Laws do more than establish legal rules. Consider:
The Kansas House Judiciary Committee is debating a bill intended to clean up the state’s criminal code. An amendment to that bill would have done away with the law that bans consensual homosexual sex. But two Kansas Republicans –Jan Pauls and Lance Kinzer – removed that amendment from the law. The ban is unenforceable in light of the Supreme Court’s ruling in Lawrence v. Texas, so why did they do it?
According to Kinzer: “It’s a tempest in a teapot. I don’t think it would make any difference. The statute is unenforceable.”
This leaves a question begging to be asked: If the statute has passed its sell-by date, why leave it on the books? After all, the whole project of the underlying bill is to do away with laws that are unclear, unenforceable, outmoded, and so on. Why single this one out as not worth the trouble of removing?
There can be only two reasons. The first is that the Supreme Court could, in theory, reverse itself and reestablish the right of states to enact laws criminalizing intimate sexual conduct between members of the same sex. This is never going to happen, though.
This brings me to the real reason: By keeping this law on the books, the lawmakers (and, by extension, the state) send the message that, as far as they’re concerned, those who engage in such conduct are still criminals, even if they can’t be punished. And for many, to call homosexuals criminals is an important vindication of their view that we are sinners.
http://www.365gay.com/opinion/culhane-why-some-states-still-call-gays-criminals/