Evening star., 1955-06-12

would exclude adultery, fornication
and sodomy-all of which are cur
rently punishable crimes in nearly
all States and the District Of Co.
lumbia.
It is a foregone conclusion that
the ALI's model code will encounter
a storm of opposition, but the in
stitute includes some of the worlds
best barriSters and can wheel up
an imposing array of judicial tai
ent to put across the lawyers view.
Obviously this view accepts the
findings of DR.. Alfred Kinsey to
the effect that a good deal OF
adultery and sodomy goes on
much more than the incidence OF
arrests 0et alone convictions) for
these crimes would indicate. But
the lawyers regard the enforcement
problems as akin to those which at
tended prohibition in the '20s. lie.
virtually insurmountable. Indeed. If
DR.. Kinsey is right, most persons
would find themselves in difficulty
with the police at one time or an
other if current sex laws were
strictly enforced.
Judge Hond's Attitude
Learned Hand. retired chief judge
of the U. S. I'd Circuit Court OF Ap-
peals and dean Of American jurists.
has succinctly stated the lawyers
position: Criminal law which is
not enforced practically is much
worse than If it was not on the
books at ALL"
Sex crimes such as adultery and
sodomy. Judge Hand told the
recent ALI convention here IN
Washington, are largely matter OF
morals and mot a matter that
people should be put In prison
about"
Fornication and adultery in
volve normal" sexual relations
between persons not married to
each other. Sodomy Is a broad
term covering a large variety OF
unnatural" or "deviating" sexual
activities, including homosexu-
ality0
Not all lawyers. by any means,
will agree with the current ALI
recommendation, particularly as
regards sodomy. But there is a
strong likelihood that many criminal
lawyers will. Arrests and prosecu-
tions for these crimes, when they
occur, are apt to be time-consum-
ing, embarrassing and generally un-
rewarding. Great difficulties exist
in setting up consistent standards
of unnatural" sex conduct since
there is no very reliable legal gauge
of what is or is not unnatural"
Time and effort expended in this
direction. it is argued, might better
be utilized toward the protection Of
society where it counts, for instance.
in rape situations, seduction of
minors or exhibitionistic public out
RACES. Moreover, as long as adultery
and sodomy are illegal under all
circumstances, they provide con-
venient basis for blackmail by
various kinds of "shakedown
artists" as we'll as paramours who
may be feeling miffed for one rea-
son or another.
The ALI carries much weight with
the legal profession. It's recon-
mendations automatically receive
deferential, if not uncritical, con-
sideration from the State bar asso-
Citations. Many of its "restatements"
of the law have been adopted in
toto as State codes by the various
legislatures or high State courts.
But lawyers are going to find
religious and educational factions
squared off against them in no
uncertain terms.
Religious Objections
The clergy, as might be expected,
takes a strong stand against the
lawyers point Of view that these
practices are not offenses against
society. Catholic, Protestant and
Jew alike assert that there would
be deep social implications in the
repeal of such laws, whether or
not the laws are generally enforced.
Here are sample comments by lead
ing clerics of the major faiths:
. Protestant view. The Rev.
Frederick Brown Harris, chaplain
of the Senate and recently retired
pastor of Foundry Methodist
Church:
Much nonsense has been talked
about free will as though it meant
that man were at liberty to do
anything he pleases-that if his
inner life is moral cesspool. that
is no concern of society.
"Of course, that is old stuff-as
old as some of the civilizations
Toynbee tells us about, which have
perished from the earth. The fun
damental problem of life is not how
to live with the police, but how to
live with oneself. Modern pSychol-
ogy but confirms the deep person.
ality insight found in the Bible: AS
a man thinketh in his heart, so
is he
lone of the greatest Of present.
day psychiatriSts declares: Our
problem is not primarily to fit a
man to face his environment, but to
fit him to face himself The great
ness of any nation, including our
own, lies in the number of its citi-
zens who yield obedience to laws no
policeman can enforce"
Catholic view. Msgr. Philip M.
Hannah, chancellor Of the Arch
diocese Of Washington:
THE strength of the country lies
In the virtue Of its citizens, whether
that virtue be shown in the external
or internal forum. The function of
law is not simply to repress ex-
ternal vice, but at least indirectly
to cultivate respect for virtue by
indicating what is culpable and
blameworthy. The attitude Of the
majority opinion Tof the Law InSti-