This line of reasoning begs the question. Yes, according to your moral framework, one is actually immoral and the other isn't, but living in a pluralist society requires leaving room for people to have and live by very different moral frameworks. There isn't a universally acknowledged objective standard of morality by which we can judge all actions and beliefs in a society so we need to structure the rule by which we settle moral disputes in a way that doesn't create moral hazard down the line.