There has to be someone who has been wronged. If it is private activity and no committments are broken, it is a sin but not a tort.
If it is advertised in some way, or generally gives scandal, then that is the wrong, but not if it is totally private.
I would not mind statutes again any immorality, but I don’t think this one will fly, even with a conservative legislature.
If we had states rights again, where some states were for the conservatives, and some states were for the liberals, instead of this homogenized mayonnaise that we have now, then we could congregate in states that supported our beliefs, and live the way we wanted. As it stands now, there aren’t really any sovereign states, and the almighty fed controls all.