The issue that I am writing about is about the bill HB 1701 that Texas State Representative Jessica Farrar of Houston D-148 is trying to get passed. This bill will repeal a section of the Texas Penal code 21.06 which says that engaging in a homosexual act is considered a misdemeanor crime. Though this section of the Texas Penal Code was declared unconstitutional, it remains in books due to refusal from the state of Texas. In some cases the fact that this section, yet unconstitutional, remains in the book has led to discrimination and unlawful treatment towards gays or lesbians from law enforcement.
In an article I read online from Equality Texas it says that "This section of the Texas Penal Code was ruled unconstitutional by the United States Supreme Court in its 2003 decision, Lawrence v. Texas." The case was about a man who had the police called to his house on a weapons disturbance call and when the police arrived they found Lawrence engaged in a sexual act with another man and were both arrested for sexual misconduct, then ordered to pay a fine simply for being two men having intercourse. The men argued that this was illegal under the Equal Protections Act as well as the Fourteenth Amendment. The men took their case to the Supreme Court where the ruling favored the two men, saying this arrest did indeed violate the Fourteenth Amendment, therefor making Section 21.06 illegal and unconstitutional.
The Equality Texas article also says that the HB 1701 "would also remove from the Texas Health and Safety Code the statement "homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06Penal Code." In my opinion it is crazy that this section has been deemed unconstitutional by the Supreme Court, yet still remains in the books. I feel this is the State of Texas' way of still holding a strong arm against homosexuality. As I have been reading the chapters about civil rights in my textbook and how we as a nation have fought so hard with one another to make an equal, fair and happy life for everyone, I find it incredibly confusing that there are still states, politicians and people in general who refuse to accept people for who they are. I have lived in Texas my whole life and have nothing but love for my state, but there are certain things that I just cannot stand for. The withdrawing of funds for women's health care because some clinics support abortion and especially the discrimination against gays and lesbians is something I can't tolerate. Isn't the right to be free what being an American is all about? Is this not why so many people come from different countries to live in America? The land of the free where every citizen is given an equal opportunity to be themselves and make a life for themselves. Isn't that what civil rights and the Civil Union is all about??
I understand everyone having their own beliefs and ideas about what is moral and what is immoral, and we are all entitled to our own opinion but when it comes to the law, what is says shall stand no matter what anyone may think of it. This is why HB 1701 should be passed and everyone should support the removal of Section 21.06 and equal rights for every citizen. This bill will be bring us as a nation closer to fully closing the gap on discrimination and homophobia. As a native Texan and someone who absolutely loves this state and the city I live in and someone who has many gay and lesbian friends, I want Texas to be known for the many beautiful things it has to offer, not unjust practice against people of any diverse culture or lifestyle. There are many bills being sent to the House all the time and although I do think ones dealing with economical issues are extremely important among many other topics, so are ones protecting citizens rights such as HB 1701.
Sources:
EqualityTexas.org
http://kids.laws.com/lawrence-v-texas
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