Case Presented For Change In Homosexuality Law (Press, 24 October 1968)

On 23 October 1968, the Homosexual Law Reform Society presented to the Parliamentary Petitions Committee in Wellington, outlining their argument for the repeal of laws that made homosexual acts between consenting adult males a criminal offence. The society informed the committee that an estimated 40,000 to 50,000 males in New Zealand were homosexual. They proposed that changing the law would significantly reduce human suffering, highlight the illogical nature of existing laws, improve enforcement consistency, and argue that the punishment of homosexuals was a greater evil than the behaviours the law intended to prevent. Professor J. H. Robb, the society's president, described the profound social and emotional strain faced by homosexuals due to the current legal framework, which exacerbated their societal fears and legal guilt. He cited the dangers of blackmail as a dire consequence of the legislation, where individuals could be extorted without the ability to seek police assistance without facing their own prosecution. Robb referenced alarming instances, including the suicide of an elderly victim of blackmail related to their sexual orientation. The society also pointed out that the law discriminated based on gender, as only male homosexual acts were criminalised while comparable female homosexual acts were not. Robb highlighted that societal attitudes toward these acts remained largely negative, and suggested that the fear of prosecution could lead to further criminality, rather than deterring homosexual behaviour. He argued that the societal and individual costs of enforcing the current law—such as damage to careers and familial relations—outweighed any perceived benefits. The Department of Justice report corroborated the petitioners' estimates, affirming that homosexuality exists across various societal classes and is not exclusive to any particular group. The report suggested that criminalising homosexual acts did not serve the interests of public morality and instead perpetuated vulnerability among homosexuals to blackmail and social ostracism. Several organisations and religious groups, including various churches and the Howard League for Penal Reform, supported the call for legal reform, acknowledging the need for a more compassionate approach to homosexuals. In particular, the Methodist Church’s backing in 1961 had signalled an openness to change that appeared to be growing among other groups as well. Despite these arguments, some opposition was noted, including a statement from a private individual, Mr Charles Morgan, who contended that changing the law would diminish societal standards and control over what he termed “unnatural habits.” He expressed concern that legalising homosexual acts could lead to moral decay. The hearing concluded, with plans to resume discussions the following Wednesday, marking a significant point in New Zealand's ongoing dialogue regarding the rights of homosexual individuals and legal reform.

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