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Sodomy laws remain in 12 states. Race to avoid Roe vs Wade repeat begins (www.newsweek.com)

submitted 2 months ago by return2ozma@lemmy.world to c/lgbtq_plus@lemmy.blahaj.zone

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[–] JustinTheGM@ttrpg.network 10 points 2 months ago (1 children)

Why the fuck is it that when a law is found to be unconstitutional, the state(s) are allowed to keep the law on the books but just can't enforce it? I'd think part of such a decision would include a requirement to repeal the offending law.

[–] finley@lemm.ee 3 points 2 months ago

It has to do with the legal sovereignty of the states, and that they get to pass (or revoke) their own legislation. Federal law does take precedence over state law, but they can’t be a federal law for everything, which is why states are left to pass their own laws as their governments see fit.

Obviously, this approach is not without its flaws.