Laws of this type have been unenforceable nationwide for over a decade, since the Supreme Court declared that legislation criminalizing consensual private sexual behavior is unconstitutional in its Lawrence v. Texas ruling.
A total of 67 lawmakers opposed the repeal.
“Louisiana’s anti-sodomy statute is consistent with the values of Louisiana residents who consider this behavior to be dangerous, unhealthy, and immoral,” a letter from the Louisiana Family Forum said according to the Times-Picayune on Nola.com.
Rep. Patricia Haynes Smith, D, who sponsored the bill, said it is only seeking to repeal a statute that is unconstitutional and has been used to entrap gay men who agree in public to go have sex somewhere else in private, bringing negative national attention to her community.
The Sherrif’s office apologized for the sting operation after the law it used to justify the entrapment was pointed out to be invalid, but refused to take a stance on the repeal.
"We want to be fair to the law enforcement individuals. ... We don't need inefficient bills on our statutes that they cannot take to a prosecutor," said Smith.
While oral and gay sex may remain nominally against the law in Lousiana, necrophilia is so far still legal in the state.