I know, I know - you wouldn't be a district attorney.
See, the problem is with the word "private" in the context of activity that creates a public danger even when conducted behind closed doors. Homosexual conduct is perversion and a public danger no matter where it is conducted.
Your public/private distinction is meaningless and only serves to promote perversion.
I? Promoting perversion?
If two or more homosexuals are creating a nuisance with noise and numerous overnight or hourly buggering partners, then yes, legally they should be culpable.
Homosexuality used to be considered a mental illness, sodomy was a crime, and society frowned on such practitioners. They had to hide their actions and stay in the closet. The pendulum is swinging back to that position. THen, those who want to practice such unnatural sex acts, will have to do so in extreme privacy. Where no one can know what they are up to, and they cannot promote such acts as normal or natural, especially to young people.