[roywiggins]

There's a difference between laws that exist but are rendered moot by a court ruling it unconstitutional, and laws that exist and are constitutional but are just never used, and laws that exist, and are probably not constitutional, but aren't used, so have never been challenged.

For all intents and purposes sodomy was made legal by the 2003 precedent; that those laws are still technically in black-and-white doesn't mean they're in force.

But there are lots of laws that are still in force but aren't actually picked up and used much. They're still there, though. For instance, hardly anyone was prosecuted for Espionage Act violations for decades, but nobody disputes that the DoJ can dust that law off and start using it again, subject to the current jurisprudence on free speech etc.