All the states have laws on the books which were found to be unconstitutional and thus unenforceable. Legislatures are reluctant to make the effort to clean this stuff up, partly because they all have personal projects to fight over, and partly because it's politically unpopular. People who don't like those laws know they're unenforceable anyway, so aren't very bothered one way or another; people who do like them (and there's no shortage of those idiots) get bent out of shape when someone tries to get them removed.
Just a few years ago the legislatures of both Tennessee and Idaho passed laws endorsing the Bible1. This happens every few years somewhere or other. Typically the governor of the state will veto it, because everyone with an ounce of sense knows it's just asking for an expensive lawsuit the state will lose. In Idaho's case, it violated both the Federal and state constitutions, making it a particularly boneheaded move.
When I lived in Nebraska, there was a ballot proposal to amend the state constitution to remove a provision, added in the 1940s, forbidding the teaching of German in public schools. Of course that had been struck down pretty much immediately after it was passed, so it had no effect anyway; it was just embarrassing crap stuck on the constitution. The ballot issue failed – a majority of voters decided to keep an unenforceable constitutional provision forbidding the teaching of German.
Of course this is why we have constitutions and supreme courts, and why "direct democracy" is a terrible idea. (The movement in the US, from the 1970s on, promoting ballot initiatives and other direct-democracy governance, was largely funded by right-wing groups interested in defanging the regulatory state by sabotaging the legislative process. It's been pretty successful.)
1Some Bible, anyway. Often the nitwits who write these bills don't specify.
Biting the hand that feeds IT
