as

ness and Professions Code, amended in 1951, in respect to the disciplining of a physician and surgeon; and sections 12011.5, 12011.7, 12107, 12756, 12785, 13001.3 and 14002.3 [particularly section 12011.5] as added to the Education Code in 1952, relating to the suspension and revocation of teachers' credentials and the suspension and discharge of public school teachers.)

Legislation of this type might conceivably reflect a legislative interpretation of section 1203.4 to the effect that, but for the insertion of such exclusionary provisions in these several regulatory statutes, the suspension or revocation of a license or the suspension or of a public or discharge of school teacher is a "penalty" or "disability" within the meaning of those words as used in section 1203.4. Such a view loses much of its logic when we consider these amendments in the light of certain judicial decisions. decisions. The 1939 addition of section 309 to the Vehicle Code must be appraised in the light of the fact that there was then pending a case, involving events that occurred in 1938, which culminated in a decision that such was the effect of a section 1203.4 release order upon the conviction of the holder of a driver's license. (Sherry v. Ingels, 34 Cal. App. 2d 632, decided in September, 1939.)

The addition of section 309 was a legislative rejection of the potentially pending judicial interpretation. At the very least it may be said that while this particular legislative act, standing alone, may not be vividly illuminative of the legislative intent, it is not out of line with the clear import 16

of later enactments concerning section 1203.4, particularly the 1941 amendment of the State Bar Act and the 1951 amendment of the State Medical Practice Act. In respect to each of these amendments the Supreme Court had previously decided that the suspension or revocation of a license to practice law or to practice medicine and surgery was not a "penalty" or "disability" within the purview of section 1203.4. (In re Phillips [Jan., 1941], 17 Cal. 2d 55, construing and applying section 6102 of the State Bar Act as it read prior to its 1941 amendment; Meyer v. Board of Medical Examiners [1949], 34 Cal. 2d 62, in relation to the discipline of physicians and surgeons.) The reasoning of the court in the Phillips and the Meyer cases, it would seem, is that "penalties and disabilities" as used in section 1203.4 have reference to criminal penalties and disabilities or something akin thereto and that the disciplining of a person licensed to practice a profession or calling is for the protection of the public in the exercise of the police power, not for the purpose of "punishing" the licensee (there are other laws for that), a function and a proceeding which is neither criminal nor quasi-criminal in character.

There is considerable support for such a view of that type of disciplinary proceeding. (Webster v. Board of Dental Examiners, 17 Cal. 2d 534, 537; Bold v. Board of Medical Examiners, 135 Cal. App. 29, 34; Troxler v. Board of Med. Examiners, 135 Cal. App. 37, 39; Streck v. Board of Med. Examiners, 94 Cal. App. 2d 751, 757.) "The object of an administrative proceeding aimed at revoking a

mattachine REVIEW

BEHIND THE SCENES: A REPORT TO READERS

CHALLEN AHEAD

LORE AND LORE it looks liko 1958 is a "ycar dooision" as cor oorns the changing attitudo of the American public toward the homosexul. Again and again wo hear reports of responsible persons und groupy calling for changes in law which will mko those private acts between consenting adults, and which include no harm or fraud, a matter of no concern for the law and its enforcement agencios. Specifically the olferden Roport in Englard, togother with pronouncements of the Anglican and Roman Catholic churches in Great Britain rocommend just that (granting, however, that certain sex acts are sinful--not criminal). In the U. S., as has boen pointed out in the REVIEW, tho American law institute, various landing professional persons in fields of law, criminology, medicine, mental health and wolfaro, oto., aro rococmending the same thing. A number of organizations (including attaohino) conducting educational and rescarch programs for the public are at work in the field. Recommendations for these important legal and social chin gos are appearing in books, — zinos, nowspapers; they are heard from public lecture platforms. Ir. a form that is perhaps loss "crusading," they are seen on the stage, tolevision, and are heard from time to time on radio.

hoño 30x-

In roh a attachine officer appeared on a television program in Now York that dealt with problems of oonsorship and dealt constructively with understanding homosexals. A fox weeks later in San Francisco, a panel of two attachine corbors (including a rother) and a psychiatrist spoko out on a radio program that further opened the door for a look at th ual problem and the public's prejudiced attitude toward it. In lasachsetts and other states, court-appointed psychiatric beards are daring to stato that imprisonment for certain violators of sex laws (such as horosoxals) servos no useful "corrective" purpose, and in fact, my sorvo only to aggravate the problem for both the individual and society as a whole. In Southern California, university psychiatrists have reported benefits of a limited therapy program for horosomal university students, aimed primarily at keeping them out of trouble while in school. In orthern California another ratiorally prominent psychiatrist spoke out onoo again for revisions of law along lines of Wolfender. recommendations. This man several years carlior completed an oxtensive sex deviation rosearch project for his state legislature which concluded that laws found "wanting" in the light of common practice and changing social attitudos need to be examined closely and in many cases discarded.

In attachino offices from coast to coast, und particularly in the National Headquarters at San Francisco, the effect of this greater willingness to bring sex problems out into the open is now more evident than over. At conthly discussion meetings, cany of which are oper. to the publio in cities where attachine has established chapters, the interest of listeners is increasing. A glanoo at the programs schoculed, as announced in attachine newsletters from at least six largo U. S. cities shows that