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Texas House could vote to repeal sodomy ban

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feeds.texastribune.org – By Eleanor Klibanoff – 2025-05-15 05:00:00


The Texas House is set to vote on House Bill 1738, which aims to remove a 1973 law banning homosexual conduct that has been unenforceable since the U.S. Supreme Court’s 2003 ruling in *Lawrence v. Texas*. Despite past failures, the bill has gained bipartisan support. Rep. Venton Jones, the bill’s author, emphasized its symbolic importance for the LGBTQ+ community. Though the law is unenforceable, its repeal is seen as a step toward removing discriminatory statutes from the books, especially following the 2022 *Roe v. Wade* ruling, which raised concerns about old laws being revived.

Texas House votes to repeal ban on “homosexual conduct”” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

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In 2003, the U.S. Supreme Court found Texas’ ban on homosexual conduct to be unconstitutional in Lawrence v. Texas. More than 20 years later, the Legislature took its first steps to remove that prohibition from the books.

On Friday, the Texas House voted 59-56 to approve House Bill 1738, which would remove from state statute the unenforceable 1973 law that bans “deviate sexual intercourse with another individual of the same sex.” The bill passed on a preliminary vote the day before with 72 votes in support and 55 against.

Friday’s vote is the furthest the repeal bill has made it despite years of advocacy around the issue. It now goes to the Senate, where it’s likely to get stuck in the deluge of work left to be done before the legislative session ends June 2. But Rep. Venton Jones, a Dallas Democrat and one of the first Black gay members of the Texas House said approval among peers in his chamber is still incredibly meaningful.

“Working on this bill has been a one step at a time process, for so long,” Jones, the bill author, said. “I am standing on the shoulders of people who have carried this bill before me, and that’s where I get my strength.”

The first efforts to repeal this law date back to around the time Jones was born in 1984, he said, meaning this fight has spanned his whole life. As a gay man, knowing this law was on the books, even unenforceable, was a reminder of the state’s long-held position of discrimination against people like him.

Speaking on the House floor Thursday, Jones said he wasn’t asking lawmakers to vote on whether they agreed with the Lawrence decision.

“Instead, I’m asking you to vote on a law that strengthens the fundamental civil liberties and individual freedoms that all Texans deserve,” he said. “I’m asking you to vote for a law that upholds the principles that Texans should have the freedom and ability to make their own private decisions without unwarranted government interference.”

The bill attracted an unlikely alliance of some of the chamber’s most liberal and most conservative voices. Rep. Brian Harrison, a Midlothian Republican and rabble-rouser who has spent most of the session accusing fellow House members of being insufficiently conservative, signed on as co-author.

“Criminalizing homosexuality is not the role of government, and I support repealing it,” he said in a statement. He pointed to support for repeal from conservatives like U.S. Sen. Ted Cruz and Supreme Court Justice Clarence Thomas, adding that he “will continue consistently fighting for limited government and individual liberty.“

Harrison pointed out Thursday that he and Jones frequently disagree, but he was in support of the bill because it reduces government.

“This might actually be the first bill we’ve brought to the floor that removes the law off of our books,” Harrison said.

Taking an unenforceable law off the books is, in many ways, a symbolic gesture. Because of the Supreme Court’s ruling, a prosecutor cannot bring criminal charges under this law. But the thing about “zombie laws” is they sometimes have a habit of rising from the grave.

When the Supreme Court overturned Roe v. Wade in 2022, Attorney General Ken Paxton took Texas’ old abortion statute, which had been on the books but unenforced for almost 50 years, dusted it off and declared it good law.

The question of whether he can do that remains unresolved by the courts, leading to widespread confusion and competing litigation. While there are no cases before the Supreme Court that would overturn Lawrence, the abortion ruling made removing old laws from the books a more urgent conversation, Jones said.

“It was already past time to do this, and now even more so,” he said.


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This article originally appeared in The Texas Tribune at https://www.texastribune.org/2025/05/15/texas-homosexual-misconduct-ban-gay/.

The Texas Tribune is a member-supported, nonpartisan newsroom informing and engaging Texans on state politics and policy. Learn more at texastribune.org.

The post Texas House could vote to repeal sodomy ban appeared first on feeds.texastribune.org



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

This content is generally presented from a moderate progressive perspective, emphasizing the removal of outdated and discriminatory laws related to LGBTQ+ rights in Texas. It highlights bipartisan cooperation in the legislative process and includes supportive quotes from both liberal and conservative lawmakers. The article frames the repeal effort as a civil rights advancement while acknowledging conservative views on limited government and individual liberty, suggesting a balanced yet slightly progressive leaning. Overall, the tone and framing align most closely with center-left political views.

News from the South - Texas News Feed

It's a love story: Taylor Swift, Travis Kelce announce engagement

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www.kxan.com – Addy Bink – 2025-08-26 12:17:00

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We're excited for National Dog Day!

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www.youtube.com – KHOU 11 – 2025-08-26 07:44:49

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'Bathroom bill' advances in Texas House days after tensions flared at hearing

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www.kxan.com – Ayden Runnels – 2025-08-25 21:30:00

SUMMARY: A Texas House panel approved Senate Bill 8, limiting transgender people’s use of bathrooms in government buildings, marking the first House advancement of a “bathroom bill” in over eight years. The bill, backed by Gov. Greg Abbott, passed 9-3 in committee and now heads to the House floor. SB 8 imposes penalties on institutions allowing restroom use not matching sex assigned at birth and extends restrictions to schools, universities, shelters, prisons, and jails. Opponents warn it promotes harassment and violence, while supporters cite protection of women and children. The bill includes measures to shield it from legal challenges. Lawmakers must pass bills by Sept. 13.

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