Full story (with lots of background) on the man who challenged Texas' anti-homosexual conduct law. Interestingly, he first challenged the charges that he had engaged in any act and claimed he was sitting 15 feet across the room from another man when police entered. It sounds like it was his lawyer who came up with the idea to challenge the statute on constitutional grounds.
And you know what? The law, § 21.06, is still in the Texas Penal Code because the Republican majority never wants to go on record of having voted for its repeal (even though it is no longer enforceable.)
at 9:03 AM