[longtermmemmory]

Texas, as some other states, has a law which specifically mandates the teaching that homosexuality is an unacceptable lifestyle choice.

These are the two statutes:

§ 163.002. INSTRUCTIONAL ELEMENTS. Course materials
and instruction relating to sexual education or sexually
transmitted diseases should include:
(1) an emphasis on sexual abstinence as the only
completely reliable method of avoiding unwanted teenage pregnancy
and sexually transmitted diseases;
(2) an emphasis on the importance of self-control,
responsibility, and ethical conduct in making decisions relating to
sexual behavior;
(3) statistics, based on the latest medical
information, that indicate the efficacy of the various forms of
contraception;
(4) information concerning the laws relating to the
financial responsibilities associated with pregnancy, childbirth,
and child rearing;
(5) information concerning the laws prohibiting
sexual abuse and the legal and counseling options available to
victims of sexual abuse;
(6) information on how to cope with and rebuff
unwanted physical and verbal sexual advances, as well as the
importance of avoiding the sexual exploitation of other persons;
(7) psychologically sound methods of resisting
unwanted peer pressure; and
(8) 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.

Added by Acts 1991, 72nd Leg., ch. 14, § 51, eff. Sept. 1, 1991.


and



§ 85.007. EDUCATION PROGRAMS FOR MINORS.
(a) The
department shall give priority to developing model education
programs for persons younger than 18 years of age.

(b) The materials in the education programs intended for
persons younger than 18 years of age must:
(1) emphasize sexual abstinence before marriage and
fidelity in marriage as the expected standard in terms of public
health and the most effective ways to prevent HIV infection,
sexually transmitted diseases, and unwanted pregnancies; and
(2) state that homosexual conduct is not an acceptable
lifestyle and is a criminal offense under Section 21.06, Penal
Code.

(c) In addition, the materials in the education program
intended for persons younger than 18 years of age must:
(1) teach that sexual activity before marriage is
likely to have harmful psychological and physical consequences;
(2) teach adolescents ways to recognize and respond to
unwanted physical and verbal sexual advances;
(3) teach that the use of alcohol or drugs increases a
person's vulnerability to unwanted sexual advances; and
(4) emphasize the importance of attaining
self-sufficiency before engaging in sexual activity.

Added by Acts 1991, 72nd Leg., ch. 14, § 36, eff. Sept. 1, 1991.
Amended by Acts 1999, 76th Leg., ch. 1411, § 24.01, eff. Sept. 1,
1999.



The severability of the criminal portion does not mitigate the requirement that students MUST be taught homosexual conduct is unacceptable.

[xm177e2]

The severability of the criminal portion does not mitigate the requirement that students MUST be taught homosexual conduct is unacceptable.

I would remind you of Lawrence v. Texas--we're talking about the same Texas--in which an anti-gay state law was found to be unconstitutional. So the fact that there is another anti-gay state law in Texas doesn't prove very much.

But there is a difference between the state promoting a viewpoint it likes (legitimate) and the state preventing citizens from promoting their own viewpoints, which it might not like (illegitimate).