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There are at least two ways to answer a question about laws criminalizing deviance instead of criminalizing problems:

- it’s politically advantageous to never explicitly legislate which rights are taken away. This keeps the issue alive among your base. You never want to effectively enforce that.

- You make an in-group based on obedience to the spirit of a law; a spirit that’s risky to spell out in writing because you know it’s on the wrong side of history.

So, the status quo benefits one party; and is the best that the other party could hope to negotiate.