Homosexuality: A Way of Life

HARD-HITTING ATTORNEY SPEAKS

The dramatic highlight of ONE's 1958 Midwinter Institute was the forceful, hard-hitting banquet speech by Eric Julber, Los Angeles attorney. recounting his successful prosecution, up to the United States Supreme Court, of ONE's suit against Los Angeles Postmaster, Otto K. Oleson.

Mr. Julber told of being introduced in August, 1953, to the legal problems of printing a homosexual magazine and stated that there was at that time little or no legal precedent governing the depiction of homosexuality in literature, save an adverse opinion in the '20s rendered by a lower court concerning The Well of Loneliness. As a result of this situation it seemed necessary to lay down general rules governing material deemed suitable for ONE Magazine, based on recognition of the intense prejudices held by many about homosexuality.

As the magazines went through the postoffice it seemed likely that mailings were being delayed from delivery by the postal officials to enable them to submit copies to Washington for determination of their possible obscenity. The August, 1953 issue was held in this manner but later released. Not until October, 1954, was an issue declared non-mailable, on the grounds that a story of a lesbian love-situation. a rather racy poem. "Lord Samuel and Lord Montague," and an advertisment for DER KREIS. Swiss homophile magazine, rendered the issue obscene.

Mr. Julber described how the ultimate determination of obscenity seemed to rest with a single postal employee in Washington, and was unable in conference with this individual to get farther than the bare statement that the material was obscene.

The members of ONE, Incorporated were then faced with making the dif ficult decision regarding the next step. Should they let the matter drop, or should they undertake an attack. against this ruling? There would be much time and considerable cost involved. If the case were won, all would be well, but if lost, matters would be worse than before, with still another unfavorable ruling on the books.

Also, at least one lawyer expressed much pessimism, saying that while the Magazine might well not be actually obscene that he felt public prejudice was so strong that no judge would have the courage to go against this prejudice. no matter what might be his own opinion of the merits of the case.

Our attorney, Mr. Julber, however, felt that at the highest levels-i.e., the U. S. Supreme Court-a rational view of the matter would prevail, and 20th Century standards of free discussion of human problems would be upheld.

Therefore, it was decided by the Corporation to bring a court action against Postmaster Otto K. Oleson, enjoining him from interferring with the mailing of the October, 1954, issue. In March, 1956, a decision was rendered in the U. S. District Court by Judge Thurmond Clarke declaring

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