We inhabit an America in which there are those who believe Adolf Hitler was a great man, who regard those seeking abortions as murderers, and are convinced God ordained guns in church. The smoker is informed he is a criminal, the pot inhaler is told jail is the only cure for an addiction to drugs, and become obese and you will be told that is violates the rights of society to avoid paying high medical expenses for those with diabetes. Throughout human history people used drugs, got fat, hated homosexuals and carried their guns to church, but society paid scant attention to their behavior. Of course, society had other thoughts in mind. In medieval Europe it was common to fine women of the lower class who dared wear an outfit that had attractive colors and people who went around uttering curses could wind up in the stocks or in jail. Does society today have the right to make hatred of gays a crime? Does society today have the right to penalize those who smoke?
Many questions and complex answers. A central question is whether I have the right to work, join the armed forces, and live in your neighborhood if I am gay or a lesbian? There is a difference between me being who I am as against committing an action that prevents you from being who you are. For example, if two men are in combat and firing at the enemy, the fact one is gay has no impact on the accuracy of the other in firing his weapon. In combat, remaining alive is all that matters and having another soldier next to me who is an excellent warrior is the only concern.
It is one thing to be obese, it is another when your failure to watch weight results in use of medical facilities that are publicly funded. It is one thing for you to hate Jews, that is your right, it is another when you assault someone who is Jewish. The issue is always–do your actions impact my rights to live a happy life?