Texas Sodomy Ban One Step Closer To Repeal After House Vote

It took more than two decades, but the Texas House of Representatives has finally voted to wipe a long-defunct anti-sodomy law off the books.

In a 72-55 vote Thursday, lawmakers gave preliminary approval to House Bill 1738, which would formally repeal the state’s law criminalizing “homosexual conduct”—a law the U.S. Supreme Court deemed unconstitutional in 2003’s Lawrence v. Texas decision. A final House vote is still needed before the bill heads to the Senate, where its future remains uncertain. But for now, this marks historic progress for a repeal effort that has failed session after session since 2005.

“Despite the clear precedent that the Lawrence v. Texas decision set over two decades ago, this outdated and unenforceable language remains in our penal code,” said State Representative Venton Jones, the bill’s lead sponsor, during Thursday’s floor debate. “I’m not asking you to vote based on whether or not you agree with the Lawrence v. Texas ruling. Instead, I’m asking you to vote on a law that strengthens the fundamental civil liberties and individual freedoms that all Texans deserve.”

Jones—Texas’s first openly HIV-positive lawmaker and one of only a handful of openly gay legislators in the state—called the repeal effort “common sense governance.” And in a moment of rare bipartisan alignment, some of the bill’s co-sponsors agreed.

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“Criminalizing homosexuality is not the role of government, and I support repealing it,” said Republican Rep. Brian Harrison, a staunch conservative who’s previously led efforts to ban drag shows and eliminate gender studies at public universities. Despite those stances, Harrison said his support of the repeal reflects his commitment to “limited government and individual liberty.”

That this bill moved forward at all is remarkable. HB 1738 represents the farthest any effort to repeal the law has gone since the Supreme Court struck it down. And it comes amid a bleak legislative climate in Texas, where more than 200 anti-LGBTQ+ bills have been introduced this session alone—more than in any other state, ever.

For LGBTQ+ Texans, symbolic laws like the sodomy ban aren’t just technicalities—they’re dangerous reminders of a time when simply existing could make someone a criminal. And with a 6-3 conservative majority on the U.S. Supreme Court, many advocates worry that precedents like Lawrence could be overturned, especially after Justice Clarence Thomas explicitly suggested revisiting it following the dismantling of Roe v. Wade.

That’s what makes repealing the law now so urgent, says Brad Pritchett, Interim CEO of Equality Texas.

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“When people hear the phrase ‘gay rights’ I think that can be confusing, because this is literally all we want—the privacy to live our lives in peace,” Pritchett said in a statement. “While the law that the House voted to strike from the books has been illegal for over two decades, today’s victory is no small feat. The passage of this bill in the House is a testament to the drive, dedication, and bipartisan determination of State Representative Venton Jones. We know that when we work together, we can make life better for all Texans. I hope other Texas lawmakers will have the courage to follow Venton Jones’ lead and work toward progress together.”

That progress won’t come easily. The Senate companion bill hasn’t yet received a committee hearing, and Attorney General Ken Paxton has stated he’d be “willing and able” to defend the sodomy ban should the Supreme Court reverse course. Far-right organizations like Texas Values have also continued to defend the law, arguing that even unenforceable statutes send a moral message.

“Some laws don’t need to be enforceable to serve a purpose,” said Jonathan Covey, director of policy for Texas Values. “They are declarative and persuasive.”

Rep. Joe Moody, one of HB 1738’s co-sponsors, wasn’t having it. “Is it the position of your organization that homosexuals should be viewed as criminals?” he asked Covey during the hearing.

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“The position of our organization is that we don’t want to pull something out that’s going to make it seem like that homosexuality is more acceptable,” Covey replied, making the stakes of the repeal crystal clear.

Repealing the law won’t undo the harm it caused, or the damage being done by the Legislature’s continued attacks on queer, and especially trans, Texans. It won’t guarantee protection from discrimination or violence. But it does mark a symbolic step toward dignity, clarity, and equality.

HB 1738 is expected to receive a third reading and final House vote in the coming days. If passed, it will head to the Texas Senate, where lawmakers now have a chance to follow the House’s lead and finish the job.

Whether they will is a different question entirely.