Texas House takes steps to repeal 'homosexual conduct' ban

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AUSTIN, Texas - The Texas House gave approval to a proposal to repeal a 1973 law banning "homosexual conduct" that was ruled unconstitutional more than 20 years ago.

The U.S. Supreme Court found the ban unconstitutional in 2003 when they ruled in Lawrence v. Texas. The ruling made the state's ban on "deviate sexual intercourse with another individual of the same sex" unenforceable.

What we know:

The passed second reading 72-55 on Thursday. On Friday, the bill passed its final House vote in a much closer 59-56 vote, still with bipartisan support.

The bill heads to the Senate where its companion bill has not been heard in committee.

"We look forward to our colleagues in the Senate finishing what is long overdue and finally removing this discriminatory law from our books, once and for all," Jones said.

The bill is sponsored by Sens. José Menendez and Molly Cook.

What they're saying:

On the House floor Thursday, Rep. Venton Jones said the bill strengthens the civil liberties of all Texans and urged the other members to vote for stronger individual freedoms for Texans and not based on their feelings about the Supreme Court decision.

"I'm asking you to vote for a law that Texans should have the freedom and ability to make their own private decisions without unwarranted government interference," Jones said.

Included among those Republicans was Rep. Brian Harrison, who praised the bill for reducing government while speaking in favor of the bill.

Harrison went on to point out the support for repealing the law garnered from other conservatives, like Supreme Court Justice Clarence Thomas and U.S. Sen. Ted Cruz.

Jones, one of the first openly gay Black men to serve in the Legislature, said the vote wasn't just about the single law.

"No one in this state should have to live under the weight of a law that brands them as a criminal for simply existing," Jones said.

This isn't the first time legislation to repeal the law has been presented.

"I stand on the shoulders of giants who carried this legislation before me every legislative session dating back to the 1970s — Representatives Glen Maxey, Debra Danburg, Al Edwards, David Cain, Garnet Coleman, Jessica Farrar, Joe Moody, Michelle Beckley, and former HD 100 Representative Samuel Hudson III, as well as Senators Craig Washington, John Whitmire, José Rodríguez and José Menéndez." Jones said. "Their courage, and that of countless others, helped lay the groundwork for us to be able to meet this historic moment today."

Zombie Law

Why you should care:

While it may not appear to do anything on the surface, the bill removes a "zombie law" from the Texas books.

A zombie law refers to a law that's been ruled unconstitutional but has not been removed. Such laws, while not enforceable in court, could return if the decision that rendered the law dead was overturned.