Fear and (Self) Loathing in Texas
Likely, you have heard the phrase "self-loathing homosexual" stumble out of the mouths of politicos and pundits who fight for oppressive legislation against our community. What those who invoke the "self-loathing homosexual" argument fail to realize is that the self-loathing many in our community feel stems not from a sense of our sexual orientations being morally wrong, but instead from what we are taught about homosexuality in school and, undoubtedly, in our churches.
Up until 2003, when the Supreme Court ruled that laws prohibiting consensual homosexual sex were unconstitutional, intimacy between two same-sex people in love was considered a crime in Texas. In spite of the ruling eliminating the law, its legacy remains deeply embedded in our legislative history and the perception of ourselves as full and complex individuals.
During a routine 2009 taco run in El Paso, two men at Chico's Tacos embraced in a kiss. The public display wasn't acceptable to the security guard on duty, who approached the two men and advised that they don't allow "that f@gg-t stuff" to go on there. After the incident escalated, El Paso police officers arrived and threatened to arrest the two men who kissed under the Texas Homosexual Conduct law. It wasn't until senior officers arrived that the police officer threatening the men learned that the Court invalidated the law. The legislature, however, has not removed the law from our Penal Code and it remains written in the pages to this day under Section 21.06. Specifically, the law states: "A person commits an offense if he engages in deviant sexual intercourse with another individual of the same sex."
Although legislators in Texas have proposed a repeal of the outdated, unconstitutional law nearly every session since the judicial repeal, it has yet to be removed. That may change this year. Representative Jessica Farrar has introduced House Bill 604. The bill relates not only to the repeal of the Homosexual Conduct Law, but goes further, amending the Texas Health and Safety Code to remove the bigoted language that plants the seed of homophobia in our school children.
Presently, Section 85.007(b) of the Health and Safety Code requires that "model education materials" intended for persons under the age of 18 must "state that homosexual conduct is not an acceptable lifestyle and is a criminal offense under Section 21.06, Penal Code." House Bill 604 would also amend Section 163.002 of the Health and Safety Code to strike from its language the requirement that all instruction relating to sexual education or sexually transmitted diseases include the statement 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." Because of the legislation within the Health and Safety Code, from an early age, gay people are admonished for being "born this way."
It seems obvious that "self-loathing" isn't the issue. Instead, we are taught to loathe ourselves. We are taught that we our "lifestyle" is not acceptable. This is repeated over and over again throughout our formative years resulting in too many people living in fear, the closet and in bathrooms, chip, chip, chipping away at our self-esteem.
But we can inspire change. Thanks to the introduction of the repeal by Rep. Farrar, we have a legislative course to remove these ridiculous and harmful laws from Texas, but it will take all of us. Contact your State Senator and encourage them to introduce similar legislation as has been introduced in the House. Contact your representatives and encourage them to support the repeal. Consider building relationships with your representatives by volunteering, setting up meetings with them or joining committees they are interested in. Together, we can help end government-sanctioned homophobia.
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