It's still illegal to be gay in Texas in 2016. A lawmaker wants to end that

Being gay is illegal? A graphic of the state showing the percentage of LGBT people in each state. Gallup estimated in 2012 that about a half-million Texans identified as gay or homosexual. A Texas lawmaker hopes to eliminate that language from the state's criminal code starting in January. less Being gay is illegal? A graphic of the state showing the percentage of LGBT people in each state. Gallup estimated in 2012 that about a half-million Texans identified as gay or homosexual. A Texas lawmaker hopes ... more Photo: Wikimedia Commons Photo: Wikimedia Commons Image 1 of / 29 Caption Close It's still illegal to be gay in Texas in 2016. A lawmaker wants to end that 1 / 29 Back to Gallery

Every day in Texas, more than an estimated half-million people are breaking a law that's on the books, but unenforceable.

It's technically illegal to be gay in Texas.

The law, passed in 1974, makes homosexual conduct a class C misdemeanor, punishable by up to 180 days in jail and a $2,000 fine.

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The law has been unenforceable since 2003, when the U.S. Supreme Court declared a ban on sodomy unconstitutional in a case called Lawrence v. Texas. The decision rendered unconstitutional the section of the criminal law to enforce that provision, which states, "A person commits an offense if he engages in deviate sexual intercourse with another individual of the same sex." But, the language remains on the books today.

Now, Rep. Joe Moody, D-El Paso, wants to repeal the language, which could be used to create mischief if any public official really wanted to try to prosecute someone.

House Bill 96 would excise language saying "that homosexual conduct is not an acceptable lifestyle and is a criminal offense." (It's part of the crossed out language, signaling the section of the law being repealed.)

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A Gallup polling estimated in 2012 that more than 500,000 Texas residents identified as homosexual.

More than a dozen states still have laws on the books attempting to ban all forms of sodomy regardless of the participants' genders: Alabama, Florida, Georgia, Idaho, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, North Carolina, Oklahoma, South Carolina, and Utah.

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Texas stands with Kansas and Kentucky as the only states with laws still on the books targeting same-sex relations only.

Texas lawmakers will get a look at Moody's proposal once the legislature returns to session in January.

And, it remains possible that they'll bring Texas into the 21st century on this issue. Or at least acknowledge the high court's decision.