# The Intersexes: A History of Similisexualism as a Problem in Social Life/Chapter IV

CHAPTER IV.
Similisexual Love in the Brute World; in Primitive, Barbarous and Semi-Civilized Man; in Ancient Civilizations and Religions; and under Ancient and Modern Statutory Law.
The distinctly individual and biographic contents of this study will be regarded by the less philosophic with more interest than these preliminary analyses of various aspects of similisexual passion. But only through these considerations can one enter with full intelligence on the narratives and other clinical memoranda of Uranian and Uraniad types.
Similisexual Love in the Brute Creation.
In birds the tendency is also general. A great proportion of birds make no distinction whatever between copulating with the male or the female; actively or passively participating in it. The same obedience to either the active or passive role is observed in many common beasts. One of our domestic animals giving us every day the most common proof of making no distinction as to sexual passion, the dog, is rarely willing to be passive in the act; though the dog, occasionally, seems to prefer that form. The word "dog" in all oriental languages, especially in Scriptural usages, is synomous for sodomite, etc.
In the entomological kingdom most interesting habits of deliberate, preferred similisexual intercourse between male insects have been minutely observed and recorded. The reader, is referred to the notes of Professor Karsch of Berlin, and to Kelch, Noel, Osten-Sacken, Lacassagne and others, either directly or as cited by Moll, Ellis, and others when treating of human similisexualism. But the naturalist does not discover any new general principle when studying the instinct in the animal-world. Pliny and Aristotle noted it, and even argued from it toward the general problem.
We may also take note of the fact that botany is not altogether silent on the question of similisexual relations between plants. Something much like (strange as it seems) a deliberate similisexual intention has been studied by several botanists of authority in connection with researches into fertilization and cross-fertilizations.
In Primitive Man.
That it was a primitive, natural predisposition in human nature, is hardly contestable, even if the scrawls of troglodytes and lacustrine savages do not speak of it. The oldest Oriental and Latin and Hellenic writers found it active in the barbarous nations with whom they came into contact, in war or peace. Today, the explorers in the wilds of the savage-world have found it rooted, contrary to theories of its relation to advanced esthetic life. The savage still regards it largely as of no import, morally or physiologically. Similisexual love, the will to satisfy it, has among its paradoxes this one, that it pervades quite uncultured natures, while also appearing to be to be a direct consequent of aesthetic and intellectual cultivation. To refined civilizations it is almost an inevitable accompaniment, ever working along the nervous lines of aesthetic susceptibility. But also it occurs distinctly where all society's concepts are rudimentary. The savages of Asia, Central Africa and East-Indian islands, the Esquimaux, the Patagonian and Red Indian tribesmen, the barbaric dwellers in the archipelagoes of the Pacific, are all given to similisexual practices, whether between men and men or between women and women, but especially in its male phases. Among that mystic and ever-primitive race, the Gipsies, the passion of the male for the male, and its frankest physical gratification is current, especially in Central-European Zigeunerthum. The ancient Scythians so accepted the instinct of sexual relations between males that a special class of well-conducted male prostitutes was organized by that warlike people. The primitive German and Gothic races were given to it, coincidental ​with their strongest military periods. To-day it is one of the racial traits of their descendants. The Etruscans were peculiarly given to similisexualism and the Tuscans and Umbrians have inherited its passions. It was a part of the Aztec social system, and even of Aztec religions, and Central America and South America know it instinctively.
In Assyrian, Babylonian and Egyptian Races.
Why Similisexu- al Love was so Severely Deno- unced by the Mosaic Code.
The "Sin of So- dom" never a Sin, and Never Estab- lished as Such by the Story of Lot, etc.
The Mosaic charge to Israel that similisexual love was an abomination in the. sight of the Jewish Jehovah, a particular moral enormity meriting death, had no basis in any moral "revelation to Moses," any more than had other wise provisions of the Mosaic Code. The warning, the death-penalty, were inserted for directly practical motives, not theological nor ethical objections. (The very words that are used of similisexual relations as a sin, refer to many other matters often; to what we consider ​quite minor offenses). Let us note, for other example, the story of Onan. There is absolutely no ground in the incident of Onan and the spilled seed, for regarding masturbation as a moral obliquity. Onan was not punished for what was a moral sexual dereliction per se; but for unwillingness to marry his brother's widow, and to raise up a family for his brother's name; a breach of religion, of Oriental civil-custom, in Onan's early day. Onan, like many men, has his name used as a reproach against him and his posterity, by an injustice to the man and the action. We can admit that the Mosaic Code put similisexual passion and its gratification in line with grave moral, social, religious offenses, with rape, murder, idollatry, bestiality. But such a juxtaposition and the death-penalty for homosexual relations should never have been taken by later and non-Israelitish peoples as referring such sexual intercourse, between men and men, or women and women, to the unnatural, or to the ethically vicious.
There is interest in our also noticing here that though Moses so plainly includes bestiality as an offence, laying stress on feminine intercourse with a beast, he makes no allusion to similisexual passion between two women, general as it must have been in the Egyptian and Hebrew social life.
The Status of Mo- saic—Judaic Law, and Canon Law through Christian Ethics, as an Unwarrantable Position.
More than this, however startling to us, let us observe also that similisexualism has never by right known any essential, even inferred, prohibition in the real Christian system. For, the position of the Gospel narratives, the attitude and expressions or silences of Christ as to it, point out differentially the fact that what the Apostles affirmed of it was on their own authority; merely part and parcel of the Judaism with which, from the very beginning, Christianity has been so loaded down. From that it suffers to-day only too much. The purest New Testament ethical dispensation ever should ignore homosexualism, when we look closely into the finer origins of gospel ethics. Our criminal laws, so much infused with old Canon Law, with mediaevally religious views, have perpetuated the hostile sentiment and error. In fact, the attitude of Christ toward many recondite human relations raises the question of how far Christ himself is an illustration of the emotion of similisexual love, with its concurrent reserve toward any warmer relationships to woman than that of son or friend or teacher. We also justly can infer that Apostolic Christianity pronounced against intersexualism through policy, quite as much as through moral antagonism of Jewish colour.
Similisexual Love in Greece in Classic Epochs.
Was Similisexual Love Primitive, and of the Heroic Age, in Greece?
The Distinctions in Hellenic Love.
Attitudes of Greek Society to- ward Pederasty.
Many more historic passages to the point can be cited from Hellenic authours of history. We shall see later what belles-lettres afford, in the same key.
In short, similisexual love and its intercourse in Hellenic life was, for the most part, put on a footing with heterosexual love, even when it narrowed itself, not to say degenerated, to pederasty as a merely physical rather than spiritual impulse. When pederastic, it was not legislated-against nor frowned-down, except when dangers to the intellectual, moral and physical development of the lad and disturbance in the family were perceived, and properly made a serious consideration. It was satirized as a weakness, reproved as a lapse, by philosophers and poets when it was not excepted-against in any statutory manner.
Feminine Simili- sexualism in Greece.
Similisexual Love in Rome.
In Primitive Rome.
In Imperial Rome.
In Later Rome.
Feminine Simili- sexualism in Rome.
The Immediate Hostility of Prim- itive Christiani- ty toward all Erotic Passion, especially the Similisexual.
Pagan Aesthetics to be Eradicated.
The Instant Hos- tility of the Ro- man Church; and of Mariolatry.
The Later Canon and Roman Law, and Similisexual- ity.
The Persistence of the Passion despite all Legis- tation and Social Ban.
In Mediaeval and Renaissance Italy.
In Teutonic Coun- tries and Laws: and in France and the North; during the Mediaeval Periods, etc.
The British Posit- ion, Social and Legal, prior to Contemporary Statutes: and To-Day.
In the Oriental Civilization.
Enlarged Ideas and More Recent Epochs: Contem- porary Ideas and Similisexualism: The Beginnings and Progress of a More Tolerant Legal and Social Consideration of the Instinct.
Psychiatric Studies Begin to Influence Social & Legal Views.
Summary of Crim- inal-Law Atti- tudes To-Day.
In Great Britain, where similisexual love is still denounced as a sentiment contrary to all human ethics, it is punished with imprisonment at hard labour for life; and, when only attempted, by imprisonment, also at hard labour, for a term not exceeding ten years; and with loss of civil rights. The offender is a felon, of deepest ​dye. Legal and popular ideas of more humanely cautious sort are not general. In the British Colonies, not Oriental, similar statutes are enforced, as to the British offender. In the more Oriental British possessions, a modified legislation prevails. But it represents a felony.
In Germany a shifting condition of affairs is noticeable. The public interest in homosexualism is immensely increased within a decade or so, as would be expected in a nation where the proportion of homosexuals of all classes is so large. The topic is no longer regarded as absolutely tabu in even social discussions by serious men and women, taking hold intellectually of its grave social problems. Indeed the rights of the respectable homosexual, whether prince or peasant, as a man now under the ban of useless and mediaeval legal provisions are constantly agitated. A strong petitionary movement has twice memorialized the highest German Legislature, endorsed by all professions and callings, in appeal for the suppression of references in the Statutes to homosexual intercourse, except such provisions as shall guard minor youth and preserve public decorum. Eminent German political men have taken part in the effort to repeal the most useless, or worse, paragraphs of the law. This movement has been made part of the platform of the Social Democratic party in Germany. With all respect to that intelligent and powerful body of citizens and agitators, the connection has not yet proved as useful to the repeal of the laws concerned, as would be desired. The Clerical Party have bitterly and successfully fought against any changes. It is to be observed that before the consolidation of the present day German Empire, many of the States showed a humane and reserved aspect toward homosexualism. When the new Imperial Confederation required a more uniform system in the Criminal Codes, intolerance of homosexual liberty became fixed by the laws throughout the Empire; except that there is no reference to penalties for feminine similisexualism. Under the present (1900) Code, and according to Paragraph 175, ​similisexual intercourse between males is punished by imprisonment for a term of from one day to live years, according to circumstances, and loss of civic rights can be added. A tendency to a liberal construction of offences under the Paragraph mentioned is noticeable, in spite of the foregoing severe attitude. The continual occurence of blackmailing-scandals has made something like a tacit friendliness of judges and jury a plain necessity. But the similisexual is still a felon under German law. An important deduction from its rigours is however to be noticed. In Germany, in spite of Paragraph 175, a merely mutual onanism, manually performed, between two adults particularly, uncoerced, under private circumstances, as in an hotel, or in one's own dwelling, is not punishable. This curious construction of the law, which the reader will at once perceive to be ridiculously inconsistent with the express intention of it, holds good, and enables many a similisexual to rout some blackmailer. But the reader must understand that any other manner of homosexual acts between males (such as pen. in anum, pen. in os, coitus inter femora, etc.) is more or less severely punishable. Any sexual acts with any minor, however depraved the minor, are felonious. A more absurd interpretation of a statute is not easily found; but it can be one of service to victimized and respectable similisexuals in Germany.
In Austria-Hungary by the Laws of 1852, including a special paragraph (159), the similisexualist is punished with imprisonment from one year to five years, according to the nature of his offence. But in districts of the Dual Monarchy-as in Germany-is shown a disposition to construe the law favourably toward an offender whose inborn and constitutional homosexualism can be clearly shown by expert examination of him by medical psychologists. Also, the blackmailer, in Austria-Hungary as a rule, is the sufferer in cases where that element appears clearly. A tendency toward milder construction of the statutes is ​considerably shown in legal proceedings, now and then in Vienna. In Hungary, the penalty for the offense is one year, or more, according to circumstances.
In Switzerland exist curious differences in the legal attitudes according to the different Cantons and their laws. Generally defined, in the German-speaking cantons the homosexual is punished, by a greater or lesser penalty of imprisonment, with here and there loss of his civic rights: whereas in the French-speaking cantons, the homosexual is not recognized as a criminal provided he does not coerce, nor offend public decency, nor debauch minor youth. Briefly, the differences in the Swiss laws are as follows. In Canton Graubunden, no specific age of consent is set nor extenuating circumstances; penalty, imprisonment up to a term of three years. In Waadt (Vaud), the law specifies that "sodomy" shall not be punishable except on formal complaint, more especially if debauchment of minor youth is shown; in which case the penalty is imprisonment for a term of from two months to three years. In the Valais (Wallis) the law regards only public decorum, not even specifically providing against the debauchment of minors. In Schaffhausen, the law punishes debauchment of minors, according to a varying scale of imprisonment, depending on whether the minor is more than fourteen years old but under sixteen, or otherwise, and a penalty of three months imprisonment is fixed for intercourse between adults. In the canton of Oberwalden, there exists a sort of general penalty for all homosexual offences—imprisonment "up to four years." In Luzern, also is a general provision of punishment for all homosexual intercourse, by a term of imprisonment up to five and ten years, according to the special grade of the offence. In Glarus, is a similar general provision for punishment by imprisonment from two years up to ten. In Freiburg, sexual relations with a minor of less than 19 years of age can be punished by imprisonment from two ​to eight years, and the public decorum is not to be offended; otherwise, the homosexual is relatively free. In Zürich, like Freiburg, only when the offense is with a minor of less than 18 years, or if public decency is in question, can the homosexual be punished. In Basel, homosexual relations with minors apparently if under 18 years, have special penalties of imprisonment, and the circumstances opposed to public propriety are considered. In the Canton of Tessin (Ticino) debauchment of minors over 12 years and under 15 years is punishable by imprisonment. In Geneva (a city where much homosexualism is met) there is no punishment except for the debauchment of minor youths: that is to say imprisonment from one month to one year if the minor be under 21, and for two years up to five years if the youth be less than fourteen; besides regulations as to public decorum. In Neuchâtel the law is similar to Geneva. In Appenzell, the law punishes adults who offend between themselves, or those who debauch minor youth under 15, according to a series of fines and imprisonments, the latter ranging from two to twenty (!) years. In Schwyz, exists a general provision for homosexual offense, with imprisonment for a term of two years. In St Gall, the law regards the matter in relation only to debauchment of minors, or if a public scandal be made; with a term of two years imprisonment. In a large number of these different legistations in Switzerland, according to this or that cantonal sentiment, there also is met a just paragraph which provides special punishment against any homosexual who debauches a minor in the relation to him of pupil, ward, or otherwise committed to the adult offender, in the capacity of protegé. Also is punished all pandering.
In France, the Code Napoléon maintains its wise and humane provisions. There is no legal recognition, no penalty for homosexual intercourse between males or females, in France, unless public decency comes into the ​consideration of the offence, violence, pandering, scandal, or unless a legal minor be debauched; or unless the offence is committed with the active participation of more than merely one youth. In Norway and Sweden, in Denmark, Russia, and in certain Balkan States, in all of which homosexualism is in frequent social demonstration, the penalties are imprisonments for relatively long terms, two to ten years, or with deportation, loss of civil rights and so on. The same penalties exist in modern Greek legislation. It may be noted here that in or out of Greece, the modern Greek is extremely given to homosexual intercourse. Athens is a center of it; especially pederasty.
In Italy, except when the offender is a soldier in military actual service, or if violence be used in the acts, or when public decency is outraged or when minor children (under sixteen years old) are debauched, there is no legal opposition to hf similisexual satisfactions. In Holland, in the Grand Duchy of Luxembourg, in Belgium, in Portugal, Spain, the Principality of Monaco, and in Turkey, there is no legal position taken against similisexual passion, except when it is a rape, or is exhibited in a way offensive to public decency, or is corruptive of youthful morals.
It should be noted that the phrase "public decency" is often construed in a general sense by the criminal courts of the countries concerned. Also the age of minors is variable; usually the boundary being fourteen years; but under some conditions twelve years, sixteen years, or even more.
In Mexico, there is no penalty for similisexual relations except when under the conditions of actual rape, publicity, or age, as set forth above. The same rule holds in Latin South-America in general.
​In the United States of North America, the punishment of homosexualism is severe, in all the State-Codes. For instance, the laws of New York State against the least manifestations of it, punishing it with heavy imprisonments, are typical. It is a first-class felony. Nor is any other view of it, by jurists, in general and clear consideration in America at present, nor in the general public sentiment or notice.
But each day proves how are powerless all legal provisions to lessen the similisexual impulse in humanity the world over: how vain are ethical or religious positions to put it out of the heart and the life-impulses of mankind in each class. Similisexual love flourishes today, in every phase of finer or deteriorated character and expression; from binding the master-bond of high souls to being the living of sordid male prostitutes of a boulevard. It defies clandestinely all penalties, all social intolerances. With this fact as the more personal material for these pages, we turn now to the practical study of the Intersexual races, the Uranian and the Uraniad.