Returning homosexual conduct to its rightful criminal status will not make America a theocracy any more than other laws designed to regulate conduct and maintain a reasonable standard of public morality.
Advocating such law does not make one a believer in a theocracy but merely one that recognizes that we'd best incorporate at least the fundamentals of God's laws into those of mankind unless we want the law to become completely void of God's intentions for us.
In that case, the law would then serve Satan very nicely since, by man's evil nature, anything would be acceptable conduct.
We should go to a reasonable standard of public morality which means homosexuality should be a criminal offense along with other disgusting sexual offenses.
By the opposite logic we would not be able to regulate just about every kind of criminal offense since one could argue that, for example, murder should not be illegal because it's based upon the word of God as recorded in the Bible.
I agree that these matters should be handled at the state level where it was originally intended but, given today's trend, it's difficult not to elevate everything to the federal level since our federal government seems to either overturn the efforts of the states or mandate something contrary to their will.
Well sure, I'd have to agree it's not likely to happen any time soon and that's too bad because our government should be based on God's laws - it seems it once was - for the sake of estabishing and regulating a reasonable standard of public moral conduct.