Article II: Concerning Sodomy

I. Sodomy (sodomieterij) properly so called is concubitus toward an undue sex, that is, of two persons of the same sex, namely male with male, or female with female. Hence:

1. in order that true sodomy be present, a simple touch is not sufficient, even mutual, even with pollution, and even pollution procured by one another, whether exercised by hand, foot, mouth, or arm upon the genitals of the other; but concubitus is required, and therefore on at least one side the application of the genital member to the body of another, and indeed to some vessel of the body. Therefore for men there is required intromission of the virile member into the posterior vessel, or even into the mouth if it is done with one lying upon the other; for women, the application of the genital organ of one to the other or to the posterior vessel, namely of external pudendum to external pudendum or to the posterior vessel. But if the application is made to another part of the body, even with emission of semen, it will be pollution procured by touch of another person, not sodomy; unless inchoatively and in affection, if there is affection toward an undue sex, pollution with sodomitical affection, and the partner is not considered as a mere means of procuring pollution;

2. in order that sodomy be altogether perfect and fully consummated in the notion of sodomy, there is moreover required the complete use of the genitals, and therefore not only the intromission of the posterior vessel by the virile member, or the application of the anterior vessel, or external pudendum, to the anterior or posterior female vessel; but also the emission of semen or humor of the female canal, not only into the mouth, for then it is called irrumation, but into the vessel indicated above, so that it receives the semen or humor.¹ Hence, where sodomy is a reserved sin, it ought to be consummated in this sense, unless otherwise expressly noted. This happens more easily among males; concerning females it is understood with difficulty and generally is judged impossible, as is to be supposed in practice, because they are not to be questioned concerning these minute and scandalous circumstances. Ferraris notes, however, that according to some, women can by means of a certain diabolical instrument transmit distillation of the female canal and receive it into themselves.

¹ From the emission of semen the sin is consummated in the notion of lust, but not in the notion of sodomy unless the semen is emitted into the undue vessel.

II. Sodomy is a most grave and execrable sin, as is clear:

1. from its nature, both in itself, because it most gravely disturbs order and therefore is most of all against nature, and by reason of cooperation, because both sodomites give scandal to one another and each concurs in the most grave sin of the other;

2. from the graver penalties inflicted by ancient law or by God himself (Gen. XIX);

3. from the doctrine of the Apostle in Rom. I, 26-28.

III. Observations. 1. Several more recent authors often seem to place the very essence or specific notion of sodomy, as also of bestiality, and the essential distinction, in affection toward a person of the same sex, or toward an animal, or in the special pleasure thence arising. Yet this does not seem to agree with the general principles in moral matter; for pleasure is not evil unless the action from which it follows is evil, whence it does not constitute the very essence of the sinful act. But internal affection can be a circumstance on the part of the agent which adds to the external sin an internal malice specifically distinct, sodomy in affection; yet it cannot change the nature of the external sin itself or constitute its specific difference. This is essentially in the special perverse use of the genital organ; whence for effective sodomy there is required intromission or the use of an undue organ, as being of the same sex.

2. Let it not be thought that the aforesaid sin of sodomy is committed more rarely: sometimes it exists under the form of pederasty (knapenschending); in great cities there are also brothels of men; in the army, especially among cavalrymen, and in ships among sailors, it is frequent enough. Similarly in history certain more celebrated women are known who approached other women in true congress,² although one perfectly consummated perhaps must be judged impossible.

² Compare above, p. 10, note 3.

3. It does not have to be explained who was the agent, who the patient, because that circumstance does not change the species. Nevertheless it must be declared whether pollution occurred, and especially if it did not occur.

4. Concubitus in a vessel, especially as to women, easily has the malice of fornication as companion: for the female patient, while provoking the acting female, is accustomed to say: "Do with me as a man," indeed sometimes the acting female not only lies together, but uses some instrument, as if a virile member. Therefore the confessor will be able prudently to inquire, rather than concerning base modes or circumstances, concerning this malice of fornication.

5. Likewise the circumstances of consanguinity, affinity, marriage, vow, and so forth, add malice to sodomy.