What difference does it make whether something's currently legal or not? The issue is over whether a certain activity should be legal or illegal. Or do you advocate freezing all the laws in place for all time, just because?
No, the argument is what should be the basis of making something illegal. Should it be based on morals? Whose morals should be used? Or would it be better to allow consenting adults to decide how to live their lives?
What good is legislated morality? If you want to base this on religion, then why would you want to use the government to destroy the free will given to us by God? Shouldn't we chose our own reward?