Probably because they made sodomy illegal for all citizens.
Sodomy, adultery, and fornication were all addressed in colonial times, and they were illegal for all people, so what's changed since then is that the majority wishes to have that restriction lifted (notice that adultery and fornication do not get a mention) from heterosexuals, but held firm for homosexuals.
There are no laws against premarital sex (fornication) in Texas, there are no laws making adultery illegal in Texas, and sodomy is legal in Texas for some, but not for others. We have destroyed the Founding Father's nation, and now, we are embracing some convaluded point which would allow some to commit sodomy, but not others.
I don't think that bringing the Founding Fathers in on this argument is a real good idea, morally speaking, they would think us all perverts.
I have taken, as I do so often, the position of devil's advocate in the fact that I am attempting to look at this from a non-biased perspective.
I think that the flaw in the argument here is the law itself, and the way it is worded in Texas. Unfortunately, and I mean unfortunately because I am no friend of the "gay agenda", this law left itself open for challenges.
Below, is the what I believe to be the thrust of the case against the Texas law, from Court's transcripts, the speaker is Paul M. Smith, for the plaintiffs:
"The one thing that, I submit the court, the state should not be able to come in to say is: We are going to permit ourselves, the majority of people in our society, full and free rein to make these decisions for ourselves, but theres one minority of people [who] dont get that decision and the only reason were going to give you is we want it that way. We want them to be unequal in their choices and their freedoms, because we think we should have the right to commit adultery, to commit fornication, to commit sodomy. And the state should have no basis for intruding into our lives, but we dont want those people over there to have the same right."
Homosexual sexual contact is what has been made illegal in Texas. It just is a matter of physics that homosexuals only possess the equipment for sodomy.
Homosexuals are not a constitutionally defined classification of people and there is no right to commit homosexual sodomy in the constitution.
Round and round. This scenery is looking awful familiar.