Cecily Zamora
Lesbianism has been prosecuted in many countries, and it is still illegal to be a lesbian in almost a quarter of the countries in the world. In England and Wales, there have been prosecutions of women for lesbian relationships since at least the end of the 17th century. In the 18th century, there were a small number of cases where apparently heterosexual couples married, but the 'husband' was later found to be legally female. These 'husbands' were often harshly punished for financial fraud. In 1921, there were debates in the UK Parliament about criminalising 'gross indecency between females', but the bill was rejected by the House of Lords. While lesbianism was not explicitly outlawed in the UK, the absence of discriminatory legislation does not ensure that all people are treated equally, and concerns remain about the treatment of lesbians and trans men by the courts.
| Characteristics | Values |
|---|---|
| Lesbianism criminalization | Almost a quarter of countries worldwide have laws that criminalize lesbianism |
| History of lesbianism criminalization | In 1921, the UK considered criminalizing lesbianism but ultimately decided against it |
| Prosecutions of lesbian relationships | There have been prosecutions of women for lesbian relationships since at least the 17th century |
| Reasons for non-criminalization in some countries | It was believed that lesbianism was unknown to lawmakers, or too embarrassing to address |
| Impact of criminalization | Lesbian and bisexual women are at serious risk of persecution, arrest, detention, and abuse in countries with anti-gay laws |
| Global trends | Despite a general trend towards decriminalization, some countries have recently added new sanctions against lesbianism |
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What You'll Learn
Lesbianism prosecutions in England and Wales
In the eighteenth century, there were a handful of cases where apparently heterosexual couples married, but the 'husband' was later revealed to be legally female. These 'husbands', who may be understood today as trans men, were harshly punished for financial fraud, as a woman's possessions became her husband's property upon marriage. However, given the working-class and poor status of most 'wives', financial gain was likely not the motive in these cases. Instead, these prosecutions served to silence and control women's sexuality and same-sex relationships.
The policy of silencing lesbianism, rather than explicit criminalisation, emerged in the 18th century when sexual offenses shifted from the domain of the church to the courts. This approach reached its peak in the 19th century but has never entirely disappeared. By avoiding direct recognition or legislation against lesbianism, the legal system aimed to prevent it from becoming imaginable or acceptable.
In the early 20th century, there were attempts to criminalise lesbianism explicitly. In 1921, a bill proposing to make "any act of gross indecency between female persons" illegal was introduced in the House of Lords. However, the bill was rejected, not out of tolerance, but due to fears that criminalisation would publicise lesbianism and encourage respectable women to experiment with it.
Today, the law on sexual offences in England and Wales is officially equal and gender-neutral. However, concerns persist about the treatment of lesbians and trans men by the courts, with ''gender fraud' cases continuing to cause controversy. The history of lesbianism prosecutions highlights how the absence of discriminatory legislation does not guarantee equal treatment for all.
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The myth of Queen Victoria's influence
The idea that Queen Victoria's disbelief in lesbianism kept it from being outlawed stems from a broader historical context. The legal system of the time was largely shaped by a small section of society: white, upper-class men. This dynamic resulted in lesbianism being treated as privileged male knowledge, deliberately withheld from "respectable" women. The silence surrounding lesbianism among ruling-class men was a strategy to control it within their social circles.
Prosecutions of women for lesbian relationships date back to at least the seventeenth century. In the eighteenth century, there were cases of legally female individuals being punished for financial fraud after marrying women, as their wives' possessions became their property upon marriage. These cases demonstrate an understanding of lesbianism among the legal system, even if the term itself was not explicitly defined or criminalised.
The perception of lesbianism as a taboo subject, too embarrassing to discuss in Parliament or courts, contributed to the myth of Queen Victoria's influence. While lawmakers may have avoided explicit recognition of lesbianism, it does not indicate a lack of awareness or belief in its existence. Instead, it reflects the social and cultural attitudes of the time, which considered lesbianism a "disgusting and polluting" topic.
In conclusion, the notion that Queen Victoria's disbelief in lesbianism prevented its criminalisation is a persistent urban myth. Lawmakers and members of the ruling class were indeed aware of lesbianism, but their silence on the matter served to control and contain it within their social circles. The legal system's treatment of lesbianism as a taboo subject, unsuitable for public discussion, contributed to the perpetuation of this myth.
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The UK's failed 1921 lesbianism ban
Lesbianism has never been explicitly outlawed in the UK, but it has been prosecuted. In the eighteenth century, there were cases where apparently heterosexual couples married, but the 'husband' was later discovered to be legally female. These 'husbands' were punished for financial fraud because a woman's possessions became her husband's property upon marriage. However, it is unlikely that financial fraud was the motive for these marriages.
In 1921, the UK considered a bill to make "gross indecency between female persons" a misdemeanour, with punishment in the same manner as "gross indecency" between men, which had been outlawed in 1885. The bill was debated in the House of Lords, where it was struck down. The Lords believed that criminalising lesbianism would simply encourage more women to become lesbians. James Harris, the fifth Earl of Malmesbury, began the debate by apologising for discussing a "disgusting and polluting subject". However, he insisted that, however "disgusting" the subject matter was, "in passing a clause of this sort you are going to do a great deal more harm than good". Frederick Edwin Smith, Lord Chancellor and first Earl of Birkenhead, agreed with Harris, saying:
> The overwhelming majority of the women of this country have never heard of this thing at all, [and] I would be bold enough to say that of every 1,000 women, taken as a whole, 999 have never even heard a whisper of these practices.
The failure of the 1921 bill meant that lesbianism remained legal in the UK. However, it was still considered taboo, and lawmakers made efforts to silence the possibility of lesbianism as a strategy for controlling it. This is reflected in the enduring myth that lesbianism was not criminalised because Queen Victoria did not believe women engaged in such acts. Judges, MPs, and peers in the eighteenth and nineteenth centuries were aware that lesbianism existed, and could quote classical Roman and Greek authors to prove it.
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The global criminalisation of lesbianism
Lesbianism has historically been criminalised in various ways around the world, and it remains illegal in a significant number of countries today. In England and Wales, for example, there is a history of prosecuting women for lesbian relationships dating back to at least the 17th century. These prosecutions often took the form of "'gender fraud' cases", where apparently heterosexual marriages were discovered to be between two women. The "husbands" in these cases were punished for financial fraud, as a woman's possessions became her husband's property upon marriage.
In the 1920s, there was a push to explicitly criminalise lesbianism in Britain. In 1921, a bill proposing to make "any act of gross indecency between female persons" illegal was introduced in the House of Lords. The bill was ultimately rejected, but not because the Lords objected to the idea of criminalising lesbianism. Instead, they feared that doing so would bring attention to the existence of lesbianism, potentially encouraging more women to engage in such relationships.
Despite the lack of explicit criminalisation, lesbianism in England and Wales continued to be regulated and controlled through the criminal justice system. The absence of discriminatory legislation did not ensure equal treatment for lesbians, and they continued to face discrimination and persecution. This pattern can be seen in other countries as well. For instance, a 2019 report by the Human Dignity Trust found that lesbian and bisexual women are at serious risk of persecution and human rights abuses, even in countries where they are not directly captured by criminal law.
The report revealed that lesbian and bisexual women are particularly vulnerable to family violence, forced heterosexual marriage, and "corrective" rape. They may also face economic disadvantages due to gender discrimination, limiting their ability to resist familial pressures or leave abusive situations. Additionally, laws criminalising consensual female-female sexual conduct often coexist with laws that disproportionately impact women, such as those against adultery and abortion, or those permitting child marriage or marital rape.
As of 2019, it was estimated that lesbianism is illegal in almost a quarter of all countries worldwide, with at least 44 jurisdictions criminalising consensual same-sex intimacy between women. This represents a significant global trend towards decriminalisation, but also highlights the ongoing struggle for LGBTQ+ rights and equality.
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The impact of anti-lesbian laws
Lesbian, gay, bisexual, transgender, and queer (LGBTQ+) communities have long been subjected to discriminatory laws and social attitudes. While there have been significant strides toward equality in recent years, at least 67 countries still have national laws criminalizing same-sex relations between consenting adults. These laws have a detrimental impact on the lives of lesbians and other LGBTQ+ individuals, perpetuating stigma, discrimination, and violence.
In the context of the United Kingdom, there is an interesting history regarding the criminalization of lesbianism. In the eighteenth and nineteenth centuries, judges, Members of Parliament (MPs), and peers were aware of lesbianism, as evidenced by their references to classical Roman and Greek authors, medical texts, and even pornography. Despite this awareness, lesbianism was not explicitly criminalized in the same way that same-sex relations between men were. Section 11 of the Criminal Law Amendment Act of 1885, for example, made "gross indecency" between men illegal, but a similar provision for women was not successfully enacted.
In 1921, there was an attempt to criminalize lesbianism in the UK. A bill was introduced to the House of Lords that proposed to punish "any act of gross indecency between female persons" in the same manner as similar acts between men under the 1885 Act. Interestingly, the bill was rejected, but not because the Lords supported LGBTQ+ rights. Instead, they believed that criminalizing lesbianism would bring attention to it and inadvertently encourage more women to engage in such relationships. This decision effectively protected generations of queer women from facing legal repercussions for their sexual orientation.
Despite the absence of explicit laws criminalizing lesbianism in some countries, concerns remain about the treatment of lesbians and transgender men by the courts. For example, "gender fraud" cases, similar to historical "husband" prosecutions, have been controversial. Additionally, in countries where same-sex relations are criminalized, lesbian, bisexual, and transgender women face unique risks of violence and discrimination. These risks are heightened for women and girls from minority groups, such as racial or ethnic minorities, who are further marginalized within their communities.
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Frequently asked questions
Lesbianism was never made illegal in the UK. In 1921, there was an attempt to pass a bill that would criminalise "gross indecency" between women, but it was rejected by the House of Lords.
The House of Lords believed that criminalising lesbianism would draw attention to it, which would create more lesbians. They also believed that lesbianism was a matter of privileged male knowledge, which they could withhold from 'respectable' women.
Yes, lesbianism is illegal in almost a quarter of all countries in the world. Laws that criminalise homosexuality exist in 78 jurisdictions worldwide, or 40% of all countries. In these countries, lesbians and bisexual women are at serious risk of persecution and human rights abuses.
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