Texas Gay

The Texas GOP platform has called for the support and renewal of the state anti-Sodomy law since 2003. Not this year. BUT, they are still anti-gay!

Lawrence v. Texas, 539 U.S. 558 (2003), 6–3 ruling  struck down the sodomy law in Texas and, by extension, invalidated sodomy laws in thirteen other states, making same-sex sexual activity legal in every U.S. state and territory.

Texas, and nearly all of the other 13 state never formally repealed their laws in their legislatures although the statutes could not be enforced because of the SCOTUS ruling. Still, the legislature did not attempt to fix the law either. They were having it both ways. The law was on the books but the nasty federal government was keeping them from doing what they said was biblically-based righteousness.

The SCOTUS majority ruling of ruling rests on two points
The Texas “Homosexual Conduct” law criminalized sexual intimacy by same-sex couples, but not identical behavior by different-sex couples—violating the Fourteenth Amendment guarantee of equal protection of the laws.
The petitioners’ criminal convictions for adult consensual sexual intimacy in their home violated the principles of liberty and privacy protected by the Due Process Clause.

Rewriting the law to deal with these arguments is a formidable challenge. The Texas state legislature has acknowledged this BUT the legislators have had the cover of the party platform when challenged until now. Typically the GOP would call for the state to re-criminalize both sodomy and gay marriage in a nearly unanimous vote at the state convention held each Spring. (For an example see: http://www.rawstory.com/…)

Why? As in most states, even deeply Red ones, the general public’s acceptance that the tide on this issue has turned has led to compromise with so-called bedrock principles.

BUT, many Texas GOP still wanted cover in dealing with their most conservative constituents. Cue Rick Perry.

Speaking in San Francisco last week, Perry, who still has presidential dreams,  reiterated what he’d said in his 2008 book, On My Honor, stating, “I made the point of talking about alcoholism. I may have the genetic coding that I’m inclined to be an alcoholic, but I have the desire not to do that. And I look at the homosexual issue the same way.”

In the same week the Texas GOP platform appeared to be following Perry’s line, treating homosexuality as a disease that, like alcoholism, needs treatment.

In doing this, the party as a whole and individual leaders in the party are doing what the GOP does so well. Having it both ways.

The new platform continues to oppose gay marriage and allowing gays to foster children. It opposes any laws that would give gays any kind of rights especially the right to marry. But now all of that is framed as an effort to be of Christian Assistance to those who are allegedly mentally unstable and addicted. A return to compassionate conservatism?

The platform still declares that homosexuality “is tearing at the moral fabric of the family,”  and gives full support to the importance of counseling, especially so-called reparative therapy, for those “seeking healing and wholeness from their homoexual lifestyle.”

As in so many other issues the GOP is caught between wide spread social trends and the views of a narrow, reactionary, and often fundamentalist core. The GOP is in a tense struggle to hold onto its religious conservatives. Dave Brat, the anti-gay, anti-choice, anti-immigration candidate who toppled House Majority Leader Eric Cantor (R-Virginia) in a GOP primary last week, is a deadly reminder that what the GOP core wants is at odds with what most people want.

At the same time, GOP strategists, studying the demographics, know that their future lies with moderate GOPers, independents, and Blue Dog Democrats who aren’t anti-gay but just want their tax cuts.

So they’re trying out all kinds of things.

The Arizona “religious liberties” law vetoed by Gov. Jan Brewer earlier this year was an unsuccessful effort to cast the gay issue as a violation of religious liberty. Polling told the tale and Jan Brewer, who is not running for reelection, vetoed it. Perfect. The GOP legislature got to pass the law overwhelmingly and Brewer, who they say is now way too friendly with Democrats, knocked it back. Thus, when evangelicals in a meeting in AZ last week railed against the failure to pass the law, the GOP had a scapegoat.

Previous articleIraq And The Ghosts Of South Vietnam
Next articleGod, Mother Nature, Or The Higher Power.
Proud to be an Independent Progressive. I am a progressive- a one time Eisenhower Republican (from 1965 through 2004)who is now a Democrat. I live in a very RED STATE and am a community activist with a very BLUE AGENDA. I was a professor of history, and am now a researcher and gentleman farmer. My political positions are mixed - thus my preferred identification as a Progressive Independent. I am conservative on matters of military intervention, in regard to abortion, immigration, the public school system, gun rights, taxation, voter ID. But I am a traditional conservative, a Buckley, National Review, Eisenhower Republican..... I am a liberal on matters of health care care, funding education, taxation (yes one can be both liberal and conservative on this), civil rights, and alternative energy development/climate change.

45
Leave a Comment

Please Login to comment
8 Comment threads
37 Thread replies
0 Followers
 
Most reacted comment
Hottest comment thread
16 Comment authors
PollyTicsPete GellerkesmarnGreenChicasherrybb Recent comment authors
  Subscribe  
newest oldest most voted
Notify of
PollyTics
Member
PollyTics

“The Texas GOP platform has called for the support and renewal of the state anti-Sodomy law since 2003”
==================================

I would be curious to learn just how much the GOP is against “sodomy” as it applies to their own particular marriage or relationships…

Pete Geller
Member
Pete Geller

Don’t know if you or any others caught this comic rant by comedian Jamie Kilstein but he pretty much trashes any ‘religious’ arguments regarding morality, religion, marriage and having kids. Enjoy!

http://www.upworthy.com/a-comedian-tears-apart-a-classic-anti-gay-argument-in-a-hilariously-vicious-3-minute-rant?c=ufb2

sillylittleme
Member

Nice piece Murph!! As a person who was raised on the OT, I have the following to say. Jews got over this issue well over a decade ago. We have LGBT rabbis and cantors and we acknowledged gay marriages even as the “state” did not. If you have to take stuff from someone else’s book, then you don’t have an argument. And as we all know there is nary a mention of sexuality, of any variety, in Jesus’ teachings. Primarily, that is because there are certain laws that were set out ages ago that no longer apply, and if Jews can get past it so can all those who follow a Judeo-Christian philosophy. Excuse me, gotta cook some bacon… ;=}

RSGmusic
Member
RSGmusic

Hello friend, well written article and defines the GOP. It is one way the GOP does push away votes for them. Clouded in religion are the reasons they take this stance. Religions are very seldom wrong in the eyes of the followers. No compromise is at the heart of the right. The funny thing is Religion of any kind does not write civil laws in the USA biased to their religion. Well that is not true in the red states. The first amendment says it very similar to the approve. No compromise is the bias that the far right have trouble reading polls and making laws that will work in the USA. To say that family values are broken by being gay is not true. Being gay has been around since before the constitution. The world has not come to an end. In a sense the values they live by are equal of better. Gays have to explain both sides of the issue eventually. Human Nature and natural are seen in different lights. Natural is what you do. Human nature is written by citizens thru science, chemistry, physics and biology. The Far right Churches do not recognize science just what they interpret from the bible. These interpretations are subject to the opinion of who is reading it. The final point is that citizens on the far right do practice LGBT issue. So in the Supreme court if it is debated. Some conservatives who marry one way get all the rights under the constitution while other conservative get married another way by law and do not get all the rights of the other conservatives. Well there can not be two types of conservatives so LGBT marriages will be constitutional eventually in all the states.

project on hold.

prosper in long life Murph!!

cyndibru
Member
cyndibru

Plenty of “GOPers” and/or conservatives have known for a long time that gay people are born that way and have no problem acknowledging or admitting it. Unfortunately, the bible-thumping “moral majority” members of the party will always have their heads up their asses when it comes to this issue. As a conservative, I’m a lot more concerned that people, whether they are straight, gay, bi, transgendered, or whatever….form stable and committed relationships before they take on the responsibilities of having and raising children than I am with who does what to whom in the bedroom. Of course I favor gay marriage, just as I favor straight marriage as opposed to more casual types of relationships. I’ll never understand the mindset that marriage is just too much of a commitment, but hey, let’s have kids! That said, as long as you’re not asking me to pay for them, set up your family any way you like.

GreenChica
Member
GreenChica

Cyn–I wish that rational folks like you didn’t get drowned out by all the tea party shouting and hysteria that goes on in the GOP. I know this happens on the left as well but it seems to be careening out of control on the right. This country would be a lot more functional if we stopped demonizing each other. It’s a democracy. We have to find a way to compromise and live together. Extremists on both sides are worse than counter-productive. They are rotting our democracy. I haven’t read all your posts, I’m sure, so maybe you’ve addressed this, but I’m curious to know what you think of Rush Limbaugh, Fox News, and the activities of the Koch Brothers.

cyndibru
Member
cyndibru

Sure. I find Rush annoying, just as I find most radio “call-in” type shows annoying. If it’s anyone but a parrot calling in, the host talks (more like SHOUTS) over the caller. Basically, radio shows are entertainment, not sources for unbiased information. I’ve even heard Rush himself say that his job is to be an entertainer. I suspect he could be equally “entertaining” from the other political perspective as well if he chose to. He found a market and he tapped it well. Of course, so did Jerry Springer.

I’m not a Fox News watcher either, at least from a political perspective. I really don’t watch TV news at all, unless I’m looking for something in particular at a specific time, like weather, or something on a big national story, or election results. I’d prefer to be spared the “analysis” and just given the facts, but that doesn’t seem possible on TV these days. If I do watch, it’s usually flipping between Fox, MSNBC, and CNN looking for who’s got what I’m specifically interested in at the moment. The political commentary I recognize for what it is. It’s totally biased on all 3 of those channels. I suppose if I HAVE to listen to it, I’d probably pick Fox just because the conservative point of view annoys me less than the liberal point of view, but just like I know the difference between actual evidence introduced in court versus attorney spin and smokescreen, I know the difference between a reported fact and political commentary/spin. That said, don’t like Hannity, O’Reilly, Matthews, Maddow, and a bunch of others, mostly because I find them grating on my nerves. I didn’t mind Brian Williams when he was on MSNBC, and I don’t mind Brit Hume on Fox.

As for the Koch brothers, I don’t really care about them any more than I care about Bloomberg, Katzenberg, Steyer, Rove, etc. I live in Kentucky and there is more outside money from BOTH sides coming into our Senate race than money from inside the state. Both sides use everything they’re allowed to use by law. As long as there is ONE dark money PAC on the Dem side, they have no leg to stand on when it comes to criticizing the Koch brothers, as far as I’m concerned. It’s either ok across the board or it isn’t, and no fair complaining when the opposing side happens to be winning in the money race at the moment. I find it funny how politicians will lament the money in politics, but then run for office and suddenly, opting for just the public funds isn’t a palatable option even when the opponent is willing. For me, it either all comes out and we allow only public campaign funds, or it’s all in and anything goes. To me, it’s all just politics and everything I find hypocritical and distasteful about it. The only time people complain is when they think “the other side” is beating them at their own game. It’s amazing to me all the complaining since 2010 by the Dems about gerrymandering. It’s not new, it’s been going on for years and years, just like “ward politics” in big cities. I live in a state where historically until recently the Dems had control of both legislative houses and did LOTS of gerrymandering. I’m sure in other states the opposite was true. If you’ve ever done it, you can’t get mad when the other guy manages to do it bigger and better. Frankly, we should all go the way of California and do it with non-partisan commissions. And we should have public financing of elections, IMO. But until then, it’s politics as usual, and no one’s hands are clean.

KillgoreTrout
Member

“No one’s hands are clean…” While this may be true to an extent, I think some hands are much, much dirtier than others’.

Democrats are actually trying to move this country forward. That can not honestly be said about republicans. When they spend the majority of their time trying to repeal the ACA (which has already benefited millions), continuing to conduct this Benghazi witch hunt, and now contemplating a lawsuit against the president, just how are they even remotely concerned about the well being of our country and it’s people?

cyndibru
Member
cyndibru

I think that’s why we have two main parties. There’s a lot of disagreement on what constitutes “moving forward” and who pays for it. Dirty is dirty, IMO. Whose hands are “dirtier” varies over time, and by location.

kesmarn
Admin

KT, I agree. I’ve heard what I call the “But Ma! All the kids are doing it!” argument to justify political dirty tricks way too many times. There is a matter of degree. For example, people have said that unions put money into elections, so why shouldn’t the Koch brothers? But the fact is, when you total the contributions of the 10 largest unions in the country, it amounts to 1/14 of what the Kochs put in to trying to sway the outcome of the 2012 elections. Also — on the issue of gerrymandering. It isn’t a matter of “both sides do it.” I and my family (including parents and grandparents) have voted in the same area of Ohio for decades. Marcy Kaptur was our rep for over 30 years and the district boundary lines had been the same since long before she was elected. It wasn’t until 2010 that the GOP radically and ridiculously redrew lines all over the State of Ohio to virtually guarantee Repub victories for many years to come. I lost Marcy as my Rep and likely will never get her back again. I could vote Dem until the year 2100 and I would always be outnumbered because of the way the boundaries have been rigged.

Two wrongs do not make a right.

cyndibru
Member
cyndibru

But that’s just it with the gerrymandering — I live somewhere where I was affected for years by Democrat gerrymandering. It took DECADES for the GOP to gain enough representation in my state to put a stop to it. It’s the same for other people in other states as well. So to us, it’s an absolutely hollow lament. This may be the first time YOU were affected, but I can assure you, BOTH sides do in fact do it.

kesmarn
Admin

Ran out of room down there, Homie, but all I can say is I am totally with you on every point!

🙂

KillgoreTrout
Member

Absolutely kes. So many people have been “convinced,” that both parties are the same. They’re both corrupt beyond all hope. I know that wasn’t exactly what Cyndi was saying, but I see it written and hear it said far too many times.

Talk about creating apathy and extinguishing hope. The two parties are not the same, as you already know. President Obama is a remarkable man and has achieved some real landmark accomplishments, all in the face of fanatical opposition and even hatred.

The dems have people like Marcy, Bernie Sanders, Elizabeth Warren, Al Franken….et al. Sure, there are those old school guys like Charlie Rangel and a few others, but even they have more concern for the American people than almost anybody I can think of on the other side.

GreenChica
Member
GreenChica

Thanks, Cynd. You make good points!

sherrybb
Member
sherrybb

Dang it, Cindy- why can’t you run for office? You always have been what i call ” one of the sane Republicans. ” there probably are more of you than we know. How do you deal with it when you are voting? Do you just go with the fiscal issues and ignore the other stuff you disagree with? ( not asking that sarcastically ok? ) I mean, I suspect you even believe that compromise is not a swear word? 🙂

cyndibru
Member
cyndibru

I could never run for office — I have a bad habit of telling it like it is and saying what I really think, and I find “political correctness” abhorrent. I’d never make it past the screening committee!

When I am voting, I suspect I am like most people. You have to prioritize what is most important to you, because I know very few people who aren’t in conflict with SOME aspect of their political party. For me, the fiscal and personal responsibility issues are the most important.

And sometimes your party just really nominates a stinker candidate. I actually voted for our Democratic governor, Beshear, twice. The first time he ran, because he supported legalizing casino gaming as opposed to our Republican governor at the time who did not.(and it was opposed by a lot of our down-state reps and senators of both parties because of their Baptist constituencies). To me, that was just a fiscal no-brainer as we were losing a lot of money to surrounding states. Plus, I didn’t think Fletcher had done a very good job overall and was doing some crazy stuff and there were ethics questions going on. It was the first time I voted for a Dem for a state or national office in a long time. I voted to re-elect him again for the same reasons, he still supported casino gaming, he did a better job for the state fiscally than Fletcher had done, and the Republican he was running against was the state senate majority leader who frankly was just an absolute ass.

So while I do find most of the time I’m more in agreement with GOP fiscal policy, I’m not blind about it. The individuals running DO matter. For example, if I lived in South Carolina, I could NEVER have voted for Sanford after his nonsense.

sherrybb
Member
sherrybb

yet, the truth is, those qualities would make you the best candidate. You are not so locked into an ideology that you are blind, you call it like it is, instead of hem and haw and try to see which way the political winds are blowing. Imagine what our politicians could do if they could all set down their blind partisanship and simply do the thing that was best for the country. Not sure we ever had the majority of them doing that, but there were days when we had some doing that!

ah, we can dream.

cyndibru
Member
cyndibru

We can dream! I think the electorate in general is the biggest part of the problem, rather than the politicians. They’re a reflection. If you don’t tell people what they WANT to hear, rather than what they NEED to hear, you don’t get elected.

Nirek
Member

Cyndi, I think you are a closet progressive. Or at least more progressive than you admit.

Miles Long
Member
Miles Long

Let’s not be completely fooled, and especially disarmed, about the successes in Marriage Equality across the nation.

Look how long it’s been since the major Civil Rights successes occurred, and just look at what kind of racist garbage crawled out from under rocks when the country elected and re-elected a half-Black Potus. {wink}

Miles “I’ll Never Be Fooled Again” Long

James Michael Brodie
Member

We are witnessing — and taking part in — the last days of one set of isms. The GOP is reduced to whiny platitudes aimed at appeasing an ever-shrinking base.

The Republican slide toward Whig obscurity continues…

sillylittleme
Member

I totally agree. Look what happened yesterday with Thad Cochran’s win. The tea hats are all out of their minds today, screaming about how the Ds subterfuged the primary Funny, since I thought the tea party were the ones subterfuging the Rs. Like pulling taffy, it will eventually snap back into little tiny pieces… ;=}

Beatlex
Member
Beatlex

Lets hope they hit the crest of the slope and slide like they are going over Niagara Falls in a barrel Jim

confuseddemocrat
Member

Do not underestimate the GOP. They have decided that the stoking of huge amounts of white resentment and fear, coupled with a smidgen of voter disenfranchisement and frustration (to breed apathy among democrats) will be enough to maintain power directly through control of the house and states and indirectly through hostage taking (government shutdowns).

If anything, so far their plan has been shockingly successful.

It is not the GOP that needs to change, it is the blue collar, low info white male voter who needs to wake up and realize he is voting for his own economic demise when he supports the GOP.

Miles Long
Member
Miles Long

In the 2040’s all that becomes moot when whites become a minority in the United States…

Miles “Can’t Wait” Long

RSGmusic
Member
RSGmusic

Agreed Mileslong

live long and prosper!

James Michael Brodie
Member

No underestimation, my friend. Just history and numbers. They may win a battle or two more along the way, but their efforts are little more than a finger in a dam that is leaking all around them.

The tide will wash them away unless they get smart and head for shore…

pinkpantheroz
Member

“The platform still declares that homosexuality “is tearing at the moral fabric of the family,” and gives full support to the importance of counseling, especially so-called reparative therapy, for those “seeking healing and wholeness from their homoexual lifestyle.”” Really? I’d love to see the hard evidence that alternative lifestyles are tearing anythig. Being gay is genetic, so no ‘councelling”, or laws, for that matter is going to change anything. The poor GOP fundamentalistic taliban can only see the more openness of LGBT as an expansion of the ‘illness’, now that more have come out publicly. The proportion of gay to non-gay of the population probably hasn’t changed percentage wise. It is such a pity that St. Ron of Reagan let the Evangelical genie out of the bottle to have so much say on the poor gullible GOPTP sheep. Such narrow, blinkered reliance on some old book or other has damaged the US Democracy Ideal irreparably, in my opinion.

Let Texas, by all means, try to reinstate those laws that catapult them back into the Middle Ages, so they can burn witches and stone adultere…… I think they better think it out again!

KillgoreTrout
Member

When I first read the news about Perry saying that being gay or alcoholic is a genetic predisposition, I thought to myself, wow, a GOPer admitting that gay people are born that way?

Of course he went on to say that people should “choose,” not to engage in homosexual behavior. The sheer level of stupidity on this issue among the GOPers and baggers, is remarkable.

Of course Perry is gearing up for another run at the white house, and is now donning glasses. I wonder if he thinks glasses will just make him LOOK smarter or if they will actually MAKE him smarter.

“You can’t fix stupid!” Ron White