What follows is an excerpt from Bernstein’s manuscript, the start (pp. 1-4) of a chapter called “What” (followed by “When,” “Where,” “How,” “Why,” and “What To Do About It”).
Two and a half to three million American adults are made criminals by outdated laws forbidding them from expressing their natural affection for someone of their same sex. Similar laws have been on statute books constantly, from Solon’s Athens to the present, the same way that prostitution, the world’s oldest profession, has existed underground for a large share of its life. The laws have never worked.