And, in addition to that, I gather from your replies that you are a straight person. If you consider yourself an ally, or just not a shitty person, then please refrain from reducing a homophobic murder to a semantic game. It's real life for gay people, not a thought experiment for you to exercise your contrarian rhetorical skills. You are not helping.
"A defendant may allege to have found the same-sex sexual advances so offensive or frightening that they were provoked into reacting, were acting in self-defense, were of diminished capacity, or were temporarily insane, and that this circumstance is exculpatory or mitigating."
So, even if you're junvenile semantic games were valid (they aren't), you're wrong. So, again, please take a seat.