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None of this year’s bills made it beyond the committee stage.Īttempts to update the Texas Family Code to comply with the 2015 supreme court decision that legalised same-sex marriage nationwide also went nowhere. It would not be complex or time-consuming to strike out a brief section from the code, and Democrats have tried at every regular session since the supreme court ruling.
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Yet Texas’s biennial legislature recently concluded its 2019 session without passing any of seven Democrat-led bills that would have excised the “homosexual conduct” prohibition, which was enacted in 1973. The case, Lawrence v Texas, arose after sheriff’s deputies charged two men with a misdemeanor for having sex in a Houston-area apartment in 1998. It is 16 years since the US supreme court struck down Texas’s anti-sodomy law. This states that it is a Class C misdemeanor offense, punishable with up to a $500 fine, if a person “engages in deviate sexual intercourse with another individual of the same sex”. But as usual, politicians did not manage to repeal a homophobic law that has been unenforceable since 2003, meaning that a ban on “homosexual conduct” remains part of the Texas penal code.