I am blogging about a subject that is not for discussion with young children, and apparently is not for discussion with the past several Texas Legislatures. I am referring to Chapter 21 Section 21.06 of the Texas Penal Code, more informally known as the Texas Homosexual Conduct Law. I have hesitated to blog on this particular little subject for sometime now. By the time I express not only my personal opinion, but my deep-held beliefs in Liberty and personal responsibility, I know there will be a few people who know me that will be very surprised by my comments in this blog. Some will be favorably impressed; unfortunately, others will not. I know some people may read this blog and decide they can no longer associate with me. Maybe some will not be quite so honest, and my only "talk about me" behind my back. I appreciate the honest "no speakers" very much, even if they never speak to me again. Honesty is a valuable trait no matter where the apples fall, so to speak.
Anyway, here goes....
I was a police officer in Waco, Texas in 1986. I really don't remember what time of the year it was, but I was working the night shift. In the "roll call" meeting that night before starting the 11PM - 7AM shift the lieutenant in charge of the shift told all of us, "Effective immediately, do not enforce the Homosexual Conduct Law." Then he added, "If you NEED to, write a "city ticket" for "attempted Public Lewdness - Homosexual Conduct." I was not told that night, but later found out, that a Georgia state law known as the "Homosexual Conduct" law been struck down by the United States Supreme Court. So why were all the lowly patrol officers now ordered to use a non-existent law to continue the now-illegal enforcement of "the gay law?"
I say "non-existent" but actually, according to Texas Law, any "attempt" to commit a criminal offense could result with one being charged with "Attempted whatever." Thus there is Attempted Murder, Attempted Robbery, and now there was apparently Attempted Homosexual Conduct. Not to worry, though. Since Attempted Public Lewdness - Homosexual Conduct was a Class C Misdemeanor, that meant that all you had to do was receive your "ticket" and go pay your fine at City Court, along with the speeders, red light runners, and so on. Only one problem (at least in my book): since the actual criminal law, Homosexual Conduct, had been declared "unconstitutional" by the United States Supreme Court, it followed (so I thought) that "Attempted Homosexual Conduct" would be JUST as unconstitutional. Really, it mattered not to me anyway. I had long-since made the decision that this was one law that I would never enforce.
So, what happens when a law is ruled "unconstitutional?" Normally one of two things happens. First, the state legislature or the United States Congress, as appropriate, reviews the fallen law and makes amendments to bring it into compliance. On the other hand, if the law cannot be revamped into some legal rule, it is stricken from "the books" and that is the end of it. Apparently neither happened in Texas. The Texas Homosexual Law remained on the books from 1986 to 2003.
So fast forward to 2003, the United States Supreme Court. Just as we walk in, we hear the Honorable Chief Justice rule "Unconstitutional!" and the gavel falls. If we had asked someone there WHAT had been ruled unconstitutional, we would have been told, "Why, the TEXAS Homosexual Conduct Law, of course!" Uh...ummm... just a minute. I thought that we had done that in '86! Nope. It turns out that no one in the Texas Legislature, in the nearly two decades since that night in Waco, had successfully removed the unconstitutional and useless law from Texas law books. In fact, many state representatives and senators had come out in favor of leaving the Homosexual Conduct Law on the books. It can't be legally enforced, but the politicians curried favor with many constituents by being "for" the little law that couldn't.
Now, fast forward to tonight right here, wherever you may be in the United States (if you are in the States, that is). It turnes out that tonight, December 17, 2011 the Texas Homosexual Law, in all its Unconstitutionality, is STILL on the books. Apparently at least thirteen other states have the same laws on the books as well, all unconstitutional and unenforceable. No I am not "Gay," I am not homosexual, but I am concerned that this law is still in any state law book, much less over ten percent of the states.
Here is where some of you may disagree with me, and this is your choice. In fact, that is really the point of this blog. It is our choice. I know what the Bible says about those awful homosexuals! Yes I do. I also know what it says about those awful thieves, haters, killers, drunkards, adulterers, gossips, and liars. And don't forget about lust, jealousy, idolatry, and those who cause God's little children to stumble. I refresh your memory on that last one. It says better they were not born
Anyway, here goes....
I was a police officer in Waco, Texas in 1986. I really don't remember what time of the year it was, but I was working the night shift. In the "roll call" meeting that night before starting the 11PM - 7AM shift the lieutenant in charge of the shift told all of us, "Effective immediately, do not enforce the Homosexual Conduct Law." Then he added, "If you NEED to, write a "city ticket" for "attempted Public Lewdness - Homosexual Conduct." I was not told that night, but later found out, that a Georgia state law known as the "Homosexual Conduct" law been struck down by the United States Supreme Court. So why were all the lowly patrol officers now ordered to use a non-existent law to continue the now-illegal enforcement of "the gay law?"
I say "non-existent" but actually, according to Texas Law, any "attempt" to commit a criminal offense could result with one being charged with "Attempted whatever." Thus there is Attempted Murder, Attempted Robbery, and now there was apparently Attempted Homosexual Conduct. Not to worry, though. Since Attempted Public Lewdness - Homosexual Conduct was a Class C Misdemeanor, that meant that all you had to do was receive your "ticket" and go pay your fine at City Court, along with the speeders, red light runners, and so on. Only one problem (at least in my book): since the actual criminal law, Homosexual Conduct, had been declared "unconstitutional" by the United States Supreme Court, it followed (so I thought) that "Attempted Homosexual Conduct" would be JUST as unconstitutional. Really, it mattered not to me anyway. I had long-since made the decision that this was one law that I would never enforce.
So, what happens when a law is ruled "unconstitutional?" Normally one of two things happens. First, the state legislature or the United States Congress, as appropriate, reviews the fallen law and makes amendments to bring it into compliance. On the other hand, if the law cannot be revamped into some legal rule, it is stricken from "the books" and that is the end of it. Apparently neither happened in Texas. The Texas Homosexual Law remained on the books from 1986 to 2003.
So fast forward to 2003, the United States Supreme Court. Just as we walk in, we hear the Honorable Chief Justice rule "Unconstitutional!" and the gavel falls. If we had asked someone there WHAT had been ruled unconstitutional, we would have been told, "Why, the TEXAS Homosexual Conduct Law, of course!" Uh...ummm... just a minute. I thought that we had done that in '86! Nope. It turns out that no one in the Texas Legislature, in the nearly two decades since that night in Waco, had successfully removed the unconstitutional and useless law from Texas law books. In fact, many state representatives and senators had come out in favor of leaving the Homosexual Conduct Law on the books. It can't be legally enforced, but the politicians curried favor with many constituents by being "for" the little law that couldn't.
Now, fast forward to tonight right here, wherever you may be in the United States (if you are in the States, that is). It turnes out that tonight, December 17, 2011 the Texas Homosexual Law, in all its Unconstitutionality, is STILL on the books. Apparently at least thirteen other states have the same laws on the books as well, all unconstitutional and unenforceable. No I am not "Gay," I am not homosexual, but I am concerned that this law is still in any state law book, much less over ten percent of the states.
Here is where some of you may disagree with me, and this is your choice. In fact, that is really the point of this blog. It is our choice. I know what the Bible says about those awful homosexuals! Yes I do. I also know what it says about those awful thieves, haters, killers, drunkards, adulterers, gossips, and liars. And don't forget about lust, jealousy, idolatry, and those who cause God's little children to stumble. I refresh your memory on that last one. It says better they were not born
