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Texas House Passes Bill to Repeal Defunct Ban on Same-Sex Activity

The measure, approved in a bipartisan 72-55 vote, now moves to the Senate for consideration before the legislative session ends on June 2.

Demonstrators in favor of LGBTQ rights rally outside the U.S. Supreme Court in Washington, DC, October 8, 2019
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Overview

  • House Bill 1738, authored by Rep. Venton Jones, seeks to remove Texas' unenforceable 1973 ban on consensual same-sex activity from state law.
  • The bill passed the Texas House with support from all Democrats and 12 Republicans, highlighting bipartisan backing for the repeal.
  • The ban has been unenforceable since the 2003 U.S. Supreme Court ruling in Lawrence v. Texas, but concerns about 'zombie laws' have spurred renewed urgency for formal repeal.
  • The measure now heads to the Texas Senate, where it must pass before the legislative session ends on June 2 to reach Governor Greg Abbott's desk for potential approval.
  • Prominent conservatives, including U.S. Sen. Ted Cruz and Justice Clarence Thomas, have expressed support for repealing the law, though some opposition remains among social conservatives.