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Senator José Rodriguez Files SB 538 to Repeal the Unconstitutional §21.06 of the Texas Penal Code
Posted on February 13, 2013 at 10:35 pm

Austin, Texas (February 13, 2013) – Texas State Senator José Rodriguez of El Paso (D-29) has filed SB 538 to repeal §21.06 of the Texas Penal Code, which lists “homosexual conduct” as a misdemeanor crime.

This section of the Texas Penal Code was ruled unconstitutional by the United States Supreme Court in its 2003 decision, Lawrence v. Texas.

Although unenforceable and unconstitutional, the state of Texas has refused to remove §21.06 from the books.

This antiquated law has been misused by untrained law enforcement officials to mistreat and harass Texas citizens.

“There is absolutely no justification for this antiquated and unconstitutional provision to remain on the books,” said Chuck Smith, Executive Director at Equality Texas. “It is past time for this relic of the past to be repealed from the Texas Penal Code,” Smith said.