The State theory that the temperament is "unnatural" cannot therefore be
supported on any grounds, except in the cases where it is deliberately
assumed by normal persons. In most cases it is natural to the individual's
nature, and not "unnatural," but "abnormal."
Once this simple scientific truth is grasped the legal attitude is seen to
crumble in all directions. The case for criminal prosecution rests
logically on the assumption that unless homosexual practices are rigidly
suppressed they will spread. And since their increase would seriously
diminish the birth-rate the State is necessarily anxious to avert this
danger. But it is an odd perversion which imagines that sober respectable
citizens are only restrained from indulging in homosexual vice by the
threat of penal servitude! Once the scientific truth is grasped and
homosexuality is seen to be, except in a small number of cases, the
natural temperament of a small minority, it will be realized that normal
persons are not likely to wish to commit unnatural acts, whether there is
or there is not a penal law; nor can any Act of Parliament prevent
homosexuals from being homosexual.
And in practice this theoretical conclusion is found to hold true. For in
the countries, such as France, where the Code Napoleon does not cover
these prosecutions, homosexuality is far less rife than in England, or in
Germany, where until the Revolution the penal law was rigidly enforced.
It is well that we should face these facts unreservedly, however strong
may be our personal antipathy to the practices.
* * * * *
The second attitude may be described generally as that of society. Public
opinion must necessarily be too vague to admit of succinct definition. But
generally its attitude towards this question may be defined as that of an
ordinary man towards a freak; he has no sympathy with freaks and indeed
dislikes them--but they are so very rare that he can afford to ignore
them.
Public-domain text, read in full here on John Shaqi.
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