It would only become actionable if one party had a grievance, and evidence of wrongdoing. Injury. Tort.
Here's the choice before us:
Put sodomy in the criminal code as illegal for all...
Or leave sodomy out of the criminal code, in which case it morphs into a human right (has already happened), sodomy-enthusiasts become a protected class (has already happened), and it becomes illegal to advocate AGAINST harmful deviant sex practices, even in our schools, religious organizations, and health care providers, whether from a moral, religious, sociological or public health/epidemiology point of view.
Everyone who does not go along with this, including K-12 teachers and ministers of the Gospel, will be unemployable and will be prosecuted.
I'm not predicting this. I'm reporting it.