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Nov. 1960, Vol. 05 No. 02

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Nov. 1960, Vol. 05 No. 02 T J f i L ¿ a d j J liA y NOVEMBER 50c ^^pwrposo of tho NOVEMBER i960 t h e LaddêX V O L U C 5 , num ber 2 Publl>h«d manthly by the DougllMrs • ! B llllls, Inc., a non- prehl corporation, 165 O’Forrall Street, Room 405, Son Fran­ 9^ B l LIT IS cisco 2, Caliioniic. Teleplicae YUkoa 2-9290. A WOMEN’S ORGANIZATION FOR THE PURPOSE OP PROMOTING NATIONAL OFFICERS, DAUGHTERS OF IILITIS, INC THE INTEGRATION OP THE HOMOSEXUAL INTO SOCIETY BY: President — Jaye Bell Vice President — Helen Sanders ..... Recording Secretary — Dottle Dee Corresponding Secretary — Chris Hayden .... Public Relations Director — Jo Carson Treasurer — Ev Howe THE LADDER STAFF O Education of the variant, with particular emphasis on the psych­ Editor — Del Martin ological, physiological and sociological aspects, to enable her Editorial Assistants — Agatha Mathys, Elaine Kingston, Millie Jensen, to understand herself and make her adjustment to society in all Jean Nathan its social, civic and economic implications— this to be accomp­ Los Angeles Reporter — Sten Russell Production Manager — Patty Patterson lished by establishing and maintaining as complete a library as Circulation Manager — Cleo Glenn possible of both fiction and non-fiction literature on the sex de­ viant theme; by sponsoring public discussions on pertinent sub­ THE LADDER it regarded as a sounding board for various points of view on the homophile and related subjects and jects to be conducted by leading members of the legal, psychiat­ does not necessarily reflect the opinion of the organixation. ric, religious and other professions; by advocating a mode of be­ havior and dress acceptable to society. Education of the public at large through acceptance first of the individual, leading to an eventual breakdown of erroneous taboos and prejudices; through public discussion meetings aforemen­ tioned; through dissemination of educational literature on the Pe r v e r s io n o f Fr e b x m , B>it c r i a l ..... .................. a homosexual theme. L e s b ia n is m t t h e Law b y Oa v id Ha m b len , a t t o r n e y ; ......................................... 6 Ex i t L a u g h in g , a s t o r y b y J an Ad d is o n ...........................................................................io e Participation in research projects by duly authorized and respon­ Mooo M i s c e l l a n e a ........................................... k sible psychologists, sociologists and other such experts directed Th e VltoRD BY D iana St e r l i n g .................................. I6 towards further knowledge of the homosexual. On Ce n s o r s h ip b y g e n e Damon and L e e St u a r t ............................................................19 L e s b ia n a ............................................................................................................................................................ 20 O Investigation of the penal code as it pertains to the homosexual, Re a d e r s Resp o n d ........................................................................................................................................ 21 proposal of changes to provide an equitable handling of cases involving this minority group, and promotion of these changes Co v er b y Ke r r y through due process of law in die state legislatures. The perversion of freedom Is the "hysteria" of a small group of self-appointed amateur psychologists, prosecu­ E D lIO f ilA L tors, and censors of public taste. Therperverslon of freedom is imposing a private Indivi­ dual's or group's opinion regarding obscenity on the rest Perversion of Freedom of the community. Justice William 0, Douglas has warned, "Once the censor enters the p ictu re he becomes by virtue of h is power the Charles H. Keating, national ootmsel for the Citlssns* dictator...The practical exigencies of a system of cen­ Comnittee for Decent l^lteraljure, which Is organized in sorship mean that the author writes to the standards of some 700 oommunltles throughout the nation, addressed a the censor who is beyond effective control. He writes small audience in San Francisco recently on ihat he to avoid the censor's prejudices and displeasure, if not called the "perversion of freedom«" His thesis was to please him. The censor becomes the great le v e lle r of that publishing of books on such perversions as homo­ thought. The oensor sets a deadening pattern of conform­ sexuality and Lesbianism is indeed a perversion of the ity which one must meet or go out of business...The freedoms of speech and of the press. On this basis Ur. tendency is for the censor to construe his powers liber­ Keating has urged local law enforcement agencies and le­ a lly and fre e ly and to expand h is juri sdi c tlo n .. .Through gislators to tighten up on censorship of news stands and the ages conformity has been the great desire of every to draw up tougher obscenity laws. He claims that a censor," group of attorneys is hard at work drafting a city ordi­ nance to be submitted to 1 1:® San Pranolsoo Board of Su­ We would also quote the Bible (Romans 1 4 :1 4 ) : "1 know pervisors and preparing a bill for consideration by the and am persuaded by the Lord Jesus thefe 1 s nothing California State Legislature. Similar action is un­ unclean of itself; hit to him that esteemeth anything to doubtedly being instigated in other states and cities. be unclean, to him it is unclean." We would point out to Mr. Keating that present laws con­ There is your perversion, Mr. Keatlngi cerning obscene material are adequate, Contrary| to Ur, Keating's positive statement, homosexuals do not become - Dsl Mmrtim so by reading books. The subject of homosexuality is not obscene in Itself. It is only through further com­ munication (which Mr. Keating would deny us) that this controversial subject can ever be resolved. ^herperversion of freedom is the pressures exerted by FREEDOM - TO - READ the few to draft "loose obscenity laws" which would re­ sult in censorship by intimidation throu^ the threat of easy oonviotions. A counter-committee, the Freedom-to-Read Citizens Commit­ tee, has been formed in San Francisco by Attorney Morris The perversion of freedom is to put the policeman on the Lowenthal to resist any pressure group which tries to a- beat in a p o sitio n to t e l l the citiz e n s of a community brldge the fundamental liberties guaranteed in the Bill of what they may or may not read. R ights. Those in te re ste d in preserving th e ir freedom to read should write to 244 California St., Rm, 7 1I , S, F, 1 1 , In England during the Middle Ages male homosexuality was Lesbianism and the Law concurrently under the ecclesiastical and the common law courts (1 Hawk Pleas to the Crown, Chap. 4); Henry VIII took male homosexuality into the common law courts by sta tu te (25 Hen, V III, Chap. 6, 1533-34). The Colony of By David Hamblen, Esquire Massachusetts Bay adopted the definitions in the King Counsellor at Law, Massachusetts Bar James Bible (Colonial Laws, Sec. 7~^» ^^43), which were restated in the Province of Massachusetts Bay (Chap. 1, Lesbianism, or female homosexuality, has not been the 1637) &nd again re sta te d in the Commonwealth of Massa­ subject cf such extensive investigation by the law as chusetts (Chap. 46, Sec, 1, 1784), male homosexuality has been, but even so. Lesbianism does come under legal scrutiny« A review of the rea­ U ntil 17 1s male homosexuality in England was treated ex­ sons for legal preoccupation with male homosexuality is actly in accordance with the law of Leviticus; In that necessary, if the reasons for any legal preoccupation year the rather obscure reasoning in Forbes Reports 3I with female homosexuality are to be tmderstood» (En^and) would seem to show the beginning of a line of cases to prevent taking advantage of children. The idea There appear to be two lines of legal reasoning by was borrowed from the law of rape in which it is held which male homosexuality is held illegal - first, it is th a t the crime is commited when a g irl is too young to not in accord with our Judaeo—Christian civilization; consent. it is un-Chrlstlan (Romans 1:24-27; second, homosexual­ ity may result in taking advantage of children. The The death penalty for male homosexuality was abolished first line stems from Old Testament days when it car­ in Massachusetts in 1804 (Chap. 133» 1804), and a stiff ried tie death penalty (Leviticus 20:13), while the se­ prison term was substituted. In England the death pen­ cond line has to do with tne enforcement of humane treat­ alty for male homosexuality wftS abolished in I 86I (24 & ment of d iild re n , and t h i s lin e is le ss than 250 years 25 V icto ria, Chap. lOO). old. Judges have stated plainly the reason for punishing male In Old Testament days Baal was the god of the religion homosexuality to be that it is treason to God (Russell opposing the worship of Jehovah, and certain rites of the on Crimes, Vol. 1, P. 376, 7'kh English Ed.). In English p r ie s ts of Baal were of a homosexual n atu re . Hence, male law the old French maxim states that male homosexual­ homosexuality became significant of adherence to the re­ ity "e st crime de ftajeste vers le roy oelestre," which ligion hostile to the worship of Jehovah, or treason to means treason to God (Peloubet's Legal Maxims citing 3 God (1 K lngs:12).
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