ON OUR COVER. . . . .

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SODOMY

JUDGE LEARNED HAND

U. S. Court of Arneals, New York (Retired)

ODOMY AND ADULTERY now have no place in the penal codes of our 48 states, and laws making such acts criminal, when practised privately and without force between two willing adults, should be abolished.

That's the final opinion of the American Law Institute, Philadelphia, after it met early this summer to draft the final changes for a "Model Penal Code" (See Mattachine Review, MayJune 1955 issue)'.

Judge Learned Hand, active though retired, was the man who led the movement to abolish certain sex acts from criminal definition, and leave them to be regulated by educational and religious institutions.

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The removal of adultery from our nation's statutes was ored by a large majority of the Institute. Sodomy and related homosexual acts were debated. Judge John J. Parker, veteran of 29 years on the Federal bench at Richmond, Va., opposed the argument that private homosexuality should not be enjoined by the law merely because the law, pragmatically, cannot stop it. thought public opinion was overwhelmingly against it.

Not so, answered Judge Hand, 83, who previously had voted to retain a penalty for such acts in the Code. Be stated his new stand on the subject: "Criminal law which is "Criminal law which is not enforced is such worse than if it was not on the books at all...I think it (sodomy) is a matter of morals, a matter very largely of taste, and it is not a matter that people should be put in prison for ...I have finally come to the conclusion that the chance of omitting laws against it because they might prejudice the Code is not sufficient.

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The Institute voted 35 to 24 to uphold Judge Hand's new view, and to recommend that sodomy as well as adultery be removed from, the list of crimes against the peace and dignity of the state.

Cheering the new decision was a woman in Buffalo, N. Y., who wrote the following to TIME, the weekly newsmagazine:

"What married people do in bed is no more the business of lawmakers than is the way they cook their eggs when they get up...The general American attitude that conventional sexual intercourse is the only "proper" expression of sexual desire-and worse, the legislating of that attitude is a hangover from the Puritan fathers, from whom so few of us descended. The prudery and naivete of such an attitude must also make us a laughingstock in nations of more wisdom and maturity.

Three of the four letters printed in TIMB on the subject in recent issues shared a similar view. Cover Photo by United Press

SPECIAL REPORT: ANUAL CONVENTION

OF THE ATTACHING SOCIETY, INC.

The second annual convention of the Mattachine Society, held May 14-15 at Los Angeles, found ḍelegates, representing a smaller organization than year previously, but reports from areas and departmants told of accomplishments which far offset actual decrease in membership.

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Four one-hour panel discussions, open to the public, highlighted the first day's program, with. directors of research, public relations, legallegislative departments, advisors, and the chairman on the program. Registored attendance was 31.

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An evening banquet featured an address by a Los Angeles County deputy probation officer, Sidney Machs, and presentation of the Society's annual awards, Honorary membership went to Ken Burns, chairman, and to Janes Barr Fugate, author;nombor of tho year nomince was Publications Director I Call.

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Becond day the devoted to business matters, most signifeant of which was unanimous vote for the Society to apply immediatelyfor nomberhip in the International Committee for Sexual Equality, Amstordan, Holland, a world organization of re search and educational organizations which is undortaking to aid the United Nations Educational, Social and Cultural Organization (UNESCO) in prossing for solution of the sex problem in nember coun•trics. ICSE has indicated that attaching membership will be granted readily, making the organfsation the second from the US.to hold nonbership In it. Onc, Inc., publishers of One Magazine at Los Angeles, became a member of ICSE several months

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Nar officers wore clected to the Board of Directors for the coming year, although most prosant directors woro renamed to their posts. Electod Lon Burns, chairman; Ha Demmin, vico-chairman;

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