"Inverts should have the courage and independence to be themselves, and to demand an investigation. If one strives to live honorably, and considers the greatest good to the greatest number, it is not a crime nor a disgrace to be an invert. I do not need the law to defend me, neither do I desire to have any concessions made for me, nor do I ask my friends to sacrifice their ideals for me. I too have ideals which I shall always hold. All that I desire—and I claim it as my right—is the freedom to exercise this divine gift of loving, which is not a menace to society nor a disgrace to me. Let it once be understood that the average invert is not a moral degenerate nor a mental degenerate, but simply a man or a woman who is less highly specialized, less completely differentiated, than other men and women, and I believe the prejudice against them will disappear, and if they live uprightly they will surely win the esteem and consideration of all thoughtful people. I know what it means to an invert—who feels himself set apart from the rest of mankind—to find one human heart who trusts him and understands him, and I know how almost impossible this is, and will be, until the world is made aware of these facts."
But, while the law has had no more influence in repressing abnormal sexuality than, wherever it has tried to do so, it has had in repressing the normal sexual instinct, it has served to foster another offense. What is called blackmailing in England, chantage in France, and Erpressung in Germany—in other words, the extortion of money by threats of exposing some real or fictitious offense—finds its chief field of activity in connection with homosexuality.[[274]] No doubt the removal of the penalty against simple homosexuality does not abolish blackmailing, as the existence of this kind of chantage in France shows, but it renders its success less probable.
On all these grounds, and taking into consideration the fact that the tendency of modern legislation generally, and the consensus of authoritative opinion in all countries, are in this direction, it seems reasonable to conclude that neither "sodomy" (i.e., immissio membri in anum hominis vel mulieris) nor "gross indecency" ought to be penal offenses, except under certain special circumstances. That is to say, that if two persons of either or both sexes, having reached years of discretion,[[275]] privately consent to practise some perverted mode of sexual relationship, the law cannot be called upon to interfere. It should be the function of the law in this matter to prevent violence, to protect the young, and to preserve public order and decency. Whatever laws are laid down beyond this must be left to the individuals themselves, to the moralists, and to social opinion.
At the same time, and while such a modification in the law seems to be reasonable, the change effected would be less considerable than may appear at first sight. In a very large proportion, indeed, of cases boys are involved. It is instructive to observe that in Legludic's 246 cases (including victims and aggressors together) in France, 127, or more than half, were between the ages of 10 and 20, and 82, or exactly one-third, were between the ages of 10 and 14. A very considerable field of operation is thus still left for the law, whatever proportion of cases may meet with no other penalty than social opinion.
That, however, social opinion—law or no law—will speak with no uncertain voice is very evident. Once homosexuality was primarily a question of population or of religion. Now we hear little either of its economic aspects or of its sacrilegiousness; it is for us primarily a disgusting abomination, i.e., a matter of taste, of esthetics; and, while unspeakably ugly to the majority, it is proclaimed as beautiful by a small minority. I do not know that we need find fault with this esthetic method of judging homosexuality. But it scarcely lends itself to legal purposes. To indulge in violent denunciation of the disgusting nature of homosexuality, and to measure the sentence by the disgust aroused, or to regret, as one English judge is reported to have regretted when giving sentence, that "gross indecency" is not punishable by death, is to import utterly foreign considerations into the matter. The judges who yield to this temptation would certainly never allow themselves to be consciously influenced on the bench by their political opinions. Yet esthetic opinions are quite as foreign to law as political opinions. An act does not become criminal because it is disgusting. To eat excrement, as Moll remarks, is extremely disgusting, but it is not criminal. The confusion which thus exists, even in the legal mind, between the disgusting and the criminal is additional evidence of the undesirability of the legal penalty for simple homosexuality. At the same time it shows that social opinion is amply adequate to deal with the manifestations of inverted sexuality. So much for the legal aspects of sexual inversion.
But while there can be no doubt about the amply adequate character of the existing social reaction to all manifestations of perverted sexuality, the question still remains how far not merely the law, but also the state of public opinion, should be modified in the light of such a psychological study as we have here undertaken. It is clear that this public opinion, molded chiefly or entirely with reference to gross vice, tends to be unduly violent in its reaction. What, then, is the reasonable attitude of society toward the congenital sexual invert? It seems to lie in the avoidance of two extremes. On the one hand, it cannot be expected to tolerate the invert who flouts his perversion in its face, and assumes that, because he would rather take his pleasure with a soldier or a policeman than with their sisters, he is of finer clay than the vulgar herd. On the other, it might well refrain from crushing with undiscerning ignorance beneath a burden of shame the subject of an abnormality which, as we have seen, has not been found incapable of fine uses. Inversion is an aberration from the usual course of nature. But the clash of contending elements which must often mark the history of such a deviation results now and again—by no means infrequently—in nobler activities than those yielded by the vast majority who are born to consume the fruits of the earth. It bears, for the most part, its penalty in the structure of its own organism. We are bound to protect the helpless members of society against the invert. If we go farther, and seek to destroy the invert himself before he has sinned against society, we exceed the warrant of reason, and in so doing we may, perhaps, destroy also those children of the spirit which possess sometimes a greater worth than the children of the flesh.
Here we may leave this question of sexual inversion. In dealing with it I have sought to avoid that attitude of moral superiority which is so common in the literature of this subject, and have refrained from pointing out how loathsome this phenomenon is, or how hideous that. Such an attitude is as much out of place in scientific investigation as it is in judicial investigation, and may well be left to the amateur. The physician who feels nothing but disgust at the sight of disease is unlikely to bring either succor to his patients or instruction to his pupils.
That the investigation we have here pursued is not only profitable to us in succoring the social organism and its members, but also in bringing light into the region of sexual psychology, is now, I hope, clear to every reader who has followed me to this point. There are a multitude of social questions which we cannot face squarely and honestly unless we possess such precise knowledge as has been here brought together concerning the part played by the homosexual tendency in human life. Moreover, the study of this perverted tendency stretches beyond itself;
"O'er that art
Which you say adds to Nature, is an art
That Nature makes."
Pathology is but physiology working under new conditions. The stream of nature still flows into the bent channel of sexual inversion, and still runs according to law. We have not wasted our time in this toilsome excursion. With the knowledge here gained we are the better equipped to enter upon the study of the wider questions of sex.