 As we have seen, Devlin took homosexuality and animal cruelty to be morally wrongful and therefore his reason for supporting the decriminalization of the first and the continued criminalization of the second was that they, respectively, ought to be tolerated and ought not to be tolerated (see footnote 5). Notably neither Devlin nor Hart addressed the question of why—in virtue of what—can it be asserted or denied that homosexuality is morally wrongful. For Devlin that is hardly to the point, for “what the law maker has to ascertain is not the true belief but the common belief”(Devlin 1965: 94). By contrast Devlin’s fellow legal moralist, Moore, would take Devlin’s support for decriminalization of homosexual sex to be the right result for the wrong reason; homosexuality, not being in any way morally wrong, should not be criminalized for that straightforward reason; the question of toleration should never arise (Moore 1997: 756; Corvino 2013; Pickett 2020).