Last time I check Sodomy is not a crime.. I take it you want the Government to arrest people who does Sodomy???
Last time you checked was perhaps rather recently. Until the US Supreme Court arrogated to itself the privilege of weighing in on a state criminal code in Lawrence vs. Texas (2003), there were laws against sodomy on the books in most states. Earlier in the 20th century and before, there were such laws in all states, as there have been in all countries in the Judeo-Christian tradition for more than 5,000 years.
The answer to your last question is yes. In our system under the Constitution (pace the USSC since the 1940s, the content of the criminal code depends on what a state's own legislators decide. I think it's a good system.