We have already mentioned the basic fallacy of the legal attitude. It does
not follow that because a line of conduct may decrease the birth-rate, it
is therefore wrong. Celibacy, as we have seen, may be an actual virtue.
But in this particular instance there is a still more serious error. The
English law, by branding homosexuality as a crime, assumes that it is a
deliberate perversion; for it would be obviously ridiculous to punish a
man for doing what he could not help doing. Even the law is not so
illogical as to sentence a madman to penal servitude because he insists on
being mad. No, the State regards the homosexual as one who has of his own
choice assumed this form of sex temperament, in the same way as a man
decides to rob or forge a signature. The legal attitude _must_ rest on
this supposition, for otherwise its policy would be flagrantly unjust. And
accordingly we find the law classifying this family of behaviour as
"unnatural."
Now, if there is one fact which is clear from an investigation of the
problem, it is that this supposition is as false as it is possible for
any supposition to be. Let it be granted that a certain number of
homosexual offences are committed by persons who are sexually normal in
temperament. There remains the whole body of homosexuals, of those, that
is to say, in whom the homogenic attraction is as integral a part of their
nature as the appreciation of music or the love of colour. Abundant proof
of this contention is to hand. There have been thousands of individuals in
every age, including the present, who have never heard of
homosexuality,[16] have never met other homosexuals, or come into contact
with anything approaching homosexual practice; and yet they have been
homosexual all their lives. I have known persons who believed that no one
else in the world shared their aspirations, and also have suffered
tortures because of their supposed isolated abnormality.
The State attitude simply ignores this factor, and accordingly reveals
itself as unscientific.
It is true that perhaps by such an agency as psycho-analysis reasons could
be found in many of these cases why the individual had developed on
inverted sex lines; home repressions, the system of early education, the
age of the parents, these or other influences, may have produced a complex
which has switched the sex-nature on to a particular path. But these
reasons do not necessarily show the result to be artificial; it is our
very nature indeed which these influences construct. It is impossible to
trace an exact line between the inherent nature and the effect which
outside influences have had upon it. We must, and we do in fact, regard
the permanent and fundamental traits, however derived, as "natural."
Moreover psycho-analysis definitely indicates that there is a homosexual
period through which all individuals inevitably pass.
Public-domain text, read in full here on John Shaqi.
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