There's a law, possibly international/UN or something, against making laws that retroactively criminalize stuff, so you're right, on that point.

Pretending that such things won't ever become a crime, however, when the US is at the point of criminalizing

• miscarriage
• some brain-wirings/genders
• violating christofascist supremacism
• not being a Trump-cult member

as the next few years will demonstrate,

is naive/incompetent.

Yes, criminal-law is going to be used to enforce ideological-conforming, throughout much of the West, exactly as China, Israel, Russia, etc, now "use"/abuse law.

That tipping-point has already been crossed, on this world.