Page:Symonds - A Problem in Modern Ethics.djvu/112

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A Problem in Modern Ethics

quarrel over our solutions of the problem. The fact that he is there, among us, and that he constitutes an ever-present factor in our social system, has to be faced. How are we to deal with him? Has society the right to punish individuals sent into the world with homosexual instincts? Putting the question at its lowest point, admitting that these persons are the victims of congenital morbidity, ought they to be treated as criminals? It is established that their appetites, being innate, are to them at least natural and undepraved; the common appetites, being excluded from their sexual scheme, are to them unnatural and abhorrent. Ought not such beings, instead of being hunted down and persecuted by legal bloodhounds, to be regarded with pitying solicitude as among the most unfortunate of human beings, doomed as they are to inextinguishable longings and life-long deprivation of that which is the chief prize of man's existence on this planet, a reciprocated love? As your laws at present stand, you include all cases of sexual inversion under the one domination of crime. You make exceptions in some special instances, and treat the men involved as lunatics. But the Urning is neither criminal nor insane. He is only less fortunate than you are, through an accident of birth, which is at present obscure to our imperfect science of sexual determination.

So far Ulrichs is justified in his pleading. When it has been admitted that sexual inversion is usually a fact of congenital diathesis, the criminal law stands in no logical relation to the phenomenon. It is monstrous to punish people as wilfully wicked because, having been born with the same organs and the same