From New York Times:
Texas justice has rarely been kind to homosexuals. Take, for example, the case of Calvin Burdine, who was sentenced to death in 1984 for the murder of his male companion. Burdine’s court-appointed lawyer, when not dozing, referred to his client as a “fairy.” The prosecutor, meanwhile, demanded the death penalty by arguing that gays actually look forward to the rewards of prison life. “Sending a homosexual to the penitentiary,” he claimed, “certainly isn’t a very bad punishment for a homosexual.” Astonishingly, a federal appeals panel first upheld the verdict on the grounds that nothing in the law guarantees a defendant the right to a fully conscious attorney. Burdine eventually won a new trial, at which he was again convicted, but this time sentenced to life in prison — a veritable candy store, it was said, for a “pervert” like him.
Texas, like most states, has a long history of criminalizing sodomy. What makes it special, however, is its obsession with the issue, which led Lone Star lawmakers to repeatedly refine their statutes over time. In 1943, Texas added oral sex to a long list of prohibited offenses. Thirty years later, it passed a law containing the “Homosexual Conduct” provision, which banned both oral and anal sex, but only when performed “with another individual of the same sex.” As such, the new law expanded the sexual freedom of heterosexuals while doing just the opposite for homosexuals. Put bluntly, it was now legal in Texas to have sex with a farm animal, but not with someone of the same gender.
More here.
