State Budget Experts Mistakenly Claim Sodomy is Still Illegal
To explain why Texas should remove its unconstitutional sodomy ban from the books, Rep. Garnet Coleman (D-Houston) pointed to state budget advisers’ fiscal note for his proposal to repeal the law.
“It is currently a Class C misdemeanor to engage in same-sex sexual intercourse,” the fiscal note states. “A Class C misdemeanor is punishable by a fine of not more than $500. Lost revenue from reduced fines imposed and collected is not anticipated to have a significant fiscal impact.”
Texas’ “homosexual conduct” law was struck down as unconstitutional by the U.S. Supreme Court in 2003. But Coleman said the fiscal note for House Bill 2057, which would finally repeal the statute, illustrates the confusion that results from leaving it on the books.
“Our Legislative Budget Board wrote a fiscal note on a law that’s been overturned by the Supreme Court,” Coleman told the House Committee on Criminal Jurisprudence on Wednesday. “That shows you the problem. As long as it’s on the books, people will arrest someone for a law that’s not valid and will write a fiscal note based on a law that’s not valid.”
Read more: http://www.texasobserver.org/state-budget-experts-claim-sodomy-is-still-illegal/#.VUq4M2HpP7Q.twitter
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