LOVE BETWEEN HOMOPHILES

However incomprehensible this may be to many heterosexuals, homosexual love is a manifestation of the love need and the sexual drive. In its purest form or sense, it is not like heterosexual love as it may sometimes take the part of a casual dalliance, a wholly optional experience. Those who speak of homosexual love and its drives make it clear that the force of the phenomenon is no less demanding than is heterosexual love. This is obvious upon reflection, when one considers the fact that homosexuality has existed in all areas at all times despite the harsh penalties meted out for homosexual acts. And it certainly is true that the present penalties are harsh enough to be an effective deterrent if, indeed, effective deterrence is possible. Though it cannot be conclusively shown that homosexual activity would not occur were such not criminal, nonetheless, the various theories concerning homosexuality with the high incidence estimates, seem to indicate that very little activity, if any, is deterred by threats of punishment. The very intense nature of such activity implies that the drives must be also intense and even compulsive, thus not deterrable by the remote, though severe, legal threat.

PRISON NOT THE ANSWER The law cannot perform a rehabilitative function with regard to persons convicted of homosexual offenses and this hardly seems debatable. Assuming arguendo the curability of homosexuality, it still remains true that only a small percentage of persons can qualify as curable according to the most optimistic observers, and in order to qualify one must at the very least, have consistent, personalized, psychiatric attention. Our prisons do not have or cannot provide enough of this attention to effect an important number of cures. One need hardly point out that placing one with homosexual drives whether the person is or isn't oriented

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bi-sexually, in a society composed solely of persons of similar sex is not likely to lead to heterosexual rehabilita-

tion.

Homosexual activity cannot be prevented by insuring that homosexuals will be incarcerated with persons of the same sex. As a matter of common logic incarceration will promote rather than discourage such conduct; for not only are persons of similar sex forced to live together for extended periods, but they are also denied an opportunity for heterosexual experience. Such punishment has the triple effect of encouraging homosexual activity between prisoners, heightening the probability of increased homosexual activity upon release from confinement, and causing unrest, discipline problems, fights, and even killings between inmates battling over partners, resisting advances, or having lovers' quarrels. Would we attempt to stop fornication by instituting heterosexual incarceration?

Since it appears that homosexuality is universal, widespread, deeply motivated, and essentially not curable under present conditions, and since it also appears that adult, consensual, homosexual acts are severely condemned and harshly punished, and also that the law is incapable of materially stopping their practice, one must inevitably question why our laws provide as they do. What is there about the practice of homosexuality that creates the animosity and occasions these laws? How do homosexual acts threaten society?

THE RIGHTS OF ADULTS

In preface, let it be clear that the homosexual acts to be discussed are those committed by consenting adults, in private. There is no question about the propriety of making criminal any type of sexual act which is imposed by one person upon another through fraud or force, nor is it disputed that sexual acts should, by their nature, be private.

The precise age to be used for adults