Once again, Democratic Texas lawmakers are trying to repeal the state’s law against “homosexual conduct,” as unenforceable. The law remains on the books in spite of the fact that the US Supreme Court nullified it almost ten years ago in Lawrence v. Texas.
The law criminalizes homosexual conduct as a misdemeanor punishable by fine. It includes sex between consenting adults in the privacy of their own home. According to state Rep. Jessica Farrar, D-Houston, who filed House Bill 1701:
This antiquated law has been misused by untrained law enforcement officials to mistreat and harass Texas citizens
In addition to repealing §21.06 from the books, HB 1701 would also remove from the Texas Health and Safety Code the statement, homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06 of the Penal Code.