[MHGinTN]

What right should the Texas (or any state for that matter) legislature have? The right to legislate limits on behaviors when the behaviors harms the general population due to increased costs in the healthcare venue, increased disease that 'bleeds over' into the general population, and pernicious corrosion to the stabilizing institutions of the society. A drunkard may drink himself to a near stupor in the privacy of his home, but when he impacts the safety of the community by getting in his privately owned car and drives down the road, he is a menace to others. Homosexuals may commit their chosen behaviors in the privacy of a home, but when their diseases are presented to the healthcare system for state funded treatment or their diseases are leeched out to the general population, the behavior done in private impact the public and are a menace to society at large. Adulterers may commit their acts in privacy, but when their acts destroy families and bring an increased expense to the legal system, they impact the public from their private behaviors. If the Texas legislature is forbidden to regulate private behaviors that have public impact, the society is placed at greater risk in enormous ways.

[Jhoffa_]

I don't think a cost/benefit analysis is necessary.

The right to legislate is laid out in the Tenth Amendment and it places no such restrictions on the people and elected officials of Texas to establish community standards based on any number of criteria.

Your point is well taken however.