Yes we've rehashed the difference between internal thinking and action. I don't think anyone believes that a government is directly oppressing internal monologue.
The original quote was "being gay is illegal in many places". By saying "being gay is illegal" it seems to imply a behavior though. Being a murderer, or being a pilot, or being a carnivore...
But, you're right. We can all agree that it's totally legal to be a murderer or thief as long as you don't behave that way.