You can argue the morality of it as far as you want, and I doubt I’d disagree with you.
But, this isn’t a theocracy. How far would you want govt getting into that issue? I’d hope for the best but I’m not sure I’d want the govt to be the enforcer.
Govt, like fire, is a dangerous tool and a fearful master.
A theocracy is a government ruled by religious hierarchy. A government informed by moral absolutes is not a theocracy. Any government that is not founded on the moral absolutes that are generally universal in all religious is a gov like Communist China, Communist Russia, Zimbabwe or any other tribe ruled by a war chief.