Judge who first struck down Texas anti-sodomy law dies

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Judge Jerry Buchmeyer, the federal district court Carter appointee who gained fame (or notoriety) when he struck down Texas’ anti-sodomy law — only to see it reinstated — has died. He was 76. Buchmeyer was the judge assigned to the Baker case, which challenged the law on equal protection grounds in 1981. In 1982, Buchmeyer declared the law unconstitutional, noting, “Homosexuals are not ill or mentally diseased… Homosexuality is not communicable… There is simply no rational connection between the acts proscribed by [the law] and the claimed interests of morality, decency, health, welfare, safety and procreation.”

He became a hero to the gay community. (It was nice of Buchmeyer to wait until Pride was over to pass — he was often cited during early Pride parades.) But that victory was short-lived, as the Fifth Circuit eventually overruled him and reinstated the law.

Jerry Buchmeyer was perhaps best-known for his handling of a 1985 lawsuit against the Dallas Housing Authority that many say helped desegregate public housing. The case, brought by seven black women over living conditions at a West Dallas housing project, led to thousands of low-income black families moving into predominantly white neighborhoods with the help of government rent vouchers.

In another ruling, Buchmeyer struck down the Dallas County City Council election system, saying it diluted minority power. Roy Williams, a co-plaintiff in that case, told The Dallas Morning News that the judge was a courageous, fair man.



Jerry Buchmeyer