X.
SUGGESTIONS ON THE SUBJECT OF SEXUAL INVERSION IN RELATION TO LAW AND EDUCATION.
I.
The laws in force against what are called unnatural offences derive from an edict of Justinian, A.D. 538. The Emperor treated these offences as criminal, on the ground that they brought plagues, famines, earthquakes, and the destruction of whole cities, together with their inhabitants, upon the nations who tolerated them.
II.
A belief that sexual inversion is a crime against God, nature, and the State pervades all subsequent legislation on the subject. This belief rests on (1) theological conceptions derived from the Scriptures; (2) a dread of decreasing the population; (3) the antipathy of the majority for the tastes of the minority; (4) the vulgar error that antiphysical desires are invariably voluntary, and the result either of inordinate lust or of satiated appetites.
III.
Scientific investigation has proved in recent years that a very large proportion of persons in whom abnormal sexual inclinations are manifested possess them from their earliest childhood, that they cannot divert them into normal channels, and that they are powerless to get rid of them. In these cases, then, legislation is interfering with the liberty of individuals, under a certain misconception regarding the nature of their offence.
IV.
Those who support the present laws are therefore bound to prove that the coercion, punishment, and defamation of such persons are justified either (1) by any injury which these persons suffer in health of body or mind, or (2) by any serious danger arising from them to the social organism.