Sec. 21.06. Homosexual Conduct.
(a) A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex.
(b) An offense under this section is a Class C misdemeanor.
This is the specific Texas law before the Supreme Court. Anyone want to argue with me whether this is Constitutional?
I stand corrected. I didn't think it would say the same sex thing. The Amendment talking about equal protection under the law will probably be used, unfortunately. I don't think anyone has the b@lls, no pun intended, to make the claim the homo orientation isn't covered by that Constitutional definition, which I'm not clear on if they are or not.
Not to cut and run, but I don't really mind if that's the ruling. I am still more concerned that the case is judged on the Right To Privacy again, rationalizing deviancy, which is why Santorum's A=B B=C A=C points resonated with me.
I'll give it a quick shot. The Texas law applies equally to all persons. The prohibition is against deviate sexual intercourse with someone of the same sex. This applies to all males and all females.