I’m of two minds on the subject.
First, I really have no interest in the government monitoring the bedroom activity of anybody. That is not anybody’s business, as far as I can see.
Having said that, I have little or no tolerance for those who would promote sodomy as natural or normal…this is not to say that I have interest in pushing something on somebody, but, at the same time, I don’t want that pushed on either my family or me.
St. Thomas Aquinas stated in
Summa 2-2-154 a good taxonomy on the subject. He validates the decomposition of lust into “simple fornication, adultery, incest, seduction, rape, and the unnatural vice.” (grouping sacrilege into a species of “adultery”)
He identifies (A11) “unnatural vice” as follows:
As stated above (A6,9) wherever there occurs a special kind of deformity whereby the venereal act is rendered unbecoming, there is a determinate species of lust. This may occur in two ways: First, through being contrary to right reason, and this is common to all lustful vices; secondly, because, in addition, it is contrary to the natural order of the venereal act as becoming to the human race: and this is called “the unnatural vice.” This may happen in several ways. First, by procuring pollution, without any copulation, for the sake of venereal pleasure: this pertains to the sin of “uncleanness” which some call “effeminacy.” Secondly, by copulation with a thing of undue species, and this is called “bestiality.” Thirdly, by copulation with an undue sex, male with male, or female with female, as the Apostle states (Romans 1:27): and this is called the “vice of sodomy.” Fourthly, by not observing the natural manner of copulation, either as to undue means, or as to other monstrous and bestial manners of copulation.
He then (A12) identifies “unnatural vice” as being a greater sin than that of incest or the rape of a virgin:
In every genus, worst of all is the corruption of the principle on which the rest depend. Now the principles of reason are those things that are according to nature, because reason presupposes things as determined by nature, before disposing of other things according as it is fitting. This may be observed both in speculative and in practical matters. Wherefore just as in speculative matters the most grievous and shameful error is that which is about things the knowledge of which is naturally bestowed on man, so in matters of action it is most grave and shameful to act against things as determined by nature.
Therefore, since by the unnatural vices man transgresses that which has been determined by nature with regard to the use of venereal actions, it follows that in this matter this sin is gravest of all. After it comes incest, which, as stated above (Article 9), is contrary to the natural respect which we owe persons related to us.
With regard to the other species of lust they imply a transgression merely of that which is determined by right reason, on the presupposition, however, of natural principles. Now it is more against reason to make use of the venereal act not only with prejudice to the future offspring, but also so as to injure another person besides. Wherefore simple fornication, which is committed without injustice to another person, is the least grave among the species of lust. Then, it is a greater injustice to have intercourse with a woman who is subject to another’s authority as regards the act of generation, than as regards merely her guardianship. Wherefore adultery is more grievous than seduction. And both of these are aggravated by the use of violence. Hence rape of a virgin is graver than seduction, and rape of a wife than adultery. And all these are aggravated by coming under the head of sacrilege, as stated above (10, ad 2).
So, using Thomas’ reasoning, if rape and incest are criminalized, then “unnatural vice” should be, as well (after all, if a lesser vice is a crime, by all means, the greater vice should be, as well).
Now human law is framed for a number of human beings, the majority of whom are not perfect in virtue. Wherefore human laws do not forbid all vices, from which the virtuous abstain,
but only the more grievous vices, from which it is possible for the majority to abstain; and chiefly those that are to the hurt of others, without the prohibition of which human society could not be maintained: thus human law prohibits murder, theft and such like. (
S. Th 2-1-96-2)
To be consistent, though, if sodomy is criminalized due to this reasoning, then so should “procurement of pollution without copulation.”