It used to be that homosexual conduct, like sodomy, was actually illegal. If I recollect correctly, it was in the eighties that “outdated laws” against sodomy were repealed in the states.
Seemed reasonable at the time, but that was obviously just a precursor to gay marriage.
As long as you can keep it to conduct, it’ll pass muster.
Forgot to say, maybe those laws against sodomy should be brought back.
Incorrect. It was decided in 2003 by SCOTUS. In a set-up situation, a couple of gays flaunted their relationship in order to get arrested, already intending to work with allies to drive the case all the way to the Supreme Court: