Article II. On Sodomy

I. Notion. Sodomy is intercourse with a person of the same sex (St. Thomas, II-II, q. 154, a. 12, ad 4; St. Alphonsus III, 466).¹ It is also called sodomy properly so called, to distinguish it from unnatural intercourse with a person of diverse sex, which is customarily called sodomy improperly so called (n. 57). If sodomy is committed with boys, it is called pederasty.

Moreover, the essence and malice of this species of lust seems to consist in congress or in venereal mingling with an individual indeed of the same species, but of a sex with which the act of generating cannot be instituted. Hence for sodomy, besides persons of the same sex, there are required: 1. an act placed after the manner of intercourse; 2. an act placed, by means of the genital member, on the part of the agent; 3. the insertion of the genital member into the vessel of the other. It is said:

1. An act placed after the manner of intercourse; hence sodomy is not had in effect if someone touches with the hand, even with effusion of semen, the private parts of another.

2. An act placed by means of the genital member, because otherwise venereal mingling is not had.

3. The insertion of the genital member into the vessel of the other, because otherwise true mingling is lacking. It is required, therefore, either that a male insert the virile member into the posterior vessel or - as others add - into the mouth of another male; or that a woman insert the vulva into the vulva or into the posterior vessel or - as others add - into the mouth of another woman.

I said: or - as others add - into the mouth of another male, and: into the mouth of another woman. Namely, the said acts seem to be called sodomy properly so called, because here too there is had venereal mingling with a person of the same sex (St. Alphonsus III, 466; Homo Apostolicus, tr. 9, n. 25). Nevertheless, congress with a person of the same sex in the posterior vessel and in the mouth do not differ in species, because the malice of each consists in venereal mingling with a person of the same sex in an undue vessel.

Corollary I. Sodomy between women can indeed be attempted, but, if the structure of the genitals is normal, it cannot be actually exercised. When women, as seems sometimes to happen, apply vulva to vulva or to the posterior vessel of another woman, there is certainly an affection toward sodomy, but true sodomy seems not to be present; since it is not seen why, once the necessity of congress in a vessel is admitted among males, intercourse toward a vessel among women would suffice. The fact that congress in a vessel cannot take place between them proves rather that sodomy is impossible for them, unless the clitoris is abnormally developed, than that congress in a vessel is not required.

Corollary II. Intercourse of a man with a man which has taken place neither in the posterior vessel nor in the mouth, but in another part of the body, is not sodomy, but pollution in effect; nevertheless, regularly speaking, it will have annexed an affection toward sodomy (St. Alphonsus III, 466).

Corollary III. They commonly say that true sodomy is had whether seminal emission occurs inside or outside the vessel, so that there is no need to indicate that point (St. Alphonsus, loc. cit.).

¹ Those who are especially borne by affection toward persons of the same sex are called homosexuals.

II. Morality. 1. Sodomy is intrinsically and gravely evil, indeed after bestiality the gravest sin of lust. It is intrinsically evil because it involves the use of semen or quasi-semen which is not ordered to the good of the species (n. 28). It is gravely evil because, equally with pollution, it contains, if the discussion is of a man, a use of semen which is neither apt for generating nor ordered to the education of the one to be generated; if the discussion is of a woman, it involves the use of quasi-semen which is not ordered to education (n. 28). Finally, it is a most grave sin, as is clear from the testimonies of Sacred Scripture: "But the men of Sodom were very wicked, and sinners before the Lord exceedingly."¹ - "You shall not lie with a male as with a woman, because it is an abomination."² - "God delivered them up to shameful passions. For their women changed the natural use into that use which is against nature. And likewise also the males, leaving the natural use of the woman, burned in their desires toward one another, males with males working shame."³ It is clear besides from the very notion of sodomy handed down, which in the use of venereal things excludes not only the due organ but also the due sex.

2. The sins of the agent and of the patient do not differ in species. But since the circumstance of seminal emission must be made known, and it can be presumed on the part of the agent but not so certainly on the part of the patient, the penitent should be asked whether he was agent or patient, unless you prefer to inquire directly, or it is sufficiently clear from elsewhere, whether or not seminal emission took place (St. Alphonsus III, 468).

3. Sodomy perpetrated with a blood-relative or affine, equally as direct intercourse had with them, also takes on the malice of incest; perpetrated with a married woman, it also contains the guilt of adultery.

¹ Gen. 13:13.

² Lev. 18:22.

³ Rom. 1:26-27.

III. Penalties. 1. Laypersons and clerics constituted in minor orders, legitimately condemned for... sodomy... are by that very fact infamous, besides other penalties which the Ordinary shall judge should be inflicted (can. 2357, § 1; can. 2358).

2. Clerics in sacred orders, whether secular or religious, if they have admitted sodomy, are to be declared infamous, deprived of any office, benefice, dignity, or function which they may have, and in graver cases deposed (can. 2359, § 2).

Observe, however, that where in the Code there is speech of penalties against sodomy, sodomy perpetrated between males is understood, in the posterior vessel, with seminal emission made there. Sodomy is to be taken in the same sense if anywhere it is reserved.

Note. Sodomy is more often committed in cities than in villages, especially by reason of sleeping in the same bed. If someone seems to have to be questioned - for example, if a man confesses that he has sinned with a man, or a woman that she has sinned with a woman, and introduces a prudent suspicion of sodomy - it must be inquired whether intercourse or a joining of bodies took place. The inquiry can be instituted in this way: Did they exercise mutual touches? If this is affirmed, was it by hand or by body? If by body, did they join bodies?¹

¹ Aertnys, Theologia pastoralis, n. 38.