(ThePatriotWire)- Last week, a spokesperson for Texas Senator Ted Cruz said Cruz believes Texas should nullify its sodomy law.
While it is no longer enforced, the Texas sodomy law remains on the books despite the Supreme Court declaring it unconstitutional in 2003. Since then, state lawmakers have tried and failed to repeal it.
And Senator Cruz thinks it is time to repeal it.
In a statement to the Dallas Morning News, a Cruz spokesperson said the Senator’s position is that the government “has no business” in the bedrooms of consenting adults, and what these adults do in private is their own business.
Texas is one of eleven states that still have sodomy laws on the books.
In the 2003 Lawrence v. Texas decision, the Supreme Court invalidated sodomy laws ruling that intimate consensual sex was protected by substantive due process under the Fourteenth Amendment.
Currently, the Democrats are using the overturning of Roe v. Wade to fearmonger over other Supreme Court rulings that cited substantive due process, including Lawrence v. Texas, by claiming that these other rulings are also at risk of being overturned.
However, the majority opinion in Dobbs specifically limits the decision to abortion, explaining that unlike the substantive due process argument in gay marriage, sodomy, or contraception, abortion destroys a human life.
But that isn’t stopping the Democrats from claiming that gay marriage, sodomy, and access to contraception are all at risk from an “extremist” Supreme Court.
In a recent interview, Texas Attorney General Ken Paxton was grilled on whether he would enforce the Texas sodomy ban if the “extremist” Supreme Court should overturn Lawrence.
Paxton said under the Constitution, the job of the Attorney General is to defend state law, “and I’ll continue to do that.”
