Burnt Orange Report
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November 18, 2004Why?By Jim DallasBriefly, 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
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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. Posted by: 'stina at November 18, 2004 11:30 AMYeah, 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:
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." Posted by: Craig at November 18, 2004 02:17 PMThe 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. Posted by: WhoMe? at November 18, 2004 07:44 PMCould you point out where that is located in the code still about the Communists? Posted by: Karl-T at November 18, 2004 10:45 PMKarl-T, See Government Code §557.022, prohibiting Communists from appearing on a ballot or serving in a non-elected position in Texas. Posted by: Craig at November 19, 2004 12:21 AMActually, 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. Posted by: WhoMe? at November 19, 2004 12:26 AM
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