Perhaps. But within the context of gay rights it is the government that behaved improperly. Society bundled behaviour and innate characteristics into a single thing. That was wrong, and it is important to highlight that.
Of course in a post homophobic world the distinction is rather irrelevant. It makes no difference to anyone if homosexuality is innate, or just a set of chosen behaviours. Why would it matter either way? But for a while it was necessary to remind people that you don't have any choice about being gay, or about having gay relationships. That claim was a response to homophobia, not something rooted in science of philosophy
Of course in a post homophobic world the distinction is rather irrelevant. It makes no difference to anyone if homosexuality is innate, or just a set of chosen behaviours. Why would it matter either way? But for a while it was necessary to remind people that you don't have any choice about being gay, or about having gay relationships. That claim was a response to homophobia, not something rooted in science of philosophy