Even as recently as the 1960’s, the police would raid gay bars and arrest the patrons. Much as I dislike those kinds of places, the social mores they instill, and the public health consequences, I'm just enough of a libertarian to think our judicial system shouldn't be spending its time and taxpayer money arresting, prosecuting and imprisoning homosexuals.
Time is late, and there are more critical demands for limited time and resources.
He decided that a long time ago but I doubt that any state in this country would pass the death penalty for it.