Sodomy Laws: 12 States Where Outdated Statutes Still Exist Now
A clear look at where sodomy laws remain, why they matter, and how courts treat them today.
Do Sodomy Laws Still Exist in the United States?
Sodomy laws are no longer enforceable against consenting adults in private because the U.S. Supreme Court ruled in Lawrence v. Texas that such criminal bans violate constitutional liberty and privacy interests. Even so, some states still keep old sodomy-related language in their criminal codes, which means the laws may remain on the books even when they cannot be applied to consensual adult conduct.
That distinction matters. A law can be unconstitutional and unenforceable yet still appear in a state statute book until lawmakers formally repeal it. For people trying to understand the current legal landscape, the question is not only whether a law exists, but also whether it has any practical force today.
Why These Laws Became a Legal Issue
Historically, sodomy laws were used to criminalize certain sexual acts, often in ways that targeted gay and lesbian people as well as heterosexual adults. Over time, those laws became a central battleground in debates over privacy, equal protection, and the limits of state power in regulating intimate conduct.
The modern legal turning point came in 2003, when the Supreme Court decided Lawrence v. Texas. In that case, the Court held that adults have a protected liberty interest in private consensual sexual conduct, and states may not make that conduct a crime simply because the legislature disapproves of it. That ruling dramatically changed the legal status of sodomy bans across the country.
What Lawrence v. Texas Changed
Lawrence v. Texas invalidated laws that criminalized consensual sex between adults in private. The decision did not erase every statutory reference overnight, but it did strip those laws of enforceability as applied to consensual adult conduct. In practical terms, a prosecutor cannot rely on a surviving sodomy statute to punish private adult intimacy that falls within the protection recognized by the Supreme Court.
The case also reshaped the broader constitutional conversation. The Court emphasized autonomy and dignity in intimate decisions, and that reasoning has continued to influence later disputes involving privacy and equal protection. Even when a state code still contains older language, the constitutional holding of Lawrence controls.
Do Any States Still Keep Sodomy Laws on the Books?
Yes. Recent reporting shows that a number of states still retain some form of sodomy statute or related language in their criminal codes, even though those provisions are generally unenforceable against consenting adults after Lawrence. The list has changed over time as some states have repealed their statutes, but remnants remain in multiple jurisdictions.
As of the sources reviewed here, states commonly identified as still having some version of these provisions include Florida, Georgia, Kansas, Kentucky, Louisiana, Massachusetts, Michigan, Mississippi, North Carolina, Oklahoma, South Carolina, and Texas, with some sources also noting Maryland and Minnesota before those states repealed their remaining provisions in 2023. Because these laws change through legislation, the exact list can shift as states act to remove outdated language.
| Legal status | What it means |
|---|---|
| Law on the books | The statute still appears in the state code. |
| Unenforceable as to consensual adult conduct | The Supreme Court has made the provision unconstitutional in that context. |
| Possible repeal | The legislature may still formally remove the statute. |
Why Outdated Laws Remain a Problem
Some people assume that if a law cannot be enforced, it does not matter. That view misses several practical effects of outdated criminal statutes. A law left on the books can create confusion, invite selective or improper police attention, and leave people uncertain about their rights.
According to civil liberties advocates, these statutes have historically been used not only as direct criminal tools but also as a way to intimidate or harass LGBTQ people. Even where charges do not survive judicial review, the existence of the statute can still have a chilling effect on behavior, police interactions, and public understanding of the law.
Outdated laws can also matter symbolically. Retaining unconstitutional language can send the message that a state has not fully reconciled its criminal code with modern constitutional standards. For that reason, repeal efforts often continue even after courts have already limited the law’s practical reach.
How State Legislatures Have Responded
Some states have chosen to repeal their remaining sodomy provisions, but others have been slower to act. The fact that a law is unconstitutional does not require immediate legislative repeal, so statutes can remain untouched for years unless lawmakers decide to update the code.
Recent examples show that repeal often follows renewed public attention. Maryland and Minnesota removed their remaining sodomy laws in 2023, illustrating how states may eventually clean up their codes after decades of constitutional change. Still, the persistence of similar laws in other states shows that legislative modernization is uneven.
Are These Laws the Same Everywhere?
No. The wording and scope of the laws vary significantly from state to state. Some statutes use broad phrases such as “unnatural” or “deviate” conduct, while others refer to specific acts or include older moral terminology that no longer matches modern constitutional doctrine.
That variation matters because it affects how the law is read, even if it cannot constitutionally be used against consensual adult conduct. In some states, the statutory language has been narrowed by court rulings, while in others it remains broader on paper but unenforceable in practice.
What About Nonconsensual Conduct or Crimes Involving Minors?
The post-Lawrence constitutional protection applies to private consensual adult conduct. It does not remove the authority of states to punish sexual assault, coercion, abuse, or sexual conduct involving minors. Those offenses are governed by other criminal statutes and are treated differently under the law.
In other words, the fact that a sodomy statute cannot be used against consenting adults does not eliminate criminal liability for nonconsensual sexual acts. States continue to enforce rape, sexual assault, and child-protection laws, and those offenses remain fully actionable.
Why Lawyers Still Pay Attention to These Statutes
Criminal defense lawyers, civil rights advocates, and policymakers still monitor these laws because they can affect more than just textbook doctrine. Even dormant provisions can shape charging decisions, plea negotiations, and public perceptions of what is prohibited.
They also matter in litigation and advocacy. If a statute remains in the code, it may need to be challenged, formally repealed, or clarified before a state’s criminal law accurately reflects constitutional reality. That is why legal reform groups continue to push for repeal rather than simply relying on the courts to keep the statute inactive.
Practical Takeaways for Readers
- Consensual adult intimacy in private is protected under Lawrence v. Texas.
- Some states still have old sodomy statutes in their codes even though they are generally unenforceable in that context.
- Outdated laws can still create confusion and can be used to intimidate people, even if charges will not stand.
- Nonconsensual acts remain crimes under separate sexual assault and abuse laws.
- Legislative repeal still matters because it removes obsolete language and reduces the risk of misuse.
Frequently Asked Questions
Are sodomy laws still legal?
They may still appear in some state codes, but laws criminalizing consensual adult private conduct are unconstitutional after Lawrence v. Texas.
Can police still arrest someone under a sodomy law?
Police may still make an arrest under an outdated statute in some circumstances, but a charge based on consensual adult private conduct should not survive because the law is unenforceable in that setting.
Why do states not just repeal them?
States sometimes leave old laws in place due to political delay, legislative inaction, or a belief that a judicial decision already makes repeal unnecessary. Repeal is still important because it removes obsolete and potentially misleading text from the code.
Do these laws apply to everyone equally?
Historically, many were enforced in discriminatory ways and used disproportionately against LGBTQ people. Modern constitutional law prevents their use against consenting adults regardless of sexual orientation.
What should someone do if charged under one of these statutes?
Because these cases raise constitutional and procedural issues, the person should seek a criminal defense lawyer immediately. A lawyer can evaluate whether the charge is based on conduct that the Constitution protects or whether some different criminal statute is being alleged.
Why the Issue Still Matters Today
Even though the core constitutional question was answered in 2003, the remaining statutes are a reminder that law books often change more slowly than constitutional doctrine. Old criminal provisions can survive long after the legal rule behind them has collapsed, and that gap can affect real people.
For readers, the key point is simple: a sodomy statute may still exist in a state’s code, but that does not mean it can be used to punish consensual adult intimacy. The legal system has moved on, even if some statutory language has not yet caught up.
References
- Sodomy Laws Remain in 12 States After Lawrence v. Texas — The New York Times. 2023-07-21. https://www.nytimes.com/2023/07/21/us/politics/state-anti-sodomy-laws.html
- Sodomy Laws by State 2026 — World Population Review. 2026-01-01. https://worldpopulationreview.com/state-rankings/sodomy-laws-by-state
- Do Sodomy Laws Still Exist? — FindLaw. 2015-01-01. https://www.findlaw.com/legalblogs/criminal-defense/do-sodomy-laws-still-exist/
- Lawrence v. Texas, 539 U.S. 558 — Supreme Court of the United States. 2003-06-26. https://www.supremecourt.gov/opinions/boundvolumes/539bv.pdf
- Why Sodomy Laws Matter — American Civil Liberties Union. 2003-07-01. https://www.aclu.org/documents/why-sodomy-laws-matter
- The Decriminalization of Sodomy in the United States — AMA Journal of Ethics. 2014-11-01. https://journalofethics.ama-assn.org/article/decriminalization-sodomy-united-states/2014-11
- Criminalization of Homosexuality in American History — Death Penalty Information Center. 2024-01-01. https://deathpenaltyinfo.org/policy-issues/biases-and-vulnerabilities/lgbtq-people/criminalization-of-homosexuality-in-american-history
Similar Articles
Read full bio of Sneha Tete
