1) Virginia may not be able to criminalize sodomy after Lawrence, but it's sure going to hold onto its ability to criminalize solicitation to commit sodomy.
2) Triple Jeopardy - The New York Legislature refuses to pass "civil confinement" laws so that NY can commit sanctioned double jeopardy. The governor takes it upon himself to start acting like the law is there anyway. A judge says "No" and orders evaluations for mental illness and release if it is not found. The first guy is set to be released from the mental hospital. So what happens? He is transferred directly back to prison.
Note, this guy has served all of his time and, under the judge's order, two court-appointed psychiatrists have found him not mentally ill or a danger to himself or to society. Welcome to the USsr!