November 18, 2004
Why?
By Jim Dallas
Briefly, why is the homosexual sodomy statute (overturned by the Supreme Court) still on the books in Texas, while the statute criminalizing adultery is not?
"Thou shalt not commit adultery." Remember that one, fellows?
Moreover, if the state is going to be in the marriage business, ipso fact it's in the adultery business.
Just my two cents.
Posted by Jim Dallas at November 18, 2004 10:45 AM
| TrackBack
My guess is that Lawrence came out right after the last session ended, so the legislature didn't have the opportuntity to take the law off the books in regular session. There've obviously been several special sessions of the legislature since then. It'd be sweet if someone attached a rider to the (unnecessary) constitutional amendment bill regarding gay marriage to remove the unconstitutional law from the Penal Code.
Yeah, but it took over 30 years for somes states to repeal from their laws the criminal penalties for the gastly crime of marrying a person of a different race. Hell, Kentucky even reinforced its statutes on the "crime" the year after the Supreme Court unanimously struck down such laws.
A bill specifically to repeal §21.06 of Texas Penal Code has been proposed in three of the last four regular sessions of the Lege:
- 75th session, 1997 - HB 1329
- 76th session, 1999 - HB 337
- 77th session, 2001 - HB 389
None got out of committee. The removal has also been apart of just about every omnibus overhaul of Texas Penal Code since the 1970's (the last one being in 1993), but always gets added back by nutjobs like the dishonorable bigot from Pampa, Warren Chisum. Bush actually made a comment about the bill in 1999 stating that even if it passed the lege, he'd veto it as "a symbolic gesture of traditional values."
The statute is going to stay. We still have laws on the books in Texas making it a crime to be a member of the communist party, despite the fact that they have been held unconstitutional on the grounds of the right of association & free speech.
Could you point out where that is located in the code still about the Communists?
Karl-T,
See Government Code §557.022, prohibiting Communists from appearing on a ballot or serving in a non-elected position in Texas.
Actually, I stand corrected, it is not a crime to be a communist in Texas. It is illegal to be a communist and run for public office - same point though about unconstitutional laws never being cleared from the books. Look at Tex. Government Code Chapter 557.
