to the positive side, i.e., that all of our morals legislation (which would include laws against homosexual acts) is rooted in religion, and, living in a society in which there is and supposed to be a separation between church and state, what right do we have to legislate to support what is basically a religious theme?

The Wolfenden Report

If we leave the United States and go to that other great area of Anglosaxon jurisprudence, England, we find there too an authoritative and significant document recommending the abolition of punishment for "homosexual behavior between consenting adults in private." (Recommendation Number 1 of The Wolfenden Report.) If we go to some of the European countries such as Belgium, Italy, Sweden and Spain we find no criminal law governing homosexual acts performed in private by consenting adults.

A Recent Outrage

With this as a background we might expect that although most states in the United States still have laws which technically punish homosexual acts that the courts, the prosecutors and others in the field would treat it as it should be treated, namely as a bygone relic of medieval thinking requiring mild penal treatment only

a

when complained about as a sop to the existence of a law not yet repealed. But a recent case in North Carolina belies this theory. Two men were tried in Mecklenburg County, North Carolina for having committed homesexual act, namely fellatio. Upon conviction one defendant who pleaded nolo contendere was sentenced to five years imprisonment and the other who pleaded not guilty and was tried by a jury was sentenced to 20 to 30 years in jail!

The defendant with the long sentence filed a petition for habeas corpus before Judge Craven in the Federal Court in Asheville, North Carolina. The reports indicate that Judge Craven actually "recoiled in shock." Obviously, he had to find some way of releasing the defendant and he did so by using the ground that this defendant had been deprived of proper counsel. In October, 1964, Judge Craven ordered the defendant released.

In his opinion Judge Craven suggested that it was time for North Carolina to revise its laws on this sub-

ject and he pointed out at the same

time that The American Law Institute recommended no punishment in these

cases.

The North Carolina case is not over yet since the state has the right to retry the defendant, after providing him with adequate counsel. It will be an important case to watch.

Albert Gerber, Philadelphia attorney, is the author of a book on censorship to be published later this year by Lyle Stuart Press.

ONE INSTITUTE CLASSES

SPRING SEMESTER BEGINS FEBRUARY 8, 1965

Attend a single session, or as many as you can fit into your schedule. Classes meet at the Institute from 8 10 P.M., Monday (Introduction to Homophile Studies) Thursday (Research Seminar). Single sessions $1; 18 week semmester $15; paid in advance.

Detailed bulletin of information sent upon request.

ONE Institute, 2256 Venice Blvd., Los Angeles 6

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