AUSTIN (AP) – A Democratic lawmaker is proposing that Texas repeal an anti-gay law overturned by the U.S. Supreme Court in 2003.

El Paso Sen. Jose Rodriguez is expected to lay out his measure before the Senate Criminal Justice Committee on Wednesday.

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The Texas Legislature had outlawed homosexual activity until a Houston man was charged with sodomy. He appealed to the Supreme Court and it declared that the law unconstitutional. But Texas lawmakers have never formally repealed the law.

Rodriguez says that the state should recognize the court’s decision and gay rights by taking the law off the books. Similar efforts in the past have failed as conservative lawmakers have refused to support the repeal.

Democrats have also proposed a new law that would make discriminating against gays for employment illegal.

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