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How old is this statute? I thought I had heard that Texas had the 3rd largest homosexual population in the US. If this is the case, what prosecutor would go forward with a case like this and how was evidence obtained? If the two guys were found doing this in a public place, there should be other charges that could be pursued.

"Texas had the 3rd largest homosexual population in the US"

Gotta be carefull making comparisons like this. Would not be out of line as Texas has the second largest population. Not exactly fair to compare Texas and Rhode Island or Idaho.

Being in Houston, I remember when this case was first reported a couple of years back. The whole thing has seemed to be a "constitutional" setup case.

The officers were called to the scene by a neighbor who cited an assault going on next door. Police find the door to the residence unlocked and happen to come in on 2 men performing a sexual act. The officers on the scene are aware enough to charge the men with the commission of this sexual act in their residence (generally it is applied to sex acts performed in public areas such as parks and restrooms).

The homosexual activists have not made any public attempts to get the law changed through the legislature although they have tried to codify unmarried same sex partner health benefits.

I've never understood how the public schools could teach about homosexuality, cities could fund benefits for homosexual staffers' lovers, etc. while the very acts are illegal. Seems to me that they are fostering a society of scoflaws.