Kansas Gay Rights Activists Seek Repeal Of Sodomy Law

[Shana A]

Kansas Gay Rights Activists Seek Repeal Of Sodomy Law
By On Top Magazine Staff
Published: November 27, 2011

http://www.ontopmag.com/article.aspx?id=10196&MediaType=1&Category=26

Gay rights activists in Kansas are lobbying for repeal of the state's sodomy law.

Despite a groundbreaking 2004 U.S. Supreme Court ruling which struck down sodomy laws throughout the nation, many states have yet to repeal such laws.

[...]

"We believe that the current statute, while ultimately unenforceable, is an affront to thousands of law-abiding gay and lesbian Kansans," Thomas Witt, chairman of Kansas Equality Coalition, told the Lawrence Journal-World.

[Sailor_Saturn]

Question: if the Texan state police tried to arrest a gay couple and cited unenforceable anti-sodomy laws already stricken down by the SCOTUS as the precedent, couldn't said couple subsequently sue the state of Texas at the federal level? Not only for an immediate repeal of the law, but also a penalty for false arrest and harassment?