This case happened in Houston, Texas. The task is to make a judgement of this legal question. One, in favor of the defense, and one in favor of the prosecution. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherin they reside.
Homosexual conduct is an offense that is punishable as a class C misdemeanor.
In the case of murder, which is neither supported or not supported in the U.S. Constitution, the result of murder infringes upon another persons rights for life and liberty, therefore murder can be construed, through the reading of the Constitution, as illegal behavior. In the case of consensual Homosexual activity, which is also neither supported or not supported in the U.S. Constitution, the constitutional rights of another person is not being denied. If both participants are of legal age, as determined by the state, and are consenting adults, the only rights that are being denied are that of the consenting parties which are entered into the criminal justice system. The first amendment right to free expression and speech. The fourth amendment right to be secure in one's person, house, and effects.