Various jurisdictions use the "lewd act in a public place"/public indecency ordinances instead of sodomy laws (which were overturned in Lawrence vs Texas), although those ordinances are usually misdemeanors as opposed to a felonious sodomy charge. Lewd act ordinances cover a wide variety of offenses, the act of sodomizing is only one. Also keep in mind that criminal acts are not nullified solely because they are done on private property (the ACLU argued that sex in a public restroom toilet stall is a "private area"). An incestuous relationship done in private will put you in jail as much as one done in public.
Instead of basing our debate on what a wannabe journalist from the New York Daily News wrote, how about we go straight to the source and see what the Texas GOP 2010 Platform says when it comes to the topics at hand:
Marriage Licenses – We support legislation that would make it a felony to issue a marriage license to a same-sex couple and for any civil official to perform a marriage ceremony for such.
Homosexuality – We believe that the practice of homosexuality tears at the fabric of society, contributes to the breakdown of the family unit, and leads to the spread of dangerous, communicable diseases. Homosexual behavior is contrary to the fundamental, unchanging truths that have been ordained by God, recognized by our country’s founders, and shared by the majority of Texans. Homosexuality must not be presented as an acceptable “alternative” lifestyle in our public education and policy, nor should “family” be redefined to include homosexual “couples.” We are opposed to any granting of special legal entitlements, refuse to recognize, or grant special privileges including, but not limited to: marriage between persons of the same sex (regardless of state of origin), custody of children by homosexuals, homosexual partner insurance or retirement benefits. We oppose any criminal or civil penalties against those who oppose homosexuality out of faith, conviction, or belief in traditional values.
Texas Sodomy Statutes – We oppose the legalization of sodomy. We demand that Congress exercise its authority granted by the U.S. Constitution to withhold jurisdiction from the federal courts from cases involving sodomy.
Pornography – We urge our governmental bodies to enforce laws regarding all forms of pornography. We urge more stringent legislation to prohibit all pornography including virtual pornography and operation of sexually–oriented businesses. We oppose the sale of “Not Rated” (NR) movies and video games to minors.
Link to TX GOP Platform
Shall we start this debate again based on what the Texas GOP 2010 Platform really says? (I'll give you guys a hint, you'll still be able to "alter" your lovemaking techniques with your wife without the State of Texas kicking in your bedroom door).
I'm not seeing a statement regarding "in the public commons" here.
It appears that the Platform is disregarding the Right of Private Property in some of these position statements.
You can't do that. Trespass is a Sin, as much as is pornography.
If my neighbor wants to look at dirty pictures (of consenting adults) in his basement, that's a Sin -- but if he's not violating anyone else's Person or Property, then that's between him and God.
But if I vote to Trespass upon his Property in order to stop him from looking at "dirty pictures" (or playing Kamasutra Twister with his wife, whatever), then I'm committing Sin.
I cannot and will not vote in favor of the Sin of Trespass.
As previously mentioned, I do agree with the platform statements against special privileges and "family rights" for homosexuals. I would agree with Dr. Eckleburg that homosexual adoption should be discouraged, or outlawed, by appropriate social and legal measures.