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.
this post was submitted on 25 Jan 2025
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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.
if Lawrence v. Texas were to be overturned, it would be illegal for gay people to have intimate relations in Florida, Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina and Texas.
Jesus fing Christ not again
Time to dust off the ol’ Sodomobile.