Official support for homosexual bill

Press, Volume CXIV, Issue 33702, 27 November 1974, Page 2

Official support for homosexual bill

(New Zealand Press Association) WELLINGTON, November 26. The case for legalising homosexual acts in private between consenting adult males was clearly stronger than the case for retaining the present law, the Secretary for Justice (Mr G. S. Orr) said today.

In a submission to the special Parliamentary select committee studying the Crimes Amendment Bill, which seeks to legalise such acts, Mr Orr said this conclusion was his considered judgment, but it did not imply “any judgment about the moral character of homosexual behaviour.” Mr Orr was making submissions in his official capacity of head of the Justice Department, as part of a briefing for the committee from both the Police Department and the Justice Department. Homosexuality between males, if harmful at all, was certainly no more harmful to society than lesbianism, which was tolerated by the law, Mr Orr said.

"In any event, criminal prosecution is no answer to the problems of people of homosexual inclinations liv-

mg in a largely heterosexual society,” he said. The present law as it related to private homosexual acts between consenting adult males was open to criticism on several grounds. “Inhumane” It was not humane, and reform would substantially reduce the suffering of practising homosexuals, who had to live with the constant threat of public exposure and criminal prosecution, Mr Orr said. Opponents of change argued that homosexual behaviour harmed both society and the individual but it was hard to see how homosexual acts were harmful to the individual in any case where he freely consented to them, provided he had reached a certain degree of maturity. As far as society was concerned, family life might be damaged by the homosexual behaviour of one of the spouses but not more so by

that of the husband than by that of the wife. Other sexual conduct from which the family could suffer, such as adultery, was not a criminal offence.

The present law tended to encourage homosexuals to marry in an attempt to disguise or overcome their tendencies, and unhappy marriages could result. Mr Orr said he did not think that the argument that men who had had homosexual relations with adult partners frequently turned to children, could be substantiated. Although there had been a few cases where this had occurred, there was a heavy penalty for offences against children, and the bill proposed to make this even heavier, increasing it from 10 years gaol to 14 years. It was not the proper function of criminal law to enforce prevailing moral standards, even assuming that such prevailing standards could be ascertained.

“For example, adultery has

never been a criminal offence in New Zealand. Similarly, I think it would be fair to say that most people disapprove (in varying degrees) of lesbianism, prostitution, excessive drinking, and excessive gambling—yet none of these is itself a criminal offence.”

Mr Orr _ rejected the suggestion that the repeal of the present law would give the impression that society did not seriously condemn such acts, and that what was made legal could not be very immoral. Blackmail “But an attitude that what the law allows is moral, and that what the law prohibits is immoral, is a most dangerous one,” he said. The present law allowed considerable scope for blackmail since homosexuals could not complain to the police without fear of being prosecuted themselves. The blackmail of homosexuals was thought to have led to several suicides in New Zealand. Mr Orr said the statements of opinion and judgment in his submissions were his own, made in his official capacity. But they were not merely personal opinion, and had been formed officially in the light of an examination of the present law and its operation, and consideration and study by senior officers over the years. Experience Attempts to alter homosexuals’ sexual preferences through the use of drugs, psychotherapy, and behaviour therapy had been of limited success, the New Zealand Psychological Society told the committee. The society said it suspected that the results of attempts to treat homosexuals were no more successful than would be attempts to redirect heterosexual behaviour, should that be tried. International findings indicated that homosexuality was a form of behavoiur which could be displayed by almost any person, given certain “relatively enduring environmental influences.” The society supported the submission of the Justice Department that the age of consent should be lowered from the 21 suggested by the bill, to 18, the age at which people were allowed to vote. Support for a reduction in the suggested minimum age of consent came from various other groups. In written submissions, the National Council for Civil Liberties also asked that the age of consent be lowered to 16 years. This would bring it into line with the minimum age of consent for heterosexual acts. The council said the State had no function to interfere in the private sexual life of its citizens. “Out of place” Criticising the clause which would increase the maximum penalties for homosexual assault on minors, the council said this would put child molestation—an offence which was the product of a disordered mind—on the same basis as aggravated robbery, rape, and manslaughter. The bill would give a maximum penalty of 14 years, but a convicted murderer could expect to serve only about

The National Association of Priests asked that the age of consent be lowered to 18, and said the proposal to increase penalties for child molestation was “out of place.”

Further support for the bill and for a reduction in age of consent came from the Rev. Felix Donnelly, a Roman Catholic priest and senior lecturer in community health at the School of Medicine, Auckland University. Father Donnelly said he had been increasingly engaged during the last 15 years in counselling male and female homosexuals and in that period had counselled about 700 male homosexuals. He criticised the association in the bill of child molestation and homosexuality. “Though many find this difficult to understand, paedophiliacs (child molesters) and homosexuals are as much related as heterosexuals and homosexuals,’’ he said. The child molester was frequently married, and was often an inadequate and immature personality. Increasing punishment was a primitive approach to the problem, he said. Psychiatric treatment in hospital was a better method.

All one Submissions from the New Zealand Sociological Association made the basic suggestion that the whole of the sexual offences section of the Crimes Act should be rewritten so that all sexual offences were covered together. The word “adult” would replace references to man, woman, male, or female,

and the word “child” would replace references to boy or girl. In submission for the Police Department, the Deputy Commissioner (Mr R. J. Walton) stressed the submissions were designed as background information for committee members, and said the police had not wished to express any opinion on the bill’s underlying principles. “The police are unable to predict what effect this bill would have on the commission of homosexual offences should its provisions become law,” Mr Walton said.

The committee also received 118 other written submissions from organisations and individuals, many of whom criticised the proposal to allow homosexual acts between adult males as being unnatural and against Christian teachings. Most interest is expected to centre on tomorrow’s sitting when Gay Liberation groups from Auckland, Wellington, Christchurch, Dunedin, and Palmerston North make submissions. These will be opposed in the afternoon by submissions from the Wellington and Taranaki branches of the Society for the Promotion of Community Standards. The committee consists of the Minister of Justice (Dr Finlay), Messrs D. J. Carter (Nat., Raglan), J. G. O’Brien (Lab., Island Bay), P. B. Rewiti (Lab., Eastern Maori), D. Thomson (Nat., Stratford), J. F. Luxton (Nat., Piako), and the Deputy Leader of the Opposition (Mr Taiboys). The Minister of Tourism (Mrs Tirikatene-Sullivan) will sit in for Dr Finlay today and tomorrow.