Sweeping the streets

190 years of The Spectator

6 September 1957

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Alexander Larman

Beware the middle of Lidl

There are two ways of looking at sexual immorality. One is to regard all illicit intercourse as a crime; the other is to regard it as a sin but not as something which concerns the State unless it has obvious anti-social consequences. The first has been out of fashion since the 17th century, when adultery was still a capital offence, and in most civilised countries the second attitude now prevails. But in England for the last 80 years there has been one notable exception. Since the Criminal Law Amendment Act of 1885 homosexual actions between consenting males have been criminal, even when they are performed in private. This measure — the Labouchère amendment — was passed late at night without discussion and, possibly, by mistake. There is no doubt that the Wolfenden Committee (with one dissentient) is right to propose its repeal.