Latest news with #HB1738
Yahoo
30-05-2025
- General
- Yahoo
Before stalling in Texas Senate, ‘homosexual conduct' bill made legislative history
In 2023, a fifth of the country's state-level bills impacting the LGBTQ+ community were filed in Texas, according to a Human Rights Campaign analysis. In 2025, Equality Texas reported a new record number of such bills filed at the State Capitol, surpassing 200 – up from 141 the session before. KXAN's team of journalists – many LGBTQ+ staff members with unique, developed and inside perspectives providing nuance to our fair, rigorous and balanced reporting standards – produced multimedia stories like this one for the 'OutLaw' project, taking an in-depth look at what this trend could mean for Texas' future. AUSTIN (KXAN) — A proposal aimed at repealing Texas' unconstitutional ban on 'homosexual conduct' has stalled at the end of the legislative session in the Senate, waiting weeks for a committee referral following full House passage and missing key deadlines. Still, the historic progress of House Bill 1738 has its author already promising to file it again next session in 2027. READ: 'Homosexual conduct' bill advances further than past attempts, as end-of-session deadlines approach HB 1738 was filed after KXAN's OutLaw investigation explored the origins and legal challenges surrounding a state statute enacted in 1973 to criminalize 'deviate sexual intercourse with another individual of the same sex.' The U.S. Supreme Court declared the law unconstitutional in 2003, but state lawmakers never removed the language from Texas' penal code. A KXAN analysis revealed at least 60 bills filed since the 1980s attempting unsuccessfully to repeal the law. That includes HB 1738, which advanced further than any of its predecessors in the legislative process. While the law is technically unenforceable, critics say leaving it in limbo opens the possibility of its misuse by police who do not understand its legal status and lawmakers crafting other policies that could impact the LGBTQ+ community. KXAN has documented such instances in its previous coverage. EXPLORE – OutLaw: A Half-Century Criminalizing LGBTQ+ Texans The only group to deliver public testimony against HB 1738 this session was the conservative activist group, Texas Values. Its policy director, Jonathan Covey, told a House committee, in doing so, Texas Values wants to send a 'message that (homosexual conduct) is not acceptable.' Following House approval, the bill's author, Rep. Venton Jones, D-Dallas, said in a post on X the measure has no place in Texas statute. He filed a similar measure as a freshman lawmaker last session and was hopeful, this time, the Senate would continue his momentum to finish what was 'long overdue' and remove the 'discriminatory law' from the books. KXAN is awaiting comment from the offices of Sens. Jose Menendez, D-San Antonio, and Molly Cook, D-Houston – each named in Jones' post as sponsors in the upper chamber. Both filed similar proposals this session to repeal the law, but they failed to move forward. On Friday, as the legislature headed into its final few days of the session, Jones told KXAN he is 'incredibly proud of the significant strides we made in our efforts to finally repeal' the law and that he plans to file the bill again in 2027. 'This achievement is a testament to the dedication of my colleagues and the tireless work of numerous former members who have championed this issue for decades,' he added. 'I am committed to continuing this legacy and seeing this through to completion in the next session.' Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
26-05-2025
- Politics
- Yahoo
‘Homosexual conduct' bill advances further than past attempts, as end-of-session deadlines approach
In 2023, a fifth of the country's state-level bills impacting the LGBTQ+ community were filed in Texas, according to a Human Rights Campaign analysis. In 2025, Equality Texas reported a new record number of such bills filed at the State Capitol, surpassing 200 – up from 141 the session before. KXAN's team of journalists – many LGBTQ+ staff members with unique, developed and inside perspectives providing nuance to our fair, rigorous and balanced reporting standards – produced multimedia stories like this one for the 'OutLaw' project, taking an in-depth look at what this trend could mean for Texas' future. AUSTIN (KXAN) — A bill filed after KXAN's OutLaw investigation faced a steep challenge this legislative session but has progressed further than any of its predecessors. House Bill 1738 would repeal Texas' unconstitutional ban on 'homosexual conduct.' The House narrowly passed the bill in recent days, and it now awaits a Senate committee assignment as crucial deadlines approach at the end of the session. EXPLORE – OutLaw: A Half-Century Criminalizing LGBTQ+ Texans 'This law has been unenforceable for over 20 years but still sits on our books as a symbol of state-sanctioned discrimination,' the bill's author, Rep. Venton Jones, D-Dallas, said in a post on X following the House vote. 'I authored HB 1738 because this isn't just about one law — it's about restoring core constitutional principles: the right to privacy, freedom from government overreach, equal protection under the law.' WATCH: Historic House vote, approving 'homosexual conduct' ban repeal The U.S. Supreme Court declared the law unconstitutional in 2003, but Texas lawmakers never removed the language from statute. KXAN's legislative analysis shows at least 60 previous attempts to do just that since the 1980s. The most consistent group against such proposals has been the conservative activist organization Texas Values, which has registered or testified 17 times against nine of the bills – far more than any other group. Texas Values Director of Policy Jonathan Covey, the only individual who testified against HB 1738 in an April House committee hearing, told lawmakers his organization wanted to send a 'message that (homosexual conduct) is not acceptable conduct.' 'The position of our organization is that we don't want to pull something out (of statute) that's going to make it seem like homosexuality is more acceptable,' Covey said. Still listed in the Texas Penal Code as a Class C misdemeanor, the measure defines 'homosexual conduct' as engaging in 'deviate sexual intercourse with another individual of the same sex.' It contains only a brief notation indicating it is unenforceable due to the Court's Lawrence v. Texas decision, which rendered sodomy laws in more than a dozen states including Texas unenforceable. HB 1738 has had some bipartisan support. Among the handful of Republicans who voted with Democrats during House passage, two are listed among Jones' four co-authors: former House Speaker Dade Phelan, R-Beaumont, and Rep. Brian Harrison, R-Midlothian. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
16-05-2025
- Politics
- Yahoo
House approves bill to remove Texas ‘homosexual conduct' ban
AUSTIN (KXAN) – In a 72-55 vote Thursday, the Texas House approved a proposal to remove a law criminalizing 'homosexual conduct' from the state's penal code. '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's author, Rep. Venton Jones, D-Dallas, said when laying out the bill on the House floor. 'I'm proud to acknowledge the bipartisan support this bill has gathered.' The measure was declared unconstitutional by the U.S. Supreme Court in 2003. Critics of the law say leaving it in limbo opens the possibility of its misuse by police who do not understand its legal status and lawmakers crafting other policies that could impact the LGBTQ-plus community. READ: 'Homosexual conduct' repeal bill's path in Texas House Regardless of a brief notation indicating the Supreme Court's ruling in Lawrence v. Texas, state lawmakers have never repealed the language from statute. KXAN has documented the history of the measure in its OutLaw project. HB 1738 has advanced further in the legislative process than previous proposals to repeal the law. A KXAN analysis reveals at least 61 such attempts since the 1980s – the majority of which were filed following the Court's decision. The law still defines 'homosexual conduct' as engaging in 'deviate sexual intercourse with another individual of the same sex.' 'When we have a conversation regarding my fiancé Gregory and I, why should I – a colleague of yours – be treated as criminal under this statute?' Jones asked members of the House Committee on Criminal Jurisprudence during a hearing last month. The committee later approved the bill 6-5. The only group to deliver public testimony against the bill was the conservative activist group Texas Values. Its policy director, Jonathan Covey, told the panel, in doing so, Texas Values wants to send a 'message that (homosexual conduct) is not acceptable.' The House must still pass the bill on third reading, then it will await a Senate committee assignment in the final weeks of the session. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
12-05-2025
- Politics
- Yahoo
Bill to repeal ‘homosexual conduct' ban advances to Texas House
In 2023, a fifth of the country's state-level bills impacting the LGBTQ+ community were filed in Texas, according to a Human Rights Campaign analysis. In 2025, Equality Texas reported a new record number of such bills filed at the State Capitol, surpassing 200 – up from 141 the session before. KXAN's team of journalists – many LGBTQ+ staff members with unique, developed and inside perspectives providing nuance to our fair, rigorous and balanced reporting standards – produced multimedia stories like this one for the 'OutLaw' project, taking an in-depth look at what this trend could mean for Texas' future. AUSTIN (KXAN) — A Texas law criminalizing 'homosexual conduct' – on the books since 1973 – is closer to being repealed Monday. House Bill 1738, which would remove the measure from the state's penal code, was added to the day's General State Calendar over the weekend, preparing members for a possible floor debate. State legislators have tried for years to remove it from statute but have so far been unsuccessful. An updated KXAN analysis shows at least 61 bills filed to repeal the provision since the early '80s, but none have passed. This legislative session, there were at least six such bills – including HB 1738 by Rep. Venton Jones, D-Dallas. It was voted out of the House Committee on Criminal Jurisprudence last week 6-5, after being left pending for nearly a month following its public hearing. RELATED: Texas House panel hears testimony on proposed repeal of 'homosexual conduct' ban In 2023, Jones – then a House freshman and the first Black, openly gay lawmaker in Texas – filed a similar proposal, documented in KXAN's OutLaw investigation. It passed unanimously out of the same committee then but later stalled, never reaching the House floor for a vote. While that bill progressed further than most of its predecessors, without its passage the law has remained on the books. Critics of the law say leaving it in limbo opens the possibility of its misuse by police who do not understand its legal status and lawmakers crafting other policies that could impact the LGBTQ+ community. 'Law enforcement professionals acting in good faith, but sometimes unaware of the legal complexities, have violated the due process and civil liberties of Texans by attempting to enforce this defunct law,' Jones said in the April hearing. 'Removing this language eliminates the potential for error and protects both our citizens and our state's resources.' Still listed in the Texas Penal Code as a Class C misdemeanor, the measure defines 'homosexual conduct' as engaging in 'deviate sexual intercourse with another individual of the same sex.' It contains only a brief notation indicating it is unenforceable due to the U.S. Supreme Court's 2003 Lawrence v. Texas decision, which rendered sodomy laws in more than a dozen states including Texas unenforceable. But the decision did not force state lawmakers to remove the measure from their penal codes. Today, Texas, Kansas and Kentucky still list statutes outlawing homosexual sodomy. HB 1738 does have some bipartisan support, as two Republicans are listed among Jones' four co-authors: former House Speaker Dade Phelan, R-Beaumont, and Rep. Brian Harrison, R-Midlothian. As of this session, the most consistent group against such proposals has been the activist organization Texas Values, which has registered or testified 17 times against nine of the bills – far more than any other group. Texas Values Director of Policy Jonathan Covey, the only individual who testified against HB 1738 in the April hearing, told committee members his organization wanted to send a 'message that (homosexual conduct) is not acceptable conduct.' 'The position of our organization is that we don't want to pull something out (of statute) that's going to make it seem like homosexuality is more acceptable,' Covey said. Texas Values seeks to influence public opinion and the legislative process in support of conservative causes with the goal of supporting 'faith, family and freedom,' according to its website. The group has previously not commented on this topic to KXAN, despite our multiple attempts. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
08-04-2025
- Politics
- Yahoo
Bill to repeal Texas' ban on ‘homosexual conduct' resurfaces in new session
In 2023, a fifth of the country's state-level bills impacting the LGBTQ+ community were filed in Texas, according to a Human Rights Campaign analysis. Equality Texas tracked a record 141 such bills this year up from just 12 in 2015. Some policies passed and several others progressed substantially in that legislative session. KXAN's team of journalists – many LGBTQ+ staff members with unique, developed and inside perspectives providing nuance to our fair, rigorous and balanced reporting standards – produced multimedia stories like this one for the 'OutLaw' project, taking an in-depth look at what this trend could mean for Texas' future. AUSTIN (KXAN) — For decades, Texas law has continued to contain a provision outlawing 'homosexual conduct,' despite the U.S. Supreme Court's 2003 ruling in Lawrence v. Texas that the measure is unconstitutional. State lawmakers have tried for years to get the measure – enacted in 1973 – removed from statute but have so far been unsuccessful. An updated KXAN analysis shows at least 61 bills filed to repeal the provision since the early '80s, but none have passed. Forty-five of those followed the Court's ruling. This legislative session, there are at least six such bills – including HB 1738 by Rep. Venton Jones, D-Dallas, which is set for a hearing before the House Committee on Criminal Jurisprudence Tuesday. OutLaw: Criminalizing LGBTQ+ Texans In 2023, Jones – then a House freshman and the first openly gay state lawmaker in Texas – filed a similar proposal, documented in KXAN's OutLaw investigation. It passed unanimously out of the same committee then but later stalled, never reaching the House floor for a vote. While that bill progressed further than most of its predecessors, without its passage the law has remained on the books. Critics of the measure say leaving it in limbo opens the possibility of its misuse by police who do not understand its legal status and lawmakers crafting other policies that could impact the LGBTQ+ community. Still listed in the Texas Penal Code, it contains only a brief notation indicating it is unenforceable due to the Supreme Court's Lawrence decision – a Houston case highlighted by KXAN. That ruling rendered sodomy laws in more than a dozen states including Texas unconstitutional and unenforceable, reversing the 1986 Bowers v. Hardwick decision which had upheld a Georgia law criminalizing sodomy. But the decision did not force state lawmakers to remove the measure from their penal codes. Today, Texas, Kansas and Kentucky still list statutes outlawing homosexual sodomy. Dale Carpenter, a constitutional law professor at Southern Methodist University and author of the book 'Flagrant Conduct: The Story of Lawrence V. Texas,' previously told KXAN not repealing the laws in those states means they could one day go back into effect, if Lawrence were ever overturned. 'That old law – it just lays there like an unused whip,' he told KXAN. 'A prosecutor could potentially pick it up again and use it for enforcement purposes or for other kinds of discriminatory actions.' LISTEN: Catalyst Podcast On LGBTQ+ Issues Jones' bill layout Tuesday will mark at least the 15th time in history Texas lawmakers have held a public hearing with witness testimony on such legislation, according to a KXAN analysis. As of 2023, the most consistent group against the legislation was the activist organization Texas Values, which had registered or testified 17 times against eight of the bills – far more than any other group. Texas Values seeks to influence public opinion and the legislative process in support of conservative causes through 'effective education, research and issue advocacy,' with the goal of supporting 'faith, family and freedom,' according to its website. The group has previously not commented on this topic to KXAN, despite our multiple attempts. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
