Anti-gay laws are still on the books in Texas, even though they're unenforceable ... for now.
Several laws on the books in Texas classify homosexual conduct as a criminal offense. For example, there’s a section of the state’s health and safety code that says “homosexual conduct is not an acceptable lifestyle and is a criminal offense.” The state’s family code says marriage licenses can’t be granted to same-sex couples. Texas penal code even makes homosexual conduct a Class C misdemeanor.
“Attitudes have shifted – evolved, you might say – dramatically in the past 20 years,” Johnson said. Because of this, he thinks a majority of voters, if asked, “would repeal this unfortunate mistake of a discriminatory provision in Texas law.” Some of the anti-LBGTQ laws in Texas have been rendered unenforceable by Supreme Court decisions. In 2003, for example, the Supreme Court ruled in Lawrence v. Texas that the portion of the state’s penal code criminalizing same-sex intercourse violated the due process clause of the 14th Amendment. But, the recent overturning of Roe v. Wade, the ruling that made abortion a constitutional right, has some wondering how long decisions like these will stand.
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