Where to get access to old laws?

by oscarwilinout

Not sure if this is the right place to post this. I am an undergrad student and currently working on a project concerning Tennessee's old sodomy laws, do y'all know where I could find this? Thanks.

swarm

So when searching for "old" state statutes, you need to first know whether it is still in the state's statutory code. There are plenty of "old" criminal statutes that remain in state codes even though they are not enforced. If they are still in the code, it is likely that they have not been repealed (and thus taken out of the code) due to a lack of A) sufficient legislative will, or B) a court opinion finding the statue unconstitutional. If the statute is still in the code, then you can easily find it there (most, if not all, states publish their current statutory codes online and you can Google "Tennessee Code" to find access the one for Tennessee).

Here, you will NOT be able to find the statute you are looking for this way because, in 1996, the Tennessee Court of Appeals found it unconstitutional. It was the Homosexual Practices Act, Tenn. Code Ann. ยง 39-13-510 (1991). I can only locate direct access to the statute as it was before abrogation in a paid legal search engine. However, it appears that the relevant portion of the statute for your purposes is directly quoted in the case that found it unconstitutional, CAMPBELL v. SUNDQUIST, 926 S.W.2d 250 (Tenn. Ct. App. 1996). The statute is quoted at the end of the opinion's (long) introduction, just before section 1. Some of the case deals with other things, but the portion on the HPA is interesting. Overruling sodomy statutes due to privacy rights seems to be a typical approach for state abrogation of these laws.