Dallas Voice (Dallas, Tex.), Vol. 8, No. 35, Ed. 1 Friday, December 20, 1991 Page: 9 of 40
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encouraged Morales’ decision to appeal
in hopes that a favorable decision at the
appellate level would lender greater
impact to Davis’ ruling, which applies
only in Travis County.
In addition to lead plantiff Linda
Morales, a Houston lesbian, among the
four co-plaintiffs are Dallasites John
Thomas and Charlotte Taft. Both
expressed optimism regarding the
appeal.
“I think this [appeals] court will
uphold Judge Davis’ ruling.” Thomas
stated, adding that he believes the
attorney general "will realize that this
appeal to the appellate court is sufficient
effort on his part,” and will not take the
case on to the Supreme Court should the
Third Court uphold Davis’ decision.
“I do have confidence that the
people who are working on this are
bringing the case at a time when they
think there is clearly a good chance it
will succeed. I’m very excited about it,"
Taft added. "I have a good feeling about
it. I’m ready for something positive to
happen.”
Taft warned, however, that “we
have to remember that as the legal stuff
is handled, the central piece of work still
resides within each one of us — our
interactions with each other, our
employers and friends, how we are
seeing ourselves in the world. If 21.06 is
repealed, it won’t automatically make a
change in our lives. We have to do that
ourselves. And even if we don’t win,
that doesn’t mean we can’t make
changes.
“We don’t need to be dependent on
a change in the law to make changes in
the world we live in,” Taft continued.
We have to remember that if we don’t
win, it’s not the end. If we do win, it’s
just another step along the way. I’ll be
very happy if we win; it will certainly be
a cause for celebration. We have worked
very hard for many years to remove
these legal barriers. It’s time for them to
go”
Laurie Eiserloh, executive director of
the Lesbian/Gay Rights Lobby of Texas,
agreed that the chances are excellent
that! the appeals court will affirm Davis'
ruling. But, she added, "it’s very
important, still, to move forward” with
efforts to have 21.06 repealed in the
Legislature. “Another appeals court
could hand down a different decision,
and the law would still be on the books.
We are still moving forward on the
legislative repeal."
Eiserloh explained that the
Punishment and Standards Committee in
the Legislature, given the job of
rewriting the entire State Penal Code,
has begun meeting, and that the lobby is
working to get that committee to delete
21.06 from the new penal code. “The
entire code will be repealed in 1993 and
replaced with a new code that will be
written by this committee,” she said.
“Sen. Ted Lyons is co-chairing this
committee. He’s very conservative and
has not been at all good on our issues.
The other co-chair is Alan Hightower.
He’s been okay. But most of the
committee members themselves seem
very supportive on our issues, very
open. We’re in the process of trying to
educate them about 21.06 and the
impact it has on our community.
“The committee has a subcommittee
that is just discussing superfluous
statutes that need to be eliminated from
the code. We’re hoping to get 21.06
included in those that are eliminated.
That way we don’t have to rely on
someone carrying a bill to repeal it in
the Legislature,’ she added. “I’m very
positive about the court appeal that is
underway. But I still think we have to
continue our efforts to get 21.06
completely off the books.” ▼
THRF seeks assistance as
appeals court hearing looms
By Tammye Nash
Attorneys for the Texas Human
Rights Foundation will present oral
arguments before the Third Court of
Appeals on Jan. 29 in the case of
Morales, et. al vs The State of Texas, a
civil lawsuit challenging, in the state
courts, the constitutionality of Section
21.06 of the Texas Penal Code. THRF
officials have asked that individuals
and organizations “who are willing”
prepare and file amicus curiae — or
“friends of the court" — briefs
supporting the argument that 21.06 is
unconstitutional, according to Suzy
Wagers, THRF director of
development. “If you or an association
to which you belong believe that you
can prepare a persuasive or compelling
brief on this subject, please contact
[THRF staff attorney] Pam Oglesby at
512-479-8473,” Wagers said.
Wagers also pointed out that THRF
was responsible for locating plaintiffs
in the case, which include John
Thomas and Charlotte Taft of Dallas,
and for covering all expenses of court
costs and attorneys’ fees. “Some of
these costs still remain to be paid, and
any help you could give the
foundation in covering the expenses
involved in this historical case would
be very much appreciated," she said.
Austin attorney Patrick Wiseman is
lead attorney for THRF in the case. ▼
Cathedral of Hope
Metropolitan Community Church
Candlelight
Christmas
Eve
Services
6:30 & 11:00 p.m.
Tuesday, December 24th
5353 Maple Avenue
(1 block south of Inwood)
(214) 526-6221
The National Cotton Council and Triends of Tair Tark
present The 54th cAnnual
'Maid
Cotton Selection
featurinq
The 'Dixie Chicks
and
The Turtle Creetc Chorale
8:00 p.m. Saturday, December 28, 1991
Morton 0~i. Meyerson Symphony Center
Tickets benefitting
Triends of Tair Tark
Cocktail Vinner & Reserved Loge/Orchestra Seating - $75.00
Cocktails Cl Reserved floor Seating - $35.00
General admission - $10.00
Rhone 426-3400 for tickets and information
\
DALLAS VOICE
DECEMBER 20, 1 9 91
9
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Vercher, Dennis. Dallas Voice (Dallas, Tex.), Vol. 8, No. 35, Ed. 1 Friday, December 20, 1991, newspaper, December 20, 1991; (https://texashistory.unt.edu/ark:/67531/metapth615788/m1/9/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Special Collections.