Read the following excerpt from a US court opinion:
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the members considered in finding the appellant’s conduct was prejudicial to good order and discipline and service discrediting constituted the aggravating factors that took this case out of the wholly private setting envisioned in Lawrence. “[W]here, as here, the predicate sexual conduct is criminal because of some additional factor (in this case, the violation of clauses 1 and 2 of Article 134, UCMJ), the burden of demonstrating that such conduct should nonetheless be constitutionally protected rests with the defense at trial.” Goings, 72 M.J. at 207 (citation omitted). The appellant’s argument that the military judge was required to instruct on the Mar-cum factors pursuant to United States v. Castellano also fails under the circumstances of this case. 72 M.J. 217, 221 (C.A.A.F.2013) ; see also United States v. Howard, 72 M.J. 406
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the presence of one intensity factor may be sufficient to deem the action significant in certain circumstances
B. holding that no one factor is determinative and the weakness of  one factor may be overborne by the strength of the others
C. holding that no one factor is determinative and the weakness of one factor may be overborne by the strength of the others
D. holding in cases where but for the presence of a marcum factor the act of consensual sodomy would not be subject to criminal sanction the trier of fact must determine whether a marcum factor exists
E. holding that while a district court determination about whether an act is reasonable usually is considered to be a legal conclusion that djetermining the weight to be accorded to each factor in reaching the ultimate finding as to the existence of conditions is the special province of the trier of fact 
Reply with [A, B, C, D, E] only.