[sinkspur]

Why? Because the same phrase can be used to describe all different varieties?

No. Because it is the same act. How is the act of oral sex materially different if performed by a man or a woman?

[aristeides]

I'm not sure what you mean by saying it's "the same act" for some other reason than that the same words can be used. It seems to me that, if either the same or different words can be used, then it's either the same or a different act, depending on how you choose to look at it.

Is killing a person while driving the same whether or not one is driving drunk? Is a legislature within its rights to increase the penalties for doing that if one is drunk?