Nonsense, so it's illegal then, full stop. It doesn't become legal just because it's private, when by discovering it is punished. The law just can't enforce the ruling when it can't detect it in the first place.
>If the claim is that sodomy in private is legal
You failed to read properly, no where did I or the other guy state that it is legal in private. The argument was about the limits of the law about events it can't perceive.
Please quote the part where anyone of us made that alleged claim.