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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.
Miami Herald
16-05-2025
- Politics
- Miami Herald
Texas House Votes to Repeal ‘Homosexual Conduct' Ban
The Texas House of Representatives have preliminarily voted in favor of repealing the state's defunct ban on "homosexual conduct." On Thursday, lawmakers voted 72-55 to give first approval to House Bill 1738. In 2003, the U.S. Supreme Court struck down Texas' law criminalizing gay sex in a landmark decision in Lawrence v. Texas. But anti-sodomy laws remain on the books in Texas and other states. These laws could become enforceable if the high court, which has a 6-3 conservative majority, overturned its decision in Lawrence-the way laws banning abortion became enforceable after the court overturned Roe v. Wade in 2022. Supreme Court Justice Clarence Thomas has said the court should review other precedents, including Lawrence and the court's 2015 decision legalizing same-sex marriage. State Representative Venton Jones, a gay man and Texas' first openly HIV-positive lawmaker, said on the House floor on Thursday that repealing the law was "common sense governance." "Despite the clear precedent that the Lawrence v. Texas [decision] set over two decades ago, this outdated and unenforceable language remains in our penal code," he said. Jones added: "I'm not asking you to vote based on whether or not you agree with the Lawrence v. Texas ruling. Instead, I'm asking you to vote on a law that strengthens the fundamental civil liberties and individual freedoms that all Texans deserve. "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 sponsors included some of the chamber's most progressive and most conservative lawmakers. Sponsors and cosponsors included three Democrats-Jones, Joe Moody and Ann Johnson-and Republicans Brian Harrison and Dade Phelan. Newsweek has contacted the lawmakers for comment via email. Democratic state Representative Venton Jones told The Dallas Morning News after Thursday's vote: "It was a great feeling. I think it gave a little bit of hope. When you have a lot of really long and bad days in this chamber, it's nice when we can come together and get something right." Republican state Representative Brian Harrison said in a statement to the Texas Tribune: "Criminalizing homosexuality is not the role of government, and I support repealing it." Jonathan Covey, the director of policy for Texas Values, said in opposition to the measure, per the Morning News: "Some laws don't need to be enforceable to serve a purpose. They are declarative and persuasive, and that's what this bill does for those who read about it or know about it. It warns that this conduct is not acceptable." Thursday's House vote was the furthest the effort to repeal the ban has gone in the Texas Legislature. House Bill 1738 is expected to pass a final vote on Friday before advancing to the Texas Senate, according to the Tribune. Related Articles Supreme Court Unanimously Rules to Reopen Texas Civil Rights LawsuitDemocrat Edges Out Leading Republican in Texas Senate Race-GOP PollDeadline to Protest Property Taxes in Texas: Here's What to KnowTexas is Hotter Than the Hottest Place on Earth 2025 NEWSWEEK DIGITAL LLC.
Yahoo
16-05-2025
- Politics
- Yahoo
Texas House moves toward repealing anti-sodomy law
The Texas House of Representatives took a preliminary vote Thursday in favor of repealing the state's anti-sodomy law, which has been unenforceable since a U.S. Supreme Court decision in a case out of Texas in 2003. Keep up with the latest in + news and politics. The repeal bill, House Bill 1738, must be approved by the House once again before the Texas Senate votes. It's unclear when the next House vote will be, and the Senate's companion bill has not received a committee hearing. Thursday's House vote was 72-55, The Dallas Morning News reports. This marks the farthest a repeal bill has progressed. The Texas anti-sodomy law, along with any others still existing in the nation, was struck down by the U.S. Supreme Court in Lawrence v. Texas in 2003. However, the state still has its law against 'homosexual conduct' on the books, and it could become unenforceable if the high court ever overturns Lawrence, something conservative Justice Clarence Thomas said he'd like to see after the fall of Roe v. Wade in 2022. That would take a case getting to the court. An unusual coalition of Texas legislators got behind the repeal, Texas Monthly reports. The bill's sponsors and cosponsors consist of three Democrats — Venton Jones Jr., Joe Moody, and Ann Johnson — and two Republicans, Brian Harrison and Dade Phelan. Harrison's mission has included 'rolling back LGBTQ rights,' according to Texas Monthly, with specific efforts to ban drag performances at public colleges and universities and remove gender studies from them. However, in supporting the repeal, he issued a statement saying, 'Criminalizing homosexuality is not the role of government, and I support repealing it.' He added, 'I will continue consistently fighting for limited government and individual liberty.' His reasoning for his opposition to drag and gender studies at public institutions of higher education is that these schools are taxpayer-funded. Harrison also once 'bragged about stealing a book on nonmedical gender transition from a [University of Texas] library,' Texas Monthly notes, adding that it's unclear how this action would save tax dollars. Jones, a gay man who is the first openly HIV-positive lawmaker in Texas, spoke Thursday in favor of repeal. 'I'm not asking you to vote based on whether or not you agree with the Lawrence v. Texas ruling,' said Jones, who also the vice chair of the House's LGBTQ Caucus, as quoted by the Morning News. 'Instead, I'm asking you to vote on a law that strengthens the fundamental civil liberties and individual freedoms that all Texans deserve.' Just three members of the public testified in person about the bill, with Jonathan Covey, director of policy for Texas Values, being the only one opposed. 'Some laws don't need to be enforceable to serve a purpose,' he said, according to the Morning News. 'They are declarative and persuasive, and that's what this bill does for those who read about it or know about it. It warns that this conduct is not acceptable.' Moody asked him, 'Is it the position of your organization that homosexuals should be viewed as criminals? Because that's the only reason to keep this statute on the books.' 'The position of our organization is that we don't want to pull something out that's going to make it seem like that homosexuality is more acceptable,' Covey responded. Some other far-right figures have spoken in favor of repeal, including Republican U.S. Sen. Ted Cruz of Texas. Justice Thomas even called the anti-sodomy law 'uncommonly silly,' but he said its fate should be up to legislators, not the courts, and he questioned the Supreme Court's basis for striking it down. However, Texas Attorney General Ken Paxton has said he'd be "willing and able" to defend the sodomy ban if needed. Paxton is challenging Texas's other U.S. senator, John Cornyn, in next year's Republican primary races, as he considers Cornyn insufficiently conservative.
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.
