state's penal code, which makes homosexual intercourse a class C misdemeanor. 

The law was made unenforceable in 2003 after the U.S. Supreme Court's decision in Lawrence v. Texas. The court's majority ruled that the law violated the due process clause of the 14th Amendment, but it was never formally repealed.

"This historic bill repeals archaic language in Texas law that has remained as part of the Texas code after the 2003 U.S. Supreme Court case of Lawrence v. Texas that found sodomy laws to be unconstitutional," said State Rep. Venton Jones, who is one of the bill's authors.

"This is the first time this bill has received the necessary support needed to be voted out of committee.  I am grateful to all the stakeholders who ensured this bill passed out of committee and I also want to thank Chairman Moody for being a Joint-Author on this bill."

HB 2055 also updates the state's health and safety code to reflect the law's repeal. It would eliminate portions of the state's sex education program that refer to homosexuality as an unacceptable "lifestyle" and criminal offense.

Jones said he will work with the Speaker and Calendar's Committee to place HB 2055 on the House Floor Calendar as soon as possible.

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