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12 republicans joined all 60 democrats in the Texas house to vote to formally repeal the gay sex ban that was ruled unconstitutional in 2003

First time the Texas house has passed any repeal attempts. It still faces steep odds in the Texas senate

  • orclev@lemmy.world
    64·
    23 hours ago

    If it was ruled unconstitutional you’d think it would automatically be considered repealed. I suppose this could come into play potentially with our nut job supreme court though. If they decided to overturn the 2003 decision and it wasn’t officially repealed it could come into effect again, so uh… good on Texas I guess?

    • andros_rex@lemmy.world
      46·
      23 hours ago

      It’s sorta like how many states had abortion laws on the books ready to return to enforcement the second Dobbs happened.

      It’s not as if a sitting Supreme Court Justice has speculated on getting rid of Lawrence v Texas - oh wait:

      [W]e should reconsider all of this Court’s substantive due process precedents, including Griswold, Lawrence, and Obergefell. Because any substantive due process decision is ‘demonstrably erroneous’ … we have a duty to ‘correct the error’ established in those precedents.”

      Clarence Thomas. Shithead would give up Loving v Virginia as long as he keeps getting to be a sex pest and enjoy fun yacht trips.

    • UnderpantsWeevil@lemmy.worldEnglish
      7·
      22 hours ago

      If it was ruled unconstitutional you’d think it would automatically be considered repealed

      The change in law resolves a lot of peripheral bullshit, because the Legislature can long windedly close the door on municipal bigots who think they can rules lawyer homophobia at the local level.

      Similarly, articulating bigotry back into state law can open the door for homophobic municipalities to harass gay couples.