Yes. Consensual sodomy between adults is legal in Texas. The State of Texas cannot criminalize private sexual conduct between consenting adults due to the U.S. Supreme Court ruling Lawrence v. Texas (2003), which struck down Penal Code §21.06. Although the statute remains printed in Texas law, it is unconstitutional and cannot be used for criminal prosecution.
Crucially, the Texas law had banned “deviate sexual intercourse,” which legally includes oral and anal sex (Texas Penal Code §21.01). The Supreme Court’s decision protects all consenting adults—regardless of gender—from government interference in these private acts.
What Did the Supreme Court Decide?
In Lawrence v. Texas (2003), police entered a private home and arrested two adult men for consensual sexual activity. The Supreme Court overturned Texas’s sodomy ban, ruling that the Due Process Clause of the 14th Amendment protects individual liberty in private sexual relationships.
What acts were covered?
Texas’s law banned “deviate sexual intercourse,” broadly defined to include oral sex as well as anal sex. The Supreme Court ruling confirmed that the government may not criminalize any private, consensual oral or anal sexual activity between adults.
Why Is the Law Still Printed?
Texas lawmakers have refused to repeal §21.06, even though it is unenforceable. The statute remains in the code but has no criminal effect whatsoever. Police cannot arrest anyone for violating it, and any such charge would be thrown out instantly.
But There Is a Civil Consequence Risk
Even though no one can be prosecuted, the statute sometimes appears in:
- Child custody disputes
- Employment morality cases
- Divorce litigation
A hostile attorney can cite the text to imply a parent or employee is “engaging in criminal conduct,” even though Lawrence makes such conduct fully legal. Judges generally reject such arguments, but its presence on the books can still be used maliciously. It is a legal weapon, not a legal crime.
Does the Decision Protect Everyone?
Protected
Adults (17 and older) engaging in private, consensual oral or anal sex — regardless of gender.
Not Protected
| Situation | Legal Status |
| Non-consensual acts | Illegal (Sexual Assault) |
| Minors (under 17) | Illegal (Texas Age of Consent is 17) |
| Public sexual acts | Illegal (Public Lewdness) |
| Bestiality | Illegal |
Texas Age of Consent = 17. Sexual acts between consenting 17-year-olds are legal. Many states have an age of consent of 18, but Texas does not.
Could Sodomy Become Illegal Again?
Not without the Supreme Court reversing Lawrence v. Texas. Texas cannot independently reinstate criminal punishment.
The “Trigger” Risk
After the Roe v. Wade reversal, Texas Attorney General Ken Paxton publicly stated that he would be “willing and able” to defend Texas’s sodomy ban if the U.S. Supreme Court revisits Lawrence. If the court ever overturns the ruling, Texas could attempt enforcement again.
Current Reality
- Lawrence remains binding.
- Police cannot arrest anyone for consensual sodomy.
- Any attempt would trigger a massive civil rights lawsuit and immediate injunction.
Final Summary
Consensual sodomy is legal in Texas, protected by the U.S. Constitution. The old state statute banning oral and anal sex remains printed but unenforceable. Texas’s legal landscape includes:
- The Supreme Court protects private, consensual adult sexual activity.
- The age of consent is 17, not 18.
- Sodomy includes oral sex, not only anal sex.
- Civil misuse of the outdated statute remains a risk in family and employment disputes.
- Future legality depends on the U.S. Supreme Court, not on Texas lawmakers.
