Karl Heinrich Ulrichs - Araxes

Araxes

Published in 1870, Ulrich's "Araxes: a Call to Free the Nature of the Urning from Penal Law" is remarkable for its similarity to the discourse of the modern lesbian and gay rights movement:

The Urning, too, is a person. He, too, therefore, has inalienable rights. His sexual orientation is a right established by nature. Legislators have no right to veto nature; no right to persecute nature in the course of its work; no right to torture living creatures who are subject to those drives nature gave them.

The Urning is also a citizen. He, too, has civil rights; and according to these rights, the state has certain duties to fulfill as well. The state does not have the right to act on whimsy or for the sheer love of persecution. The state is not authorized, as in the past, to treat Urnings as outside the pale of the law.

To be sure, legislators do have the right to make laws to contain certain expressions of the Uranian drive, just as lawmakers are empowered to legislate the behavior of all citizens. Accordingly, they may prohibit Urnings from:

(a) seduction of male minors;

(b) violation of civil rights (by force, threat, abuse of unconscious people, etc.);

(c) public indecency.

The prohibition of the expression of the sex drive, i.e., between consenting adults in private, lies outside the legal sphere. All grounds for legal prosecution are lacking in this case. Legislators are hindered from doing this by human rights and the principle of the constitutional state. The legislator is hindered by the laws of justice, which forbid applying a double standard. As long as the Urning respects guidelines (a), (b), and (c) above, the legislator may not prohibit him from following the rightful law of nature to which he is subject.

Within these guidelines Uranian love is in any instance no real crime. All indications of such are lacking. It is not even shameful, decadent or wicked, simply because it is the fulfillment of a law of nature. It is reckoned as one of the many imagined crimes that have defaced Europe's law books to the shame of civilized people. To criminalize it appears, therefore, to be an injustice officially perpetrated.

Just because Urnings are unfortunate enough to be a small minority, no damage can be done to their inalienable rights and to their civil rights. The law of liberty in the constitutional state also has to consider its minorities.

And no matter what the legislators have done in the past, the law of liberty knows of no limitation.

Legislators should give up hope at the beginning of uprooting the Uranian sexual drive at any time. Even the fiery pyres upon which they burned Urnings in earlier centuries could not accomplish this. Even to gag and tie them up was useless. The battle against nature is a hopeless one. Even the most powerful government, with all the means of coercion it can bring to bear, is too weak against nature. On the other hand, the government is capable of controlling the battle. The reasoning and consciousness of the Urning's own sense of morality offer the government wholehearted cooperation toward this goal.