That certainly is news to me Victoria. As I type this, I am reading my copy of Civil Action 2181-N dated 3/17/65 which is an action by civil rights activists against Gov. George C. Wallace and Sheriff James G. Clark (Dallas County Alabama) and Albert Lingo (Director of Public Safety for State of Alabama).
The portion of the Court decision pertaining to Sheriff Clark states that the...
"evidence in this case reflects that, particularly as to Selma, Dallas County, Alabama, an almost continuous pattern of conduct has existed on the part of defendant Sheriff Clark, his deputies...of harassment, intimidation, coercion, threatening conduct, and, sometimes, brutal mistreatment toward these plaintiffs, and other members of their class who were engaged in their demonstrations for the purpose of encouraging Negroes to attempt to register to vote and to protest discriminatory voter registration practices in Alabama. This harassment, intimidation, and brutal treatment has ranged from mass arrests without just cause to forced marches for several miles into the countryside, with the sheriff's deputies and members of his posse herding the Negro demonstrators at a rapid pace through use of electrical shocking devices (designed for use on cattle) and night sticks to prod them along." ...
In short, the Court decision discussed "conduct of individuals" which was in violation of civil rights statutes. The Court was protecting the right of a class of people (civil rights demonstrators) who were despised by the political and law enforcement authorities in Alabama.
The Court was not concerned about "the unchangeable way they were born" --- except insofar as they were born as American citizens. The law was construed to protect their CONDUCT and BEHAVIOR as demonstrators for equal voting rights.
Maybe I should've specified it for you.... “HOMOSEXUAL CONDUCT.” Homosexuality is a conduct and not a civil right. Homosexuality isn't part of the immutable characteristics people are born with.