‘God created man and woman for each other’: Texans cite Scripture in opposition to HB 1738
Updated at 11:49 a.m. ET on April 15, 2025
Two Republican lawmakers — including a self-identified Christian conservative — are throwing their support behind an effort to repeal what activists say is an outdated and unenforceable law prohibiting “homosexual conduct.”
House Bill 1738, reintroduced by state Rep. Venton Jones, D-Dallas, seeks to remove criminal penalties for “homosexual conduct” from the Texas Penal Code more than two decades after the U.S. Supreme Court ruled such laws unconstitutional in the 2003 Lawrence v. Texas decision.
Get Our Latest News for FREE
Subscribe to get daily/weekly email with the top stories (plus special offers!) from The Christian Post. Be the first to know.
The statute, part of Texas Penal Code Chapter 21, concerning sexual offenses, was originally established as part of the Revised Penal Code in 1973 and refers to homosexuality as “deviate” sexual acts “that are not considered traditional intercourse between a man and a woman.”
Despite the 2003 ruling, the defunct law has remained on the books and, according to Jones, has led to ongoing issues, including accidental arrests.
During a public hearing on April 8, Jones, one of the first openly-gay black members of the Texas Legislature, emphasized the practical consequences of the outdated statute. “Law enforcement professionals acting in good faith, but sometimes unaware of the legal complexities, have violated the due process and civil liberties of Texans by attempting to enforce this defunct law,” Jones stated. “Removing this language eliminates the potential for error and protects both our citizens and our state’s resources.”
The bill has attracted support from an unlikely pair of Republicans: former House Speaker Dade Phelan, R-Beaumont, and Rep. Brian Harrison, R-Midlothian. Dade, who was ousted as Speaker earlier this year by Rep. Dustin Burrows, R-Lubbock, has previously voiced support to repeal the sodomy statute, while Harrison supported a similar effort in 2023.
On his campaign website, Harrison bills himself as a promoter of “conservative, Christian ideals” and even touts an endorsement from Republican U.S. Sen. Ted Cruz.
In a statement to CP Monday evening, Harrison said: “Criminalizing homosexuality is not the role of government, and I support repealing it along with Senator Cruz, who called to repeal this law years ago, and Justice Clarence Thomas, who called our ban ‘uncommonly silly’ and said, ‘If I were a member of the Texas Legislature, I would vote to repeal it.’ I will continue consistently fighting for limited government and individual liberty.”
Cruz, a notable conservative voice who has garnered the backing of President Donald Trump, has also supported repealing the statute since at least 2022, following the Supreme Court’s decision to overturn Roe v. Wade.
Despite the support of Cruz and others, any repeal of the statute remains a political longshot.
During the April 8 public hearing, a number of self-identified Christians went on record to oppose the move.
Greg Torres of Sweetwater said the ban “has been a law due to the fact that it is wrong and goes against what the majority of people have always know is wrong, evil and against God.”
“God created man and woman for each other,” he added. “Any other type of sexual relationships are an abomination.”
Another resident, Brenda Howard of Belton, said her opposition to the repeal was based on “the biblical principle of one man and one woman,” while Jay Roberson of Austin cited Bible passages such as Romans 1:26-27, 1 Corinthians 6:9-11, and Leviticus 18:22 to explain his opposition.
“While I don’t hate anyone, I hate what the Bible clearly calls sin,” said Roberson. “This truth is timeless. It brings dishonor on those who practice it and the nation who tolerates it. To tell the truth is not hate or hate-crime if you want what’s best for all people, families and this state.”
Opponents of the repeal, however, were nearly split evenly with supporters of HB 1738, with one commenter, Rebecca Bullard of Austin, calling on the state of Texas to “join the U.S. Supreme Court in protecting our right to privacy in the bedrooms of consenting adults.”
Texas lawmakers have attempted to push similar legislation through in 2017 and 2023, but both efforts never reached the House floor for a vote. Other proposed bills in the state Senate have failed to advance past the committee stage.
