The second Theodosius (Eastern Roman Emperor) in CE 438 codified all existing law into the Theodosian Code, which also expanded proscriptions against homosexuality.
In 342 (Codex Theodosianus, 9, 7, 3,) the first law was enacted in Milan regarding passive homosexuals. Harsher penalties were introduced by Theodosius I in a law addressed to the prefect of Rome in 390, with execution by burning for "those given to the infamy of condemning the male body, transformed into the female, to the toleration of practices reserved for the other sex" (Coll. Legum Mos. et Rom., 5.3). This law was inserted in the Theodosian Code of 438 (9, 7, 6), but substantially modified and with a wider scope. The new compilation condemned to burning all passive homosexuals without distinction. With the Emperor Justinian the legislation was broadened; every kind of homosexuality was repeatedly condemned with the death penalty. Theodosius gave as his reason the desire to rid Rome, "the mother of all virtues," from all contamination. Justinian also added religious reasons. The Theodosian laws, followed by those of Justinian in the Corpus Iuris, represent the heritage which late Roman law was to leave to posterity.( Taken from: L'Osservatore Romano, Weekly Edition in English, 19 March 1997, p.10)