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 SEXUALITY NOW
EMBRACING DIVERSITY
First
Canadian
Edition

JANELL L. CARROLL
University of Hartford
EVELYN FIELD
Mount Royal University
DAVID AVELINE
Mount Royal University

NEL

Copyright 2017 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-300
 Sexuality Now: Embracing Diversity, First Canadian Edition
by Janell L. Carroll, Evelyn Field, and David Aveline
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COPYRIGHT © 2017 by Nelson
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Adapted from Sexuality Now:
Embracing Diversity, Fifth Edition,
by Janell L. Carroll, published by
Cengage Learning. Copyright
©2016 by Cengage Learning.
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Cataloguing in Publication Data
Carroll, Janell L., author
Sexuality now : embracing
diversity / Janell L. Carroll
(University of Hartford), Evelyn
Field (Mount Royal University),
David Aveline (Mount Royal
University).—First Canadian
edition.
Includes bibliographical references
and index.
ISBN 978-0-17-656136-9
(paperback)
1. Sex instruction. 2. Sex
instruction for youth. 3. Sex
customs. 4. Sexual orientation.
I. Aveline, David Timothy, 1951–,
author II. Field, Evelyn, 1968–,
author III. Title.
HQ35.2.C37 2016
613.9071 C2015-907541-6
ISBN-13: 978-0-17-656136-9
ISBN-10: 0-17-656136-6
About the Authors
D
r. Janell L. Carroll received her Ph.D. in human sexuality
education from the University of Pennsylvania. A certi-
fied sexuality educator with the American Association
of Sexuality Educators, Counselors, and Therapists, Dr. Carroll is
a dynamic educator, speaker, and author, who has published many
articles, authored a syndicated sexuality column, and appeared on
numerous television talk shows. Dr. Carroll has travelled through-
out the world exploring sexuality—from Japan’s love hotels to
Egypt’s sex clinics—and has been actively involved in the develop-
ment of several television pilots exploring sexuality. She has lec-
tured extensively; has appeared on and has been quoted in several
national publications, Internet news media outlets, and cyber-
press articles; and has hosted sexuality-related radio talk shows.
She is also the author of a popular press book for young girls
about menstruation titled The Day Aunt Flo Comes to Visit.
On a personal level, Dr. Carroll feels it is her mission to
educate students and the public at large about sexuality—to
D
r. Evelyn Field has published over 20 scientific articles
in the area of sexual differences and development,
co-authored several book chapters, and co-written a
book titled Sex Differences: Summarizing More than a Century
of Scientific Research. She has received awards from the
National Science and Engineering Research Council (NSERC),
the Alberta Foundation for Medical Research (Alberta Inno-
vates), and the Canadian Institute for Health Research, and
D
r. David Aveline was born in London, England, came to
Canada at age four, and was brought up in Quebec. He
had a number of jobs before attending university,
including underground miner in northern Manitoba, ditch dig-
ger, race track groom, youth counsellor, shoe salesman, and hotel
manager. He received his Bachelor and Master’s degrees in sociol-
ogy from Concordia University in Montreal and his doctorate
in sociology from Indiana University in the United States.
Dr. Aveline has long had an interest in human sexuality. His men-
tors were Dr. Frances M. Shaver at Concordia, who has long
NEL
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help people think and feel through the issues for themselves.
Dr. Carroll’s success as a teacher comes from the fact that
she loves her students as much as she loves what she teaches.
She sees students’ questions about sex as the foundation for her
course and has brought that attitude, together with her enthu-
siasm for helping them find answers, to Sexuality Now.
Dr. Carroll has won several teaching awards, including Uni-
versity of Hartford’s Gordon Clark Ramsey Award for Creative
Excellence, for sustained excellence and creativity in the class-
room, and Planned Parenthood’s Sexuality Educator of the Year.
Before teaching at University of Hartford, Dr. Carroll was a ten-
ured psychology professor at Baker University, where she was
honoured with awards for Professor of the Year and Most Out-
standing Person on Campus. Dr. Carroll’s website (http://www
.drjanellcarroll.com) is a popular site for people to learn about
sexuality and ask questions.
received the Governor General’s Gold Academic Medal for her
research.
Dr. Field has also received numerous recognitions for her
teaching and research presentations, including a Student Cham-
pion Award from the Students Association at Mount Royal Uni-
versity. She is currently an Associate Professor and Chair for the
Department of Psychology at Mount Royal University, where she
teaches the third year Psychology of Sexuality Course.
studied sex workers, and Dr. Martin S. Weinberg and Dr. Collin
J. Williams at Indiana University, who had previously been
researchers at the Kinsey Institute. Dr. Aveline’s interests in sexu-
ality focus on identity construction, gender fluidity, historical
states, and sexual negotiation. He has been a sociologist at Mount
Royal University in Calgary for 12 years. He teaches sociology of
the body, sociology of religion, and sexualities, and he divides his
time between home life with his husband of 24 years and the class-
room. He is currently working on a book on sexual negotiations
between men from the post-war period to the present.
iii
Brief Contents
About the Authors iii
Preface xxviii
1 Exploring Human Sexuality: Past and Present 2
2 Understanding Human Sexuality: Theory and Research 26
3 Female Sexual Anatomy, Development, and Health 54
4 Male Sexual Anatomy, Development, and Health 90
5 The Biology of Sex, Pregnancy, and Childbirth 112
6 Contraception and Abortion 152
7 Sexually Transmitted Infections and HIV/AIDS 190
8 Gender Development, Gender Roles, and Gender Identity 218
9 Sexual Orientation 238
10 Childhood and Adolescent Sexuality 268
11 Communication and Sexuality 294
12 Love and Intimacy 314
13 Adult Sexual Relationships 336
14 Variations of Sexual Expression 360
15 Challenges to Sexual Functioning 388
16 Harmful and Antisocial Sexual Expression 416
17 Power and Sexual Coercion 442
18 Sexual Imagery and Selling Sex 474
A
Appendix 501
References 515
Name Index 588
Subject Index 606
iv NEL

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Contents
About the Authors iii
Preface xxviii

© Monkey Business Images/Shutterstock

Chapter
Exploring Human Sexuality:
Past and Present 2
Sexuality Today 5
Only Human: What Is Sexuality? 5
Sex Sells: The Impact of the Media 5
The Early Evolution of Human Sexuality 7
Stand Up and Look Around: Walking Erect 7
Sexuality in the Ancient Mediterranean 7
Sexuality in Ancient Asia 9
Sexuality from Saint Paul to Martin Luther 12
Early Christianity: Chastity Becomes a Virtue (Beginning about 50 c.e.) 12
The Middle Ages: Eve the Temptress and Mary the Virgin (500–1400) 12
Islam: A New Religion (about 500 c.e.) 13
The Renaissance: The Pursuit of Knowledge (Beginning about 1300) 14
The Reformation: The Protestant Marital Partnership (Beginning about 1500) 14
The Enlightenment and the Victorian Era 15
The Enlightenment (Beginning about 1700) 15
The Victorian Era (Early 1800s) 15
Sexuality in Canada—Past and Present 17
Aboriginal Life and Sexuality 17
The King’s Daughters, Naked Marches, and Polygamists 18
The Struggle to Legalize Abortion 18
Gay Rights in Canada 19

NEL v

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Sexuality in American History 20
The 15th to 18th Centuries: The Puritan Ethic and Slavery 20
Sexuality Movements of the 19th Century 20
The 20th Century: Sexual Crusaders and Sexologists 21
The Feminist Movement 21
Gay Rights 22

CHAPTER REVIEW 23
CRITICAL THINKING QUESTIONS 24
WEBSITES 25
[SEX IN REAL LIFE] Making Decisions about Sexual Activity 5
[SEXUAL DIVERSITY IN OUR WORLD] The Epic of Gilgamesh: A Mesopotamian Male‒Male Love Story? 8
[SEXUAL DIVERSITY IN OUR WORLD] Beauty, Status, and Chinese Foot Binding 11
[SEX IN REAL LIFE] The History of Vibrators 16
[SEX IN REAL LIFE] “Topfreedom” in Canada 19

Chapter 2
Understanding Human Sexuality:
Theory and Research 26

© Janell Carroll
Theories about Sexuality 28
Psychoanalytic Theory 28
Behavioural Theory 30
Social Learning Theory 30
Cognitive Theory 30
Humanistic Theory 31
Biological Theory 31
Evolutionary Theory 31
Sociological Theory 32
Anthropological Research 32
Feminist Theory 33
Queer Theory 33
Sex Research: Philosophers, Physicians, and Sexologists 34
Early Sex Research 34
Obstacles to Sex Research 35
Politics and Sex Research 35

vi Contents NEL

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Sex Researchers 36
Early Promoters of Sexology 36
Sex Research Moves to the United States 38
Recent Sex Research in the United States 42
National Health and Social Life Survey 42
National Survey of Sexual Health and Behavior 43
Sex Research in Canada 43
National Surveys 43
Canadian Sexual Health Indicators Survey 44
Sex Research Methods and Considerations 44
Case Studies 44
Interviews 45
Questionnaires and Surveys 45
Direct Observation 45
Participant Observation 45
Experimental Methods 45
Correlational Methods 46
Internet-Based Research Methods 46
Problems and Issues in Sex Research 47
Ethical Issues 47
Volunteer Bias 47
Sampling Problems 47
Reliability 47
Sex Research across Cultures 49
Sex Research in the Future: Technology, Immigration, and Human Rights 50
CHAPTER REVIEW 52
CRITICAL THINKING QUESTIONS 53
WEBSITES 53
[SEX IN REAL LIFE] The Canadian Sex Research Forum 35
[SEX IN REAL LIFE] What Questions Would They Ask? 48
[SEXUAL DIVERSITY IN OUR WORLD] Global Sex Research 50

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Chapter 3
Female Sexual Anatomy,
Development, and Health 54
The Female Sexual and Reproductive System 56
External Genitalia 56

© Shawn Pecor/Shutterstock
Internal Sex Organs 61
The Breasts 64
Prenatal Development: X and Y Make the Difference 66
Sexual Reproduction 66
Sexual Differentiation in Utero 67
Atypical Sexual Development in Females 71
Chromosomal Syndromes—Turner and Triple X 71
Hormonal Syndrome—CAH 72
The Female Maturation Cycle 73
Female Puberty 73
Menstruation 74
Menopause 79
Female Reproductive and Sexual Health 81
Gynecological Health Concerns 81
Cancer of the Female Reproductive Organs 84

CHAPTER REVIEW 88
CRITICAL THINKING QUESTIONS 88
WEBSITES 89
[SEX IN REAL LIFE] Female Genital Self-Examination 57
[SEXUAL DIVERSITY IN OUR WORLD] Female Genital Mutilation 60
[SEX IN REAL LIFE] Breast Self-Examination 85

viii Contents NEL

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Chapter 4
Male Sexual Anatomy,
Development, and Health 90

© Anthony Hatley/Alamy
Male Sexual and Reproductive System 92
External Genitalia 92
Internal Sex Organs 97
Prenatal Development: X and Y Make the Difference (Continued) 100
The SRY Gene 100
External Sex Organs 101
Variations of Sexual Development 101
Chromosomal Conditions 101
Hormonal Conditions 101
Other Types of Atypical Development in Males 103
Male Maturation Cycle 104
Male Puberty 104
Andropause 105
Male Reproductive and Sexual Health 106
Disorders of the Male Reproductive Organs 106
Anabolic-Androgenic Steroid Abuse 108
Cancers of the Male Reproductive Organs 108

CHAPTER REVIEW 110

CRITICAL THINKING QUESTIONS 111
WEBSITES 111
[SEX IN REAL LIFE] Penis Size and Male Anxiety 93
[SEXUAL DIVERSITY IN OUR WORLD] Ethnicity, Religion, and Circumcision 95
[SEX IN REAL LIFE] Sperm, Toxins, Cell Phones, and Tofu: What’s the Relationship? 97
[SEX IN REAL LIFE] Testicular Self-Examination 107

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Chapter 5

© Petit Format/Science Source

The Biology of Sex, Pregnancy,
and Childbirth 112
Studying Sexual Response 114
Hormones and Neurotransmitters 114
Masters and Johnson’s Sexual Response Cycle 114
Fertility 120
Statistics and Current Trends 120
Conception 121
Early Signs of Pregnancy 124
Pregnancy Testing 126
Sex Selection: Myth and Modern Methods 126
Infertility 128
Assisted Human Reproduction 128
A Healthy Pregnancy 132
Prenatal Period 132
Health Care during Pregnancy 134
Exercise and Nutrition 134
Drugs and Alcohol 135
Pregnancy in Women Older than 30 136
Sex during Pregnancy 137
Problems during Pregnancy 137
Ectopic Pregnancy 137
Spontaneous Abortion 138
Birth Defects 138
Rh Incompatibility 139
Toxemia 140
Childbirth 140
Preparing for Birth 140
Birthplace Choices 141
Inducing the Birth 142
Birthing Positions 142
Stages of Childbirth 142

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Problems during Birthing 144
Premature Birth 144
Breech Birth 145
Cesarean-Section Delivery 145
Stillbirth 145
Postpartum Parenthood 146
More Physical Changes for the Mother 146
Postpartum Psychological Changes 146
Sexuality for New Parents 147
Breast-Feeding the Baby 147

CHAPTER REVIEW 149

CRITICAL THINKING QUESTIONS 150
WEBSITES 151
[SEXUAL DIVERSITY IN OUR WORLD] Is It a Boy or a Girl? 127
[SEX IN REAL LIFE] “I Want to Have a Baby!” 136

Chapter 6
Contraception and Abortion 152

© Kenzie Henke
Contraception: History and Method Considerations 154
Contraception in Ancient Times 154
Contraception in Canada: 1800s and Early 1900s? 154
Contraception Outside of Canada 155
Contraception in Canada Today 156
Contraception Approval Process 156
Choosing a Method of Contraception 157
Barrier Methods 159
Male Condoms 159
Female Condoms 161
Cervical Barriers: Diaphragms and Cervical Caps 163
Contraceptive Sponge 165
Combined Hormone Methods for Women 166
Birth Control Pills 166
Hormonal Ring 170
Hormonal Patch 170

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Progestin-Only Hormone Methods for Women 172
Progestin-Only Pills 172
Subdermal Implants 172
Hormonal Injectables 173
Chemical Methods for Women 174
Intrauterine Methods for Women 175
Natural Methods for Women and Men 176
Fertility Awareness–Based Methods 176
Withdrawal 177
Abstinence 177
Permanent Contraceptive Methods 178
Female Sterilization 178
Male Sterilization 178
Emergency Contraception 180
Contraception in the Future 181
What’s Ahead for Men? 181
What’s Ahead for Women? 182
Abortion 182
The Abortion Debate 182
Historical Perspectives 183
Abortion Procedures 185
Reactions to Abortion 186
Teens and Abortion 187
Cross-Cultural Aspects of Abortion 187

CHAPTER REVIEW 188

CRITICAL THINKING QUESTIONS 189
WEBSITES 189
[SEXUAL DIVERSITY IN OUR WORLD] Herbal Lore and Contraception 155
[SEX IN REAL LIFE] Nonoxynol-9: Harmful or Helpful? 160
[SEX IN REAL LIFE] Drugs and Herbs That Interact with Oral Contraceptives 168

xii Contents NEL

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Chapter 7

© Collection CNRI/Phototake
Sexually Transmitted Infections
and HIV/AIDS 190
Sexually Transmitted Infections 192
A History of STIs in Canada 192
Safer Sex and Sexually Transmitted Infections 193
Age, Race, Gender, Sexual Orientation, and Sexually Transmitted Infections 194
Birth Control, Pregnancy, and Sexually Transmitted Infections 195
Ectoparasitic Infections: Pubic Lice and Scabies 196
Pubic Lice 196
Scabies 197
Bacterial Infections: Gonorrhea, Syphilis, Chlamydia, and Others 197
Gonorrhea 197
Syphilis 199
Chlamydia 200
Vaginal Infections 201
Pelvic Inflammatory Disease 202
Viral Infections: Herpes, Human Papillomavirus, and Hepatitis 202
Herpes 202
Human Papillomavirus 204
Viral Hepatitis 206
HIV and AIDS 207
Incidence in Canada 208
Knowledge of AIDS and Sexual Behaviour 209
Symptoms 209
Diagnosis 210
Treatment 210
Prevention of HIV/AIDS 210
Global Aspects of AIDS 211
Asia and the Pacific 212
Eastern Europe and Central Asia 213
Sub-Saharan Africa 213
The Caribbean 214
Central and South America 214

NEL Contents xiii

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 The Middle East and Northern Africa 215
HIV/AIDS Education and Popular Culture 215
Safer Sexual Behaviour 215

CHAPTER REVIEW 216

CRITICAL THINKING QUESTIONS 217
WEBSITES 217
[SEX IN REAL LIFE] HIV Risk Levels of Sexual Behaviours 194
[SEXUAL DIVERSITY IN OUR WORLD] The Hassle Free Clinic, Toronto 199
[SEX IN REAL LIFE] Microbicides: New Barriers against HIV 211
[SEXUAL DIVERSITY IN OUR WORLD] Thailand: “No Condoms, No Sex”! 212
[SEXUAL DIVERSITY IN OUR WORLD] AIDS Orphans in Africa 214

© Monkey Business Images/Shutterstock

Chapter
Gender Development, Gender
Roles, and Gender Identity 218
Sexual Differentiation in the Womb 220
Gender Roles and Gender Traits 222
Masculinity and Femininity 222
Are Gender Roles Innate? 223
Gender Role Theory 225
Evolutionary Theory: Adapting to Our Environment 225
Social Learning Theory: Learning from Our Environment 225
Cognitive Development Theory: Age-Stage Learning 226
Gender Schema Theory: Our Cultural Maps 226
Varieties of Gender 227
Masculinity: The Hunter 227
Femininity: The Nurturer 228
Androgyny: Feminine and Masculine 228
The Gender Spectrum 229
Transsexualism and Sex Reassignment Surgery 230
Gender Diversity in Other Cultures 232

xiv Contents NEL

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Gender Role Socialization Throughout the Lifespan 234
Childhood: Learning by Playing 234
Adolescence: Practice Being Female or Male 234
Adulthood: Careers and Families 235
The Senior Years 235
Toward Gender Equality 235

CHAPTER REVIEW 236

CRITICAL THINKING QUESTIONS 237
WEBSITES 237
[SEX IN REAL LIFE] A Case of a Boy Being Raised as a Girl 221
[SEX IN REAL LIFE] The Fear of Men? 223
[SEXUAL DIVERSITY IN OUR WORLD] Transsexuality in Iran 229
[SEXUAL DIVERSITY IN OUR WORLD] Twelve-Year-Old Transgender Boy Gets New Birth Certificate 232
[SEX IN REAL LIFE] ICEIS Rain 233

Chapter 9
Sexual Orientation 238

© Angela Maria Photography

Definitions of Sexual Orientation? 240
Models of Sexual Orientation 240
Measuring Sexual Orientation: How Prevalent? 241
Why Are There Different Sexual Orientations? 243
Biological Theories 243
Developmental Theories 245
Behaviourist Theories 247
Sociological Theories 247
Homosexuality in Western History 248
The Classical Era 248
The Middle Ages 249
Early Modern Europe 249
The Victorian Era 249
The 20th Century 249
Homosexuality in Other Cultures 251
The United States 251
Latin America 251

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 The Middle East and North Africa 251
Asian and the Pacific 252
Africa 252
Gay and Lesbian Globalization 253
Gays, Lesbians, and Bisexuals throughout the Life Cycle 253
Growing Up Gay, Lesbian, or Bisexual 253
Coming Out to Self and Others 254
Effects of Stigma 256
Life Issues: Partnering, Parenthood, and Aging 256
Gay, Lesbian, and Bisexual Organizations 258
Homophobia, Heterosexism, and Hate Crimes 259
What Is Homophobia? 259
Hate Crimes Against Gay, Lesbian, and Bisexual Individuals 260
How Can One Combat Homophobia and Heterosexism? 260
Lesbianism and Bisexuality 262
Gays and Lesbians of Colour 263
Homosexuality in Religion and the Law 264
CHAPTER REVIEW 265
CRITICAL THINKING QUESTIONS 266
WEBSITES 266
[SEXUAL DIVERSITY IN OUR WORLD] Kathleen Wynne—25th Premier of Ontario 250
[SEX IN REAL LIFE] A Model of Coming Out 255
[SEX IN REAL LIFE] John Damien—Wrongfully Dismissed 258
[SEXUAL DIVERSITY IN OUR WORLD] Gay-Themed Canadian Films 261

Chapter 10
© Pressmaster/Shutterstock

Childhood and
Adolescent Sexuality 268
Studying Childhood and Adolescent Sexuality 270
Beginnings: Birth to Age Two 271
Physical Development 271
Psychosexual Development: Bonding and Gender 271

xvi Contents NEL

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Early Childhood: Ages Two to Five 272
Physical Development: Mastering the Basics 272
Psychosexual Development: What It Means to Be a Girl or a Boy 272
Sexual Behaviour: Curiosity and Responsibility 272
Sexual Knowledge and Attitudes 272
Middle Childhood to Preteen: Ages 6 to 12 273
Physical Development: Preadolescence and Puberty 273
Psychosexual Development: Becoming More Private 274
Sexual Behaviour: Learning about Sex and Sexuality 274
Sexuality and Relationships: What We Learn 275
Adolescence: Ages 12 to 18 277
Physical Development: Big Changes 277
Psychosexual Development: Emotional Self-Awareness 278
Sexual Behaviour: Experimentation and Abstinence 279
Influences: Peers, Family, and Religion 282
Contraception, Pregnancy and Abortion: Complex Issues 283
Sexually Transmitted Infections: Education and Prevention 285
What Children Need to Know: Sexual Health Education 286
Why Sexual Health Education Is Important 286
History of Sexual Education in Canada 286
Sexual Health Education Today 287
Effects and Results of Sexuality Education Programs 287
Sexual Health Education Today: What Is Still Needed 290

CHAPTER REVIEW 292

CRITICAL THINKING QUESTIONS 293
WEBSITES 293
[SEX IN REAL LIFE] Parents and Anxiety: Where Does It Come From? What Can You Do? 276
[SEX IN REAL LIFE] What Do Children Want to Know and What Are They Ready For? 289
[SEXUAL DIVERSITY IN OUR WORLD] Sexuality Education around the World 291

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Chapter 11
Communication and Sexuality 294
The Importance of Communication 296

© Mary Kate Denny/PhotoEdit

Learning to Communicate 297
Goals of Communication 298
Families and Communication 298
Communication Differences and Similarities 298
Communication and Gender 298
Communication and Culture 301
Communication and Sexual Orientation 302
Communication and Language 302
Types of Communication 303
Non-verbal Communication 303
Computer-Mediated Communication 304
Sexual Communication 306
Important Components in Sexual Communication 306
Obstacles to Sexual Communication 309
Listening, Expressing Criticism, and Non-constructive Communication 310
The Importance of Listening 310
Becoming a More Effective Listener 310
Message Interpretation 310
Negative Feelings and Criticism 310
Non-constructive Communication: “Don’t Yell at Me”! 311
Fighting 311
CHAPTER REVIEW 312
CRITICAL THINKING QUESTIONS 313
WEBSITES 313
[SEXUAL DIVERSITY IN OUR WORLD] Recipes for Good Same-Sex Marriages: The Importance
of Communication 297
[SEX IN REAL LIFE] Language Desire—The Je Ne Sais Quoi of Language 303
[SEX IN REAL LIFE] Social Networks 306

xviii Contents NEL

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Chapter 12
Love and Intimacy 314

© Yagi Studio/Getty
What Is Love? 316
Love in Other Times and Places 316
Forms and Measures of Love 317
Romantic versus Companionate Love 317
The Colours of Love: John Alan Lee 318
Love Triangles: Robert Sternberg 319
Can We Measure Love? 320
Origins of Love 321
Behavioural Reinforcement Theories 321
Cognitive Theories 322
Evolutionary Theory 322
Physiological Arousal Theory 322
Other Biological Factors 323
Love from Childhood to Maturity 323
Childhood 323
Adolescence 324
Adult Love and Intimacy 325
Attraction 326
Attraction and Gender Inequity 327
Intimate Relationships 327
Long-Term Love and Commitment 331
Loss of Love 331
Love, Sex, and How We Build Intimate Relationships 332
Enhancing Intimacy Skills 332
The Dark Side of Love 332

CHAPTER REVIEW 334

CRITICAL THINKING QUESTIONS 335
WEBSITES 335
[SEX IN REAL LIFE] Ten Love Songs by Canadian Aboriginal Music Artists 318
[SEX IN REAL LIFE] In the Men’s Locker Room 328
[SEXUAL DIVERSITY IN OUR WORLD] “Come Live with Me and Be My Love” 330
[SEX IN REAL LIFE] Love—It’s All in the Head 330

NEL Contents xix

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Chapter 13
Adult Sexual Relationships 336

© Beau Lark/Corbis
Dating 338
Interracial and Intercultural Dating 339
Non-marital Sexual Activity 340
Breaking Up 340
Cohabitation 341
Marriage 342
Statistics and Current Trends in Marriage 342
Common-Law Unions 342
Endogamous and Exogamous Marriages 343
Marriage in Later Life 344
Marital Satisfaction 344
Sex within Marriage 345
Sex Outside of Marriage 345
Same-Sex Relationships 347
Differences between Same-Sex and Other-Sex Relationships 348
Sexuality in Same-Sex Relationships 348
Same-Sex Marriage in Canada 348
Same-Sex Marriage in the United States 349
Arranged Marriages in Canada 350
Forced Marriages 350
Polygamous Marriages in Canada 351
Types of Polygamy 351
Polygamy in Canada 352
Consanguineous Marriages 352
International Incidence 352
Aboriginal Kinship Systems 353
Consanguineous Marriage in Canada 353
Parenthood—Same-Sex and Other-Sex Couples 354
Parenting and Relationship Satisfaction 354
Divorce 355
Statistics and Current Trends 355
Reasons for Divorce 356

xx Contents NEL

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 Adjusting to Divorce 357

CHAPTER REVIEW 357

CRITICAL THINKING QUESTIONS 358
WEBSITES 359
[SEXUAL DIVERSITY IN OUR WORLD] The “Half-Age-Plus-Seven” Rule 339
[SEXUAL DIVERSITY IN OUR WORLD] Virginity—A Troublesome Concept 341
[SEX IN REAL LIFE] Living Apart Together 343
[SEX IN REAL LIFE] What Is Polyamory? 347
[SEXUAL DIVERSITY IN OUR WORLD] Changing Inuit Marriages 353
[SEX IN REAL LIFE] The Seven-Year Itch 356

Chapter 14

© Leslie Sponseller/Getty Images

Variations of Sexual Expression 360
Sex and the Single Canadian College Student 362
Celibacy, Abstinence, and Asexuality 363
Celibacy 363
Abstinence 364
Asexuality 364
Sexual Fantasies 365
The Nature of Sexual Fantasies 365
A History of Attitudes toward Sexual Fantasies 366
Gender and Sexual Fantasies 367
Solitary Sexual Activity—Masturbation 368
A History of Masturbation 368
Frequency of Masturbation 369
Attitudes toward Masturbation 369
Sex Toys and Masturbation 369
Disembodied Sexual Activity—Cybersex 370
Teledildonics and Bluedildonics 371
Sex with Dolls and Robots 371
Partnered Sexual Activity 372
Foreplay 372
Manual Sex and Mutual Masturbation 373

NEL Contents xxi

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 Oral Sex 373
Vaginal Intercourse 376
Anal Intercourse 378
Unconventional Sexual Behaviour 379
Fetishistic Sexual Activity 379
BDSM 382
Safer Sexual Behaviours 383
CHAPTER REVIEW 385
CRITICAL THINKING QUESTIONS 386
WEBSITES 386
[SEXUAL DIVERSITY IN OUR WORLD] Do Couples Break Up over Sexual Incompatibilities? 375
[SEXUAL DIVERSITY IN OUR WORLD] The Fursonas of Furries 381
[SEX IN REAL LIFE] The Divine Marquis and Leopold von Sacher-Masoch 382
[SEX IN REAL LIFE] Safer Sex Guidelines 384

Chapter 15
Challenges to Sexual
Functioning 388
Challenges to Sexual Functioning 390
© Roy McMahon/Corbis
Psychological Challenges to Sexual Functioning 390
Physiological Challenges to Sexual Functioning 391
Evaluating Sexual Problems 391
Treating Sexual Problems 391
Problems with Sexual Desire 392
Female Sexual Interest/Arousal Disorder 392
Male Hypoactive Sexual Desire Disorder 392
Problems with Sexual Arousal 395
Erectile Disorder 396
Other Problems with Sexual Arousal 399
Problems with Orgasm 399
Female Orgasmic Disorder 399
Ejaculatory Disorders 401
Treating Ejaculatory Disorders 402
xxii Contents NEL

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Problems with Sexual Pain 404
Genito-Pelvic Pain/Penetration Disorders 404
Treating Genito-Pelvic Pain/Penetration Disorders 405
Substance/Medication-Induced Sexual Dysfunction 405
Alcoholism 406
Opioids 406
Stimulants 406
Antipsychotic Medications 406
Aging, Illness, Disability, and Sexual Functioning 407
Cardiovascular Illnesses 408
Cancer 409
Diabetes 411
Arthritis 411
Multiple Sclerosis 412
Spinal Cord Injuries 412
Mental Illness 412
Other Conditions 413
Getting Help 413
CHAPTER REVIEW 414
CRITICAL THINKING QUESTIONS 415
WEBSITES 415
[SEX IN REAL LIFE] What Is an Aphrodisiac? 394
[SEXUAL DIVERSITY IN OUR WORLD] Treating Sexual Problems in Other Cultures 395
[SEX IN REAL LIFE] Optimize Your Health for Sexual Function 408

Chapter 16
Harmful and Antisocial
© Rainer Elstermann/Corbis

Sexual Expression 416

What Is “Abnormal” Sexual Expression? 418
Judging Sexual Behaviour 419
Paraphilic Disorders 421
Theories about Paraphilic Disorders 421

NEL Contents xxiii

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Types of Paraphilic Disorders 425
Courtship Paraphilic Disorders 425
Algolagnic Paraphilic Disorders 428
Paraphilic Disorders Involving Anomalous Target Preferences 428
Other Specified Paraphilic Disorders 430
Sexual Addiction 432
Assessment and Treatment of Sex Offenders 434
Sex Scandals 436
Types of Sex Scandals 436
The Catholic Church and Child Abuse Scandals 437
Canadian Sex Scandals 438

CHAPTER REVIEW 439

CRITICAL THINKING QUESTIONS 440
WEBSITES 441
[SEX IN REAL LIFE] Sex Offender Information Registration Act 420
[SEX IN REAL LIFE] Streaking, Mooning, and Marching! 427
[SEXUAL DIVERSITY IN OUR WORLD] The Dutch Pedophilia Party 429
[SEXUAL DIVERSITY IN OUR WORLD] The Feederism Community 431

Chapter 17

© Mel Curtis/Getty Images

Power and Sexual Coercion 442
Defining Sexual Offences and Sexual Assault 444
Sexual Assault Statistics 445
Characteristics of Sexual Assault Perpetrators 446
Theories about Sexual Assault 447
Sexual Assault Attitudes and Cultural Variations 449
Gender Differences in Attitudes about Sexual Assault 449
Ethnic Differences in Attitudes about Sexual Assault 449
Sexual Assault in Different Cultures 450
Rape and Sexual Assault on Campus 452
Sexual Assault Education on Campus 453
Alcohol and Sexual Assault 453
Athletes and Sexual Assault 453
xxiv Contents NEL

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Effects of Sexual Assault 454
Rape Trauma Syndrome 454
Silent Sexual Assault (Rape) Reaction 456
Sexual Assault of Partners and Other Special Populations 456
How Partners React to Sexual Assault 457
When Men Are Sexual Assault Victims 457
Sexual Assault of Men by Women 458
Sexual Assault of Men by Men 458
Coping with Sexual Assault, Reporting Sexual Assault, and Treating Offenders 459
Coping with Sexual Assault 459
Reporting a Sexual Assault 459
Treating Those Who Commit Sexual Assault 461
Sexual Abuse of Children 461
Incidence of Child Sexual Abuse 462
Victims of Child Sexual Abuse 462
How Children Are Affected 463
Characteristics of Child Sexual Abusers 464
Treating Child Sexual Abuse 466
Preventing Child Sexual Abuse 466
Intimate Partner Violence 467
Defining Intimate Partner Violence 467
Reactions to Intimate Partner Violence 468
Preventing Intimate Partner Violence 468
Sexual Harassment 469
Incidence and Reporting of Sexual Harassment 469
Preventing Sexual Harassment 470
CHAPTER REVIEW 471
CRITICAL THINKING QUESTIONS 472
WEBSITES 473
[SEX IN REAL LIFE] Date-Rape Drugs 447
[SEXUAL DIVERSITY IN OUR WORLD] Sexual Entitlement and the Rape of Women and Children
in South Africa 450
[SEX IN REAL LIFE] Mount Cashel Orphanage 463
[SEX IN REAL LIFE] Confronting the Incest Offender 465
[SEX IN REAL LIFE] Domestic Violence in Lesbian Relationships 468

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Chapter 18

© Frédéric Neema/Sygma/Corbis
Sexual Imagery and Selling Sex 474
Erotic Imagery in History 476
Prehistoric Times 476
Ancient Egypt, Greece, and Rome 476
The Middle Ages and the Renaissance 477
Colonialism and Orientalism 478
The Victorian Era 478
Sexuality in the Media 480
Classic Erotic Literature 480
The Golden Age of Pulp Fiction 481
Men’s Magazines 482
Sex in Films 483
Sexuality and Television 485
Pornography and Censorship 487
Pornography and Censorship in Canada 488
Pornography and Censorship in the United States 489
Child Pornography 489
The Politics of Porn 489
Prostitution and Other Sex Work 491
Prostitution in Canadian History 491
Social Theory and Sex Work 492
Sex Workers and Their Clients 493
Community, National, and International Organizing by Prostitutes 497
Prostitution and Social Policy in Canada—Bill C-36 497

CHAPTER REVIEW 498

CRITICAL THINKING QUESTIONS 499
WEBSITES 499
[SEX IN REAL LIFE] The Castrated Lion of Parliament Hill, Ottawa 478
[SEXUAL DIVERSITY IN OUR WORLD] A Canadian Enterprise—Harlequin Romances! 482
[SEXUAL DIVERSITY IN OUR WORLD] Degrassi—Thirty Years of Teenage Canadian Melodrama 487
[SEX IN REAL LIFE] The Good for Her Feminist Porn Awards, Toronto, Ontario 488
[SEX IN REAL LIFE] Danny Cockerline 494
[SEX IN REAL LIFE] The Bad Trick List, Montreal, Quebec, Summer 1991 496

xxvi Contents NEL

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APPENDIX Human Sexuality Timelines 501
Human Sexuality: Past and Present 502
A History of Sex on Television 504
Important Developments in the History of Sex Research 506
The History of Contraception 508
The History of Assisted Human Reproduction 510
Canadian Gay and Lesbian History 512
Same-Sex Unions around the Globe 514

References 515
Name Index 588
Subject Index 606

NEL Contents xxvii

Copyright 2017 Nelson Education Ltd. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-300
Another random document with
no related content on Scribd:
 [90]
Ratifications of the Constitution.

Of the thirteen States which originally composed the Union under

the Confederation, eleven ratified the Constitution prior to the 4th of
March, 1789, the time fixed by the resolution of September 13, 1788,
for commencing proceedings under it, viz:

Delaware, December 7, 1787.

Pennsylvania, December 12, 1787.
New Jersey, December 18, 1787.
Georgia, January 2, 1788.
Connecticut, January 9, 1788.
Massachusetts, February 6, 1788.
Maryland, April 28, 1788.
South Carolina, May 23, 1788.
New Hampshire, June 21, 1788.
Virginia, June 26, 1788.
New York, July 26, 1788.

Of the other two States, North Carolina ratified the Constitution on

the 21st of November, 1789; of which, information was
communicated to Congress by the President, in a message dated
January 28, 1790.
Rhode Island ratified it on the 29th of May, 1790; of which, also,
information was communicated to Congress by the President, in a
message dated June 1, 1790.
The State of Vermont, by convention, ratified the Constitution on
the 10th of January, 1791, and was, by an act of Congress of the 18th
of February, 1791, “received and admitted into this Union as a new
and entire member of the United States of America.”
 Ratifications of the Amendments to the
Constitution.

From W. J. McDonald’s “Constitution, Rules and Manual.”

The first ten of the preceding articles of amendment, (with two
others which were not ratified by the requisite number of States,)
were submitted to the several State Legislatures by a resolution of
Congress which passed on the 25th of September, 1789, at the first
session of the First Congress, and were ratified by the Legislatures of
the following States:

New Jersey, November 20, 1789.

Maryland, December 19, 1789.
North Carolina, December 22, 1789.
South Carolina, January 19, 1790.
New Hampshire, January 25, 1790.
Delaware, January 28, 1790.
Pennsylvania, March 10, 1790.
New York, March 27, 1790.
Rhode Island, June 15, 1790.
Vermont, November 3, 1791.
Virginia, December 15, 1791.

The acts of the Legislatures of the States ratifying these

amendments were transmitted by the governors to the President,
and by him communicated to Congress. The Legislatures of
Massachusetts, Connecticut, and Georgia, do not appear by the
record to have ratified them.
The 11th article was submitted to the Legislatures of the several
States by a resolution of Congress passed on the 5th of March, 1794,
at the first session of the Third Congress; and on the 8th of January,
1798, at the second session of the Fifth Congress, it was declared by
the President, in a message to the two Houses of Congress, to have
been adopted by the Legislatures of three-fourths of the States, there
being at that time sixteen States in the Union.
The twelfth article was submitted to the Legislatures of the several
States, there being then seventeen States, by a resolution of Congress
passed on the 12th of December, 1803, at the first session of the
Eighth Congress; and was ratified by the Legislatures of three-
fourths of the States, in 1804, according to a proclamation of the
Secretary of State dated the 25th of September, 1804.
The thirteenth article was submitted to the Legislatures of the
several States, there being then thirty-six States, by a resolution of
Congress passed on the 1st of February, 1865, at the second session
of the Thirty-eighth Congress, and was ratified, according to a
proclamation of the Secretary of State dated December 18, 1865, by
the Legislatures of the following States:

Illinois, February 1, 1865.

Rhode Island, February 2, 1865.
Michigan, February 2, 1865.
Maryland, February 3, 1865.
New York, February 3, 1865.
West Virginia, February 3, 1865.
Massachusetts, February 3, 1865.
Pennsylvania, February 3, 1865.
Maine, February 7, 1865.
Kansas, February 8, 1865.
Ohio, February 8, 1865.
Minnesota, February 7, 1865.
Virginia, February 9, 1865.
Indiana, February 13, 1865.
Nevada, February 16, 1865.
Louisiana, February 17, 1865.
Wisconsin, February 21, 1865.
Missouri, February 24, 1865.
Tennessee, March 4, 1865.
Vermont, March 9, 1865.
Arkansas, April 14, 1865.
Connecticut, May 4, 1865.
New Hampshire, June 30, 1865.
South Carolina, November 13, 1865.
North Carolina, December 1, 1865.
Alabama, December 2, 1865.
Georgia, December 6, 1865.

The following States not enumerated in the proclamation of the

Secretary of State, also ratified this amendment:

Oregon, December 11, 1865.

California, December 20, 1865.
Florida, June 9, 1868.

The States of Delaware, New Jersey, and Kentucky rejected the

amendment.
The fourteenth article was submitted to the Legislatures of the
different States, there being then thirty-seven States, by a resolution
of Congress passed on the 16th of June, 1866, at the first session of
the Thirty-ninth Congress; and was ratified, according to a
proclamation of the Secretary of State, dated July 28, 1868, by the
Legislatures of the following States:

Connecticut, June 30, 1866.

New Hampshire, July 7, 1866.
Tennessee, July 19, 1866.[91]
New Jersey, September 11, 1866.[92]
Oregon, September 19, 1866.
Vermont, November 9, 1866.
New York, January 10, 1867.[93]
Ohio, January 11, 1867.
Illinois, January 15, 1867.
West Virginia, January 16, 1867.
Kansas, January 18, 1867.
Maine, January 19, 1867.
Nevada, January 22, 1867.
Missouri, January 26, 1867.
Indiana, January 29, 1867.
Minnesota, February 1, 1867.
Rhode Island, February 7, 1867.
Wisconsin, February 13, 1867.
Pennsylvania, February 13, 1867.
Michigan, February 15, 1867.
Massachusetts, March 20, 1867.
Nebraska, June 15, 1867.

Iowa, April 3, 1868.

Arkansas, April 6, 1868.
Florida, June 9, 1868.
[94]
North Carolina, July 4, 1868.
Louisiana, July 9, 1868.
[94]
South Carolina, July 9, 1868.
Alabama, July 13, 1868.
[94]
Georgia, July 21, 1868.
 [94]
The State of Virginia ratified this amendment on the 8th of
October, 1869, subsequent to the date of the proclamation of the
Secretary of State.
The States of Delaware, Maryland, Kentucky, and Texas rejected
the amendment.
The fifteenth article was submitted to the Legislatures of the
several States, there being then thirty-seven States, by a resolution of
Congress passed on the 27th of February, 1869, at the first session of
the Forty-first Congress; and was ratified, according to a
proclamation of the Secretary of State dated March 30, 1870, by the
Legislatures of the following States:

Nevada, March 1, 1869.

West Virginia, March 3, 1869.
North Carolina, March 5, 1869.
Louisiana, March 5, 1869.
Illinois, March 5, 1869.
Michigan, March 8, 1869.
Wisconsin, March 9, 1869.
Massachusetts, March 12, 1869.
Maine, March 12, 1869.
South Carolina, March 16, 1869.
Pennsylvania, March 26, 1869.
Arkansas, March 30, 1869.[95]
New York, April 14, 1869.
Indiana, May 14, 1869.
Connecticut, May 19, 1869.
Florida, June 15, 1869.
New Hampshire, July 7, 1869.
Virginia, October 8, 1869.
Vermont, October 21, 1869.
Alabama, November 24, 1869.
Missouri, January 10, 1870.
Mississippi, January 17, 1870.
Rhode Island, January 18, 1870.
Kansas, January 19, 1870.[96]
Ohio, January 27, 1870.
Georgia, February 2, 1870.
Iowa, February 3, 1870.
Nebraska, February 17, 1870.
Texas, February 18, 1870.
Minnesota, February 19, 1870.
[97]
The State of New Jersey ratified this amendment on the 21st of
February, 1871, subsequent to the date of the proclamation of the
Secretary of State.
The States of California, Delaware, Kentucky, Maryland, Oregon,
and Tennessee rejected this amendment.
 JEFFERSON’S MANUAL OF
PARLIAMENTARY PRACTICE.
 Importance of Rules.

SEC. I.—IMPORTANCE OF ADHERING TO RULES.

Mr. Onslow, the ablest among the Speakers of the House of

Commons, used to say, “It was a maxim he had often heard when he
was a young man, from old and experienced members, that nothing
tended more to throw power into the hands of administration, and
those who acted with the majority of the House of Commons, than a
neglect of, or departure from, the rules of proceeding; that these
forms, as instituted by our ancestors, operated as a check and control
on the actions of the majority, and that they were, in many instances,
a shelter and protection to the minority, against the attempts of
power.” So far the maxim is certainly true, and is founded in good
sense, that as it is always in the power of the majority, by their
numbers, to stop any improper measures proposed on the part of
their opponents, the only weapons by which the minority can defend
themselves against similar attempts from those in power, are the
forms and rules of proceeding which have been adopted as they were
found necessary, from time to time, and are become the law of the
House; by a strict adherence to which, the weaker party can only be
protected from those irregularities and abuses which these forms
were intended to check, and which the wantonness of power is but
too often apt to suggest to large and successful majorities. 2 Hats.,
171, 172.
And whether these forms be in all cases the most rational or not, is
really not of so great importance. It is much more material that there
should be a rule to go by, than what that rule is; that there may be a
uniformity of proceedings in business, not subject to the caprice of
the Speaker, or captiousness of the members. It is very material that
order, decency, and regularity be preserved in a dignified public
body. 2 Hats., 149.
 SEC. II.—LEGISLATURE.

[All legislative powers herein granted shall be vested in a Congress

of the United States, which shall consist of a Senate and House of
Representatives. Constitution of the United States, Art. 1, Sec. 1.]
[The Senators and Representatives shall receive a compensation
for their services, to be ascertained by law, and paid out of the
Treasury of the United States. Constitution of the United States, Art.
1, Sec. 6.]
[For the powers of Congress, see the following Articles and
Sections of the Constitution of the United States: I, 4, 7, 8, 9. II, 1, 2.
III, 3. IV, 1, 3, 5,, and all the amendments.]

SEC. III.—PRIVILEGE.

The privileges of members of Parliament, from small and obscure

beginnings, have been advancing for centuries with a firm and never-
yielding pace. Claims seem to have been brought forward from time
to time, and repeated, till some example of their admission enabled
them to build law on that example. We can only, therefore, state the
points of progression at which they now are. It is now acknowledged,
1st. That they are at all times exempted from question elsewhere, for
anything said in their own House; that during the time of privilege,
2d. Neither a member himself, his wife, nor his servants, (familiares
sui,) for any matter of their own, may be arrested on mesne process,
in any civil suit: 3d. Nor be detained under execution, though levied
before time of privilege: 4th. Nor impleaded, cited, or subpœnaed in
any court: 5th. Nor summoned as a witness or juror: 6th. Nor may
their lands or goods be distrained: 7th. Nor their persons assaulted,
or characters traduced. And the period of time covered by privilege,
before and after the session, with the practice of short prorogations
under the connivance of the Crown, amounts in fact to a perpetual
protection against the course of justice. In one instance, indeed, it
has been relaxed by the 10 G. 3, C. 50, which permits judiciary
proceedings to go on against them. That these privileges must be
continually progressive, seems to result from their rejecting all
definition of them; the doctrine being, that “their dignity and
independence are preserved by keeping their privileges indefinite;
and that ‘the maxim upon which they proceed, together with the
method of proceeding, rest entirely in their own breast, and are not
defined and ascertained by any particular stated laws.’” 1 Blackst.,
163, 164.
[It was probably from this view of the encroaching character of
privilege that the framers of our Constitution, in their care to provide
that the laws shall bind equally on all, and especially that those who
make them shall not exempt themselves from their operation, have
only privileged “Senators and Representatives” themselves from the
single act of “arrest in all cases except treason, felony, and breach of
the peace, during their attendance at the session of their respective
Houses, and in going to and returning from the same, and from
being questioned in any other place for any speech or debate in
either House.” Const. U. S., Art. 1, Sec. 6. Under the general
authority “to make all laws necessary and proper for carrying into
execution the powers given them,” Const. U. S., Art. 2, Sec. 8, they
may provide by law the details which may be necessary for giving full
effect to the enjoyment of this privilege. No such law being as yet
made, it seems to stand at present on the following ground: 1. The
act of arrest is void, ab initio. 2. The member arrested may be
discharged on motion, 1 Bl., 166; 2 Stra., 990; or by habeas corpus
under the Federal or State authority, as the case may be; or by a writ
of privilege out of the chancery, 2 Stra., 989, in those States which
have adopted that part of the laws of England. Orders of the House
of Commons, 1550, February 20. 3. The arrest being unlawful, is a
trespass for which the officer and others concerned are liable to
action or indictment in the ordinary courts of justice, as in other
cases of unauthorized arrest. 4. The court before which the process is
returnable is bound to act as in other cases of unauthorized
proceeding, and liable, also, as in other similar cases, to have their
proceedings stayed or corrected by the superior courts.]
[The time necessary for going to, and returning from, Congress,
not being defined, it will, of course, be judged of in every particular
case by those who will have to decide the case.] While privilege was
understood in England to extend, as it does here, only to exemption
from arrest, eundo, morando, et redeundo, the House of Commons
themselves decided that “a convenient time was to be understood.”
(1580,) 1 Hats., 99, 100. Nor is the law so strict in point of time as to
require the party to set out immediately on his return, but allows him
time to settle his private affairs, and to prepare for his journey; and
does not even scan his road very nicely, nor forfeit his protection for
a little deviation from that which is most direct; some necessity
perhaps constraining him to it. 2 Stra., 986, 987.
This privilege from arrest, privileges, of course, against all process
the disobedience to which is punishable by an attachment of the
person; as a subpœna ad respondendum, or testificandum, or a
summons on a jury; and with reason, because a member has superior
duties to perform in another place. [When a representative is
withdrawn from his seat by summons, the 40,000 people whom he
represents lose their voice in debate and vote, as they do on his
voluntary absence; when a Senator is withdrawn by summons, his
State loses half its voice in debate and vote, as it does on his
voluntary absence. The enormous disparity of evil admits no
comparison.]
[So far there will probably be no difference of opinion as to the
privileges of the two Houses of Congress; but in the following cases it
is otherwise. In December, 1795, the House of Representatives
committed two persons of the name of Randall and Whitney, for
attempting to corrupt the integrity of certain members, which they
considered as a contempt and breach of the privileges of the House;
and the facts being proved, Whitney was detained in confinement a
fortnight, and Randall three weeks, and was reprimanded by the
Speaker. In March, 1796, the House of Representatives voted a
challenge given to a member of their House to be a breach of the
privileges of the House; but satisfactory apologies and
acknowledgments being made, no further proceeding was had. The
editor of the Aurora having, in his paper of February 19, 1800,
inserted some paragraphs defamatory of the Senate, and failed in his
appearance, he was ordered to be committed.
In debating the legality of this order, it was insisted, in support of
it, that every man, by the law of nature, and every body of men,
possesses the right of self-defense; that all public functionaries are
essentially invested with the powers of self-preservation; that they
have an inherent right to do all acts necessary to keep themselves in
a condition to discharge the trusts confided to them; that whenever
authorities are given, the means of carrying them into execution are
given by necessary implication; that thus we see the British
Parliament exercise the right of punishing contempts; all the State
Legislatures exercise the same power, and every court does the same;
that, if we have it not, we sit at the mercy of every intruder who may
enter our doors or gallery, and, by noise and tumult, render
proceeding in business impracticable; that if our tranquillity is to be
perpetually disturbed by newspaper defamation, it will not be
possible to exercise our functions with the requisite coolness and
deliberation; and that we must therefore have a power to punish
these disturbers of our peace and proceedings. To this it was
answered, that the Parliament and courts of England have
cognizance of contempts by the express provisions of their law; that
the State Legislatures have equal authority, because their powers are
plenary; they represent their constituents completely, and possess all
their powers, except such as their constitutions have expressly
denied them; that the courts of the several States have the same
powers by the laws of their States, and those of the Federal
Government by the same State laws adopted in each State, by a law
of Congress; that none of these bodies, therefore, derive those
powers from natural or necessary right, but from express law; that
Congress have no such natural or necessary power, nor any powers
but such as are given them by the Constitution; that that has given
them, directly, exemption from personal arrest, exemption from
question elsewhere for what is said in their House, and power over
their own members and proceedings; for these no further law is
necessary, the Constitution being the law; that, moreover, by that
article of the Constitution which authorizes them “to make all laws
necessary and proper for carrying into execution the powers vested
by Constitution in them,” they may provide by law for an
undisturbed exercise of their functions, e. g., for the punishment of
contempts, of affrays or tumult in their presence, &c.; but, till the law
be made, it does not exist; and does not exist, from their own neglect;
that, in the mean time, however, they are not unprotected, the
ordinary magistrates and courts of law being open and competent to
punish all unjustifiable disturbances or defamations, and even their
own sergeant, who may appoint deputies ad libitum to aid him, 3
Grey, 59, 147, 255, is equal to small disturbances; that in requiring a
previous law, the Constitution had regard to the inviolability of the
citizen, as well as of the member; as, should one House, in the form
of a bill, aim at too broad privileges, it may be checked by the other,
and both by the President; and also as, the law being promulgated,
the citizen will know how to avoid offense. But if one branch may
assume its own privileges without control, if it may do it on the spur
of the occasion, conceal the law in its own breast, and, after the fact
committed, make its sentence both the law and the judgment on that
fact; if the offense is to be kept undefined, and to be declared only ex
re nata, and according to the passions of the moment, and there be
no limitation either in the manner or measure of the punishment, the
condition of the citizen will be perilous indeed. Which of these
doctrines is to prevail, time will decide. Where there is no fixed law,
the judgment on any particular case is the law of that single case
only, and dies with it. When a new and even a similar case arises, the
judgment which is to make and at the same time apply the law, is
open to question and consideration, as are all new laws. Perhaps
Congress, in the mean time, in their care for the safety of the citizen,
as well as that for their own protection, may declare by law what is
necessary and proper to enable them to carry into execution the
powers vested in them, and thereby hang up a rule for the inspection
of all, which may direct the conduct of the citizen, and at the same
time test the judgments they shall themselves pronounce in their
own case.]
Privilege from arrest takes place by force of the election; and
before a return be made a member elected may be named of a
committee, and is to every extent a member except that he cannot
vote until he is sworn. Memor., 107, 108. D’Ewes, 643, col. 2; 643,
col. 1. Pet. Miscel. Parl., 119. Lex. Parl., c. 23. 2 Hats., 22, 62.
Every man must, at his peril, take notice who are members of
either House returned of record. Lex. Parl., 23; 4 Inst., 24.
On complaint of a breach of privilege, the party may either be
summoned, or sent for in custody of the sergeant. 1 Grey, 88, 95.
The privilege of a member is the privilege of the House. If the
member waive it without leave, it is a ground for punishing him, but
cannot in effect waive the privilege of the House. 3 Grey, 140, 222.
For any speech or debate in either House, they shall not be
questioned in any other place. Const. U. S., I, 6; S. P. protest of the
Commons to James I, 1621; 2 Rapin, No. 54, pp. 211, 212. But this is
restrained to things done in the House in a parliamentary course. 1
Rush., 663. For he is not to have privilege contra morem
parliamentarium, to exceed the bounds and limits of his place and
duty. Com. p.
If an offence be committed by a member in the House, of which
the House has cognizance, it is an infringement of their right for any
person or court to take notice of it, till the House has punished the
offender, or referred him to a due course. Lex. Parl., 63.
Privilege is in the power of the House, and is a restraint to the
proceedings of inferior courts, but not of the House itself. 2 Nalson,
450; 2 Grey, 399. For whatever is spoken in the House is subject to
the censure of the House; and offenses of this kind have been
severely punished by calling the person to the bar to make
submission, committing him to the tower, expelling the House, &c.
Scob., 72; L. Parl., c. 22.
It is a breach of order for the Speaker to refuse to put a question
which is in order. 1 Hats., 175–6; 5 Grey, 133.
And even in cases of treason, felony, and breach of the peace, to
which privilege does not extend as to substance, yet in Parliament a
member is privileged as to the mode of proceeding. The case is first
to be laid before the House, that it may judge of the fact and of the
grounds of the accusation, and how far forth the manner of the trial
may concern their privilege; otherwise it would be in the power of
other branches of the government, and even of every private man,
under pretenses of treason, &c., to take any man from his services in
the House, and so, as many, one after another, as would make the
House what he pleaseth. Dec. of the Com. on the King’s declaring Sir
John Hotham a traitor. 4 Rushw., 586. So, when a member stood
indicted for felony, it was adjudged that he ought to remain of the
House till conviction; for it may be any man’s case, who is guiltless,
to be accused and indicted of felony or the like crime. 23 El., 1580;
D’Ewes, 283, col. 1; Lex Parl., 133.
When it is found necessary for the public service to put a member
under arrest, or when, on any public inquiry, matter comes out
which may lead to affect the person of a member, it is the practice
immediately to acquaint the House, that they may know the reason
for such a proceeding, and take such steps as they think proper. 2
Hats., 259. Of which see many examples, Ib., 256, 257, 258. But the
communication is subsequent to the arrest. 1 Blackst., 167.
It is highly expedient, says Hatsel, for the due preservation of the
privileges of the separate branches of the legislature, that neither
should encroach on the other, or interfere in any matter depending
before them, so as to preclude, or even influence, that freedom of
debate which is essential to a free council. They are, therefore, not to
take notice of any bills or other matters depending, or of votes that
have been given, or of speeches which have been held, by the
members of either of the other branches of the legislature, until the
same have been communicated to them in the usual parliamentary
manner. 2 Hats., 252; 4 Inst., 15; Seld. Jud., 53. Thus the King’s
taking notice of the bill for suppressing soldiers, depending before
the House; his proposing a provisional clause for a bill before it was
presented to him by the two Houses; his expressing displeasure
against some persons for matters moved in Parliament during the
debate and preparation of a bill, were breaches of privilege; 2
Nalson, 743; and in 1783, December 17, it was declared a breach of
fundamental privileges, &c., to report any opinion or pretended
opinion of the King on any bill or proceeding depending in either
House of Parliament, with a view to influence the votes of the
members. 2 Hats., 251, 6.

SEC. IV.—ELECTIONS.

[The times, places, and manner of holding elections for Senators

and Representatives shall be prescribed in each State by the
Legislature thereof; but the Congress may at any time by law make or
alter such regulations, except as to the places of choosing Senators.
Const., I, 4.]
[Each House shall be the judge of the elections, returns, and
qualifications of its own members. Const., I, 5.]

SEC. V.—QUALIFICATIONS.
 [The Senate of the United States shall be composed of two
Senators from each State, chosen by the Legislature thereof for six
years, and each Senator shall have one vote.]
[Immediately after they shall be assembled in consequence of the
first election, they shall be divided as equally as may be into three
classes. The seats of the Senators of the first class shall be vacated at
the end of the second year; of the second class at the expiration of the
fourth year; and of the third class at the expiration of the sixth year;
so that one-third may be chosen every second year; and if vacancies
happen, by resignation or otherwise, during the recess of the
Legislature of any State, the executive thereof may make temporary
appointments until the next meeting of the Legislature, which shall
then fill such vacancies. Const., I, 3.]
[No person shall be a Senator who shall not have attained to the
age of thirty years, and been nine years a citizen of the United States,
and who shall not, when elected, be an inhabitant of that State for
which he shall be chosen. Const. I, 3.]
[The House of Representatives shall be composed of members
chosen every second year by the people of the several States; and the
electors in each State shall have the qualifications requisite for
electors of the most numerous branch of the State Legislature.
Const., I, 2.]
[No person shall be a Representative who shall not have attained
to the age of twenty-five years and been seven years a citizen of the
United States, and who shall not, when elected, be an inhabitant of
that State in which he shall be chosen. Const., I, 2.]
[Representatives and direct taxes shall be apportioned among the
several States which maybe included within this Union, according to
their respective numbers; which shall be determined by adding to the
whole number of free persons, including those bound to service for a
term of years, and excluding Indians not taxed, three-fifths of all
other persons. The actual enumeration shall be made within three
years after the first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such manner as they
shall by law direct. The number of Representatives shall not exceed
one for every thirty thousand, but each State shall have at least one
Representative. Const., I, 2]
 [When vacancies happen in the representation from any State, the
executive authority thereof shall issue writs of election to fill such
vacancies. Const., I, 2.]
[No Senator or Representative shall, during the time for which he
was elected, be appointed to any civil office under the authority of
the United States which shall have been created, or the emoluments
whereof shall have been increased, during such time; and no person
holding any office under the United States shall be a member of
either House during his continuance in office. Const., I, 6.]

SEC. VI.—QUORUM.

[A majority of each House shall constitute a quorum to do

business, but a smaller number may adjourn from day to day, and
may be authorized to compel the attendance of absent members in
such manner and under such penalties as each House may provide.
Const., I, 5.]
In general the chair is not to be taken till a quorum for business is
present; unless, after due waiting, such a quorum be despaired of,
when the chair may be taken and the House adjourned. And
whenever, during business, it is observed that a quorum is not
present, any member may call for the House to be counted, and
being found deficient, business is suspended. 2 Hats., 125, 126.
[The President having taken the chair, and a quorum being
present, the journal of the preceding day shall be read, to the end
that any mistake may be corrected that shall have been made in the
entries. Rules of the Senate.]

SEC. VII.—CALL OF THE HOUSE.

On a call of the House, each person rises up as he is called, and

answereth; the absentees are then only noted, but no excuse to be
made till the House be fully called over. Then the absentees are
called a second time, and if still absent, excuses are to be heard. Ord.
House of Commons, 92.
 They rise that their persons may be recognized; the voice, in such a
crowd, being an insufficient verification of their presence. But in so
small a body as the Senate of the United States, the trouble of rising
cannot be necessary.
Orders for calls on different days may subsist at the same time. 2
Hats., 72.

SEC. VIII.—ABSENCE.

[No member shall absent himself from the service of the Senate
without leave of the Senate first obtained. And in case a less number
than a quorum of the Senate shall convene, they are hereby
authorized to send the Sergeant-at-Arms, or any other person or
persons by them authorized, for any or all absent members, as the
majority of such members present shall agree, at the expense of such
absent members, respectively, unless such excuse for non-attendance
shall be made as the Senate, when a quorum is convened, shall judge
sufficient: and in that case the expense shall be paid out of the
contingent fund. And this rule shall apply as well to the first
convention of the Senate, at the legal time of meeting, as to each day
of the session, after the hour is arrived to which the Senate stood
adjourned. Rule 8.]

SEC. IX.—SPEAKER.

[The Vice-President of the United States shall be President of the

Senate, but shall have no vote unless they be equally divided.
Constitution, I, 3.]
[The Senate shall choose their officers, and also a President pro
tempore in the absence of the Vice-President, or when he shall
exercise the office of President of the United States. Ib.]
[The House of Representatives shall choose their Speaker and
other officers. Const., I, 2.]
When but one person is proposed, and no objection made, it has
not been usual in Parliament to put any question to the House; but
without a question the members proposing him conduct him to the