The Texas House voted today to repeal the “anti sodomy” law that has been on the books since 1973. HB1738 was the first bill to make it to the House floor for a vote since the law was enacted, and subsequently deemed unconstitutional in 2003 by the Lawrence v Texas ruling of the Supreme Court of the United States.

The bill for was authored by Dallas state representative Venton Jones, a member of the LGBTQ Caucus and long time activist.

The bill repeals Penal Code Section 21.06. Texas Penal Code Section 21.06, also known as “homosexual conduct,” makes it a Class C misdemeanor to engage in deviate sexual intercourse with another individual of the same sex. This means that the law criminalizes sexual activity between people of the same gender. The penalty for a Class C misdemeanor is generally a fine of up to $500. 

The vote was 72 Yeas, 55 Nays, 5 Present Not Voting. The vote remains to be certified.

The bill faces an uphill battle in the Republican controlled Texas Senate. The Texas legislative session ends June 2.

11 other states still have some form of sodomy law on the books.