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13 UCLA L. Rev. 647 (1965-1966)
The Consenting Adult Homosexual and the Law: An Empirical Study of Enforcement and Administration in Los Angeles County - Part I: Introduction

handle is hein.journals/uclalr13 and id is 649 raw text is: THE CONSENTING ADULT HOMO-
SEXUAL AND THE LAW: AN
EMPIRICAL STUDY OF
ENFORCEMENT AND
ADMINISTRATION
IN LOS ANGELES
COUNTY
PART I: INTRODUCTION
Sex has known every variety of fortune. It has been exalted
and despised by men and societies. It has endured deification by
the phallic religions of the primitive world and opposition by early
Christianity.' To the newly formed Christian Church, sexual expres-
sion outside of marriage was evil and even though it may be better
to marry than to burn,2 chastity was the ideal state. Contempo-
rary legislation continues to reflect much of this ancient asceticism.
Even in marriage, some aspects of erotic behavior have been pro-
hibited.3 Sexual relations outside of marriage are censured; and
no form of behavior has been more universally condemned than
homosexuality4-sexual activity between members of the same sex.
1 For a trans-cultural survey of sexual attitudes, see GUYON, THE ETICS OF
SExUAL AcTs (1958).
2 1 Corinthians 7:8. The full text of the quotation is:
But I say to the unmarried and to widowers, it is good for them if they so
remain, even as I. But if they do not have self-control, let them marry, for
it is better to marry than to burn.
8 Statutes regulating homosexual behavior are often applicable to heterosexual
behavior, even if between man and wife. People v. Doggett, 83 Cal. App. 2d 405,
188 P.2d 792 (1948). See also Griswold v. Connecticut, 381 U.S. 479 (1964), holding
a state statute forbidding the use of contraceptives by married couples to be violative
of a right of privacy older than the Bill of Rights . . . . Id. at 486. Griswold may
foreshadow eventual judicial recognition of the right of consenting adults to engage
privately in any form of sexual behavior.
4 The early history of homosexuality shows a confusing picture of vigorous
condemnation and emphatic approval. Hebrew law made unnatural sexual relations
between two men punishable by death, usually by stoning. Leviticus 20:13. Curiously,
homosexual relations between two women was not a crime and merely resulted in
social ostracism if discovered. EPSTIEN, SEx LAWS AND CUSTOMS IN JUDAISM 138
(1948). Ancient Greece apparently tolerated or even idealized homosexual activity,
as indicated in the writing of Plato. Roman law punished homosexuality through
confiscation of half the goods of an offender in the patrician classes and banishment
of an offender of the lower classes. Bowman & Engle, A Psychiatric Evaluation of
Laws of Homosexuality, 29 TEMP. L.Q. 273, 276 (1956), citing INSTITUTES 4.18.4.

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