In the midst of everyone’s rush to give Putin’s Russia (much deserved) grief over the country’s law banning “homosexual propaganda” or whatever, the Washington Post published an article identifying eight U.S. states with laws that, while nowhere near the Russian law in letter, might seem close to it in spirit. The U.S. state laws, commonly known as “no promo homo” laws, presumably by people who never expect to have to say that out loud, apply specifically to public education regarding teh gayz. Unlike Russia’s law, they do not include provisions for incarceration and whatnot.
The Texas statute is worth examining, provided that any such examination is followed by peals of derisive laughter and ruthless mockery at our backwards legislators. Texas Health & Safety Code § 163.002(8) provides as follows:
Course materials and instruction relating to sexual education or sexually transmitted diseases should include…emphasis, provided in a factual manner and from a public health perspective, that homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense under Section 21.06, Penal Code.
I see four glaring problems here:
- “Emphasis, provided in a factual manner.” The absurdity of this provision should become clear once it is demonstrated that nothing following it in the statute is in any way factual.
- “From a public health perspective.” Similarly, this really does not apply to either of the assertions that follow.
- “Homosexuality is not a lifestyle acceptable to the general public.” This might have been sort of true in 1991, when the Legislature passed this particular statute, but times have undoubtedly changed and continue to change, and it was never really the public’s business anyway. What happened to liberty, Texas Legislature? I guess that only applies to things you don’t personally find icky, right?
- “Homosexual conduct is a criminal offense under Section 21.06, Penal Code.” This was certainly true in 1991, but it hasn’t been true since 2003, when the U.S. Supreme Court struck down that specific statute in Lawrence v. Texas. The fact that the Legislature hasn’t bothered to take it off the books in the subsequent decade is pretty embarrassing. Not as embarrassing, of course, as the law mandating that schools continue to teach kids that a statute ten years in its constitutional grave still has legal force.
EDIT (02/13/2014): Edited to correct a spelling error – “times have undoubtedly change” should say “times have undoubtedly changed.”
