iod of time, if the individual is willing to work at an active psychotherapy process. In fact, on the basis of my current experience with inverts, I believe that it is no exaggeration to say that virtually every homosexual who wants to achive satisfactory heterosexual relations may be enabled to do so if he will see a competent psychotherapist and work persistently at this goal.

References

1. Ellis, Albert. On the cure of homosexuality. INT. J. SEXUALITY, 1952, 5, 135-138; MATTACHINE REVIEW, 1955. November-December 6-9.

the

2.Ellis, Albert. Introduction to Donald Webster Cory's THE HOMOSEXUAL IN AMERICA. New York: Greenberg: Publisher, 1951

3. Ellis, Albert. THE AMERICAN SEXUAL TRADGEDY: New York: Twayne Publishers, 1954.

4. Ellis, Albert. Are homosexuals necessarily neurotic ONE, 1955, 3, No. 4, 8-12.

This article is an abstract of a scientific paper which is to be pub. lished soon in the Journal of Consulting Psychology.

the law in Michigan is particularly severe..........

GROSS INDECENCY statutes

By Mackinnoth Fingal

THE "GROSS INDECENCY" stat-

ute under which Oscar Wilde was indicted by a grand jury and convicted in 1895 in England has its counterpart today, sad to relate, in the State of Michigan,

The English law of 1885 under which Wilde was sent to jail was first introduced in Parliament as "a Bill to make further provision for the protection of women and girls, the suppression of brothels and other purposes." It was first introduced and passed without any reference to "indecency" between males. Later, Section 11 was

inserted, which made "gross indecencies" between grown-up men either in public or in private a misdemeanor, with a minmium of 12 months and a maximum of 24 months in prison as the punishment. It did not apply to homosexual women. It was passed rather hurriedly and surreptitiously and there were those who thought it was aimed primarily at Oscar Wilde, whose name had become a household word in England for homosexuality.

It is a sad commentary that the State of Michigan today has on its books a "gross indecency" statute for both male and female homosexualo and which is made a felony instead

mattachine REVIEW

of a misdemeanor, as in the law under which Wilde was convicted after testimony from chambermaids and blackmailers. The Michigan gross indecency" law for male homosexuals goes back as far as 1903 and until 1952 provided for "imprisonment in the state prison for not more than 5 years or by a fine of not more than $2,500". (See 4 Mich. Comp. Laws 750.338, 1948.) In 1952 this law was amended to read: "Not more than 5 years or by a fine of not more than $2,500, or if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life." (See 5A Mich. Comp. Laws 750.338, 1948; 1954 Supp.) Sec. 338a has similar language and the same punishment for the female homosexual in Michigan although the female statue goes back only to 1939. But in both cases the offense is made a felony. Sec. 338b has similar language and punishment for "gross indecency" between the male and female in private or in public. Nowhere is "gross indecency" defined, and it must be assumed that any sexual relations outside legalized heterosexual marriage in Michigan involve "gross indecency."

A sexually delinquent" person in Michigan is defined as follows:

The term 'sexually delinquent person' when used in this act shall mean any person whose

sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16." (5A Mich. Comp. Laws 750.10a, 1948; 1954 Supp.)

Please note the words "repetitive" OR "compulsive acts." Observe how dangerous to the Michigan invert's freedom the word "repetitive" can be. Imagine, too, the construction which can be put upon the words "compulsive" and "consequences."

It might be added that the Michigan sodomy statute was also amended in 1952. The 15 years' imprisonment was retained as the maximum period, and in addition "if such person was at the time of the said offense a sexually delinquent person, may be punishable by imprisonment in the state prison for an indeterminate term, the minimum of which shall be 1 day and the maximum of which shall be life." (See 5A Mich. Comp. Laws 750.158, 1948; 1954 Supp.)

But for all of Michigan's harshness there is still some consolation in the fact that the American Law Institute recently made strong recommendations against the above statues in its Model Penal Code. (See Tentative Draft No. 4, Model Penal Code, April 25, 1955, p. 294.)

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