Official Support For Homosexual Bill (Press, 27 November 1974)

On 27 November 1974, Mr G. S. Orr, the Secretary for Justice, presented a compelling case to a parliamentary select committee advocating for the legalisation of private homosexual acts between consenting adult males. His submission was part of a review of the Crimes Amendment Bill, which proposes to amend existing laws on homosexuality. Mr Orr argued that the case for legalisation was stronger than the justification for maintaining current prohibitions, emphasising that his conclusions were not a commentary on the moral character of homosexual behaviour. He highlighted that the existing law was "inhumane" and caused suffering for homosexuals, who lived under the threat of exposure and prosecution. He mentioned that the harm attributed to homosexual acts was not greater than that posed by other forms of conduct, including adultery, which is not considered a criminal offence. Additionally, Mr Orr pointed out that the law might encourage homosexuals to enter heterosexual marriages as a method of concealment, leading to unhappy unions. Mr Orr also addressed claims that men engaged in homosexual relationships are likely to become involved with children, stating that such assertions lacked substantiation. He acknowledged past cases but reaffirmed that penalties for offences against children needed to be stringent, as proposed in the bill. Furthermore, he argued against the application of criminal law to enforce societal morality, noting that many common disapproved activities, like excessive drinking, remain legal. He dismissed fears that legalising homosexual acts would suggest societal endorsement of immorality, cautioning against identifying legality with morality. The submission also discussed the significant prevalence of blackmail within the homosexual community, as individuals faced the risk of prosecution if they reported crimes against them. Mr Orr noted that this issue had contributed to tragic outcomes, including suicides. The New Zealand Psychological Society indicated that efforts to change sexual orientation via therapy have seen limited success. The society recommended reducing the age of consent, currently set at 21, to 18, in line with voting eligibility. Additionally, various organisations, including the National Council for Civil Liberties, supported lowering the age of consent to 16, aligning it with heterosexual acts, asserting that the state should not interfere in the private lives of citizens. Criticism arose regarding proposed harsher penalties for child molestation, which some believed inappropriately equated it with consensual homosexual acts. Father Felix Donnelly, a Roman Catholic priest, argued for the separation of homosexuality from child molestation, advocating for psychiatric treatment over increased penalties. Submissions from the New Zealand Sociological Association suggested a complete rewrite of sexual offence legislation to standardise terminology in relation to adults and children. The Deputy Police Commissioner reiterated the police's neutral stance, refraining from expressing opinions on the bill's principles. The committee received numerous submissions, with significant public interest anticipated in discussions with Gay Liberation groups and community standards advocates scheduled for subsequent sessions.

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