Why would the homosexual act be considered a capital crime? Look at the following list of capital crimes by state. I see a definite pattern of truly heinous crimes inflicted by one person onto another... Not consensual behavior between complicit individuals.
Alabama - Intentional murder with 18 aggravating factors (Ala. Stat. Ann. 13A-5-40(a)(1)-(18)).
Arizona - First-degree murder accompanied by at least 1 of 14 aggravating factors (A.R.S. § 13-703(F)).
Arkansas - Capital murder (Ark. Code Ann. 5-10-101) with a finding of at least 1 of 10 aggravating circumstances; treason.
California - First-degree murder with special circumstances; sabotage; train wrecking causing death; treason; perjury causing execution of an innocent person; fatal assault by a prisoner serving a life sentence.
Colorado - First-degree murder with at least 1 of 17 aggravating factors; first-degree kidnapping resulting in death; treason.
Connecticut - Capital felony with 8 forms of aggravated homicide (C.G.S. § 53a-54b).
Delaware - First-degree murder with at least 1 statutory aggravating circumstance (11 Del. C. § 4209).
Florida - First-degree murder; felony murder; capital drug trafficking; capital sexual battery.
Georgia - Murder; kidnapping with bodily injury or ransom when the victim dies; aircraft hijacking; treason.
Idaho - First-degree murder with aggravating factors; first-degree kidnapping; perjury resulting in death.
Illinois - First-degree murder with 1 of 21 aggravating circumstances (720 Ill. Comp. Stat. 5/9-1).
Indiana - Murder with 16 aggravating circumstances (IC 35-50-2-9).
Kansas - Capital murder with 8 aggravating circumstances (KSA 21-3439, KSA 21-4625, KSA 21-4636).
Kentucky - Murder with aggravating factors; kidnapping with aggravating factors (KRS 32.025).
Louisiana - First-degree murder; treason (La. R.S. 14:30 and 14:113).
Maryland - First-degree murder, either premeditated or during the commission of a felony, provided that certain death eligibility requirements are satisfied.
Mississippi - Capital murder (Miss. Code Ann. § 97-3-19(2)); aircraft piracy (Miss. Code Ann. § 97-25-55(1)).
Missouri - First-degree murder (565.020 RSMO 2000).
Montana - Capital murder with 1 of 9 aggravating circumstances (Mont. Code Ann. § 46-18-303); aggravated sexual intercourse without consent (Mont. Code Ann. § 45-5-503).
Nebraska - First-degree murder with a finding of at least 1 statutorily-defined aggravating circumstance.
Nevada - First-degree murder with at least 1 of 15 aggravating circumstances (NRS 200.030, 200.033, 200.035).
New Hampshire - Murder committed in the course of rape, kidnapping, or drug crimes; killing of a law enforcement officer; murder for hire; murder by an inmate while serving a sentence of life without parole (RSA 630:1, RSA 630:5).
New Mexico - First-degree murder with at least 1 of 7 statutorily-defined aggravating circumstances (Section 30-2-1 A, NMSA).
New York - First-degree murder with 1 of 13 aggravating factors (NY Penal Law §125.27).
North Carolina - First-degree murder (NCGS §14-17).
Ohio - Aggravated murder with at least 1 of 10 aggravating circumstances (O.R.C. secs. 2903.01, 2929.02, and 2929.04).
Oklahoma - First-degree murder in conjunction with a finding of at least 1 of 8 statutorily-defined aggravating circumstances; sex crimes against a child under 14 years of age.
Oregon - Aggravated murder (ORS 163.095).
Pennsylvania - First-degree murder with 18 aggravating circumstances.
South Carolina - Murder with 1 of 12 aggravating circumstances (§ 16-3-20(C)(a)); criminal sexual conduct with a minor with 1 of 9 aggravators (§ 16-3-655).
South Dakota - First-degree murder with 1 of 10 aggravating circumstances.
Revision: Revised the code ~of criminal procedure. Changes included establishing procedures to be
used by circuit judges in determining whether to stop an execution because the inmate is mentally
incompetent (SDCL § 23A-27A-22) and clarifying that persons carrying out executions are immune
from civil and/or criminal liability (SDCL § 23A-27A-31.2), effective 7/1/2008.
Tennessee - First-degree murder with 1 of 15 aggravating circumstances (Tenn. Code Ann. § 39-13-204).
Texas - Criminal homicide with 1 of 9 aggravating circumstances (Tex. Penal Code § 19.03).
Utah - Aggravated murder (76-5-202, Utah Code Annotated).
Revision: Amended the criminal code to allow aggravating circumstances to be treated as separate acts from the capital offense which can be prosecuted as a separate offense (Utah Code Ann. § 76-5-202), effective 2/26/08.
Virginia - First-degree murder with 1 of 15 aggravating circumstances (VA Code § 18.2-31).
Washington - Aggravated first-degree murder.
Wyoming - First-degree murder; murder during the commission of sexual assault, sexual abuse of a minor, arson, robbery, escape, resisting arrest, kidnapping, or abuse of a minor under 16.