My understanding is that it's an issue of piling one controversial thing on top of another.

In other words, in front of a typical jury, depicting gay sex might be risky enough as far as the Miller test goes. Add to that gay sex + rape or violence or gay sex + scat or something and you're almost certain that a typical jury will find that it fails the Miller test.

So most attorneys advise staying a little more conservative as far as what gay content you produce.