Let us turn, then, to the consideration of his arguments in favour of freeing Urnings from the terrible legal penalties to which they are at present subject, and, if this were possible, from the no less terrible social condemnation to which they are exposed by the repugnance they engender in the normally constituted majority. Dealing with these exceptions to the kindly race of men and women, these unfortunates who have no family ties knotted by bonds by mutual love, no children to expect, no reciprocity of passion to enjoy, mankind, says Ulrichs, has hitherto acted just in the same way as a herd of deer acts when it drives the sickly and the weakly out to die in solitude; burdened with contumely, and cut off from common sympathy.

From the point of view of morality and law, he argues, it does not signify whether we regard the sexual inversion of an Urning as morbid or as natural. He has become what he is in the dawn and first emergence of emotional existence. You may contend, that he derives perverted instincts from his ancestry, that he is the subject of a psychical disorder, that from the cradle he is predestined by atavism or disease to misery. I maintain that he is one of nature's sports, a creature healthy and well organised, evolved in her superb indifference to aberrations from the normal type. We need not quarrel over our solutions of the problem. The fact that he is there, among us, and that he constitutes an ever-present factor in our social system, has to be faced. How are we to deal with him? Has society the right to punish individuals sent into the world with homosexual instincts? Putting the question at its lowest point, admitting that these persons are the victims of congenital morbidity, ought they to be treated as criminals? It is established that their appetites, being innate, are _to them_ at least natural and undepraved; the common appetites, being excluded from their sexual scheme, are _to them_ unnatural and abhorrent. Ought not such beings, instead of being hunted down and persecuted by legal bloodhounds, to be regarded with pitying solicitude as among the most unfortunate of human beings, doomed as they are to inextinguishable longings and life-long deprivation of that which is the chief prize of man's existence on this planet, a reciprocated love? As your laws at present stand, you include all cases of sexual inversion under the one domination of crime. You make exceptions in some special instances, and treat the men involved as lunatics. But the Urning is neither criminal nor insane. He is only less fortunate than you are, through an accident of birth, which is at present obscure to our imperfect science of sexual determination.

A Problem in Modern Ethics — Part 53