We believe that the underlying reason for any sin is the desire for some good. Sexual sins are born of the inordinate desire for intimacy, gluttony is born of the inordinate desire for the good of food, etc.
While these people may be desiring good, they are replacing the truth with a lie, and ultimately engaging in an evil act. Pope Francis’ comments were in regard to one, specific individual about whom he was asked, and the response was in light of the fact that this homosexual individual is living according to God’s will rather than giving in to base desires. Unsurprisingly, this very, very important bit of context has been left out of pretty much every instance of reporting on the subject. This was not some general comment on the nature of homosexuality, it was a specific response to a specific question about a specific individual.
Also, the field of criminal law sadly has very little do do with moral law anymore.