Cameron Miranda
Lesbian, gay, bisexual and transgender people have faced legal proscription for hundreds of years, initially under religious laws, and later under secular legal codes. The first anti-gay laws can be traced back to the seventeenth century, when many New England colonial laws, such as the Body of Laws and Liberties in the Massachusetts Bay Colony, prescribed the death penalty for charges of sodomy. In 1691, colonial New York under the Duke of York's rule also considered sodomy a capital offense. In 1700, the Pennsylvania Assembly passed a similar act, requiring convicted men to be imprisoned, whipped, and castrated if married. In 1714, sodomy laws were in place in the early colonies and in the colonial militia, remaining unchallenged until 1925. In 1917, the Immigration Act was used to restrict the immigration of individuals who exhibited constitutional psychopathic inferiority, a classification used to discriminate based on sexual orientation.
| Characteristics | Values |
|---|---|
| Date | 1636 |
| Location | Plymouth Colony |
| Offences | Sodomy, treason, witchcraft, arson, rape, murder, bestiality, adultery |
| Penalty | Death |
| First anti-gay law in the UK | The Buggery Act of 1533 |
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What You'll Learn
The first anti-gay laws were religious
The first anti-gay laws were rooted in religion, with the Abrahamic faiths of Judaism, Christianity, and Islam traditionally forbidding sodomy and teaching that such behavior is sinful. These religious beliefs have been a primary motivation for criminalizing LGBTQ+ people, both historically and in the present day.
Early anti-gay laws often banned sodomy and "obscenities," which included gay relationships without explicitly mentioning homosexuality. For example, the Immigration Act of 1917 in the United States restricted immigration by individuals who exhibited "constitutional psychopathic inferiority," a classification used to discriminate against those with different sexual orientations. New England colonial laws in the 17th century went even further, prescribing the death penalty for sodomy charges.
The influence of religion on anti-gay legislation is also evident in the laws imposed during the colonial period by European powers as they expanded their influence globally. These legal codes, which criminalized LGBTQ+ people, were often a reflection of the theological traditions of the time. For instance, the 2023 Anti-Homosexuality Act in Uganda, which goes beyond prohibiting same-sex acts to criminalizing anyone who identifies as LGBTQ+, reflects a religious fundamentalism that correlates with anti-homosexual bias.
Even today, adherence to anti-gay religious beliefs is associated with emotional distress and suicidality in sexual minority individuals, as well as a drive toward conversion therapy. While some denominations within the Abrahamic faiths have become more accepting of homosexuality, others continue to actively oppose social acceptance and support criminal sanctions, reflecting the varied and evolving nature of the relationship between religion and homosexuality.
It is important to note that the interaction of personal religious beliefs with the predominant national religious context also plays a role in shaping attitudes toward homosexuality. Psychological research has connected religiosity with homophobic attitudes and physical anti-gay hostility, highlighting the complex and multifaceted nature of the influence of religion on anti-gay laws and attitudes.
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Colonial laws often punished gay sex with death
The exact beginning of federal anti-gay legislation is difficult to determine. Many early laws and resolutions banned sodomy and "obscenities", including gay relationships without explicitly mentioning homosexuality. For instance, the Immigration Act of 1917 restricted immigration by individuals who exhibited "constitutional psychopathic inferiority", a classification also used to discriminate based on sexual orientation.
In colonial New York, under the Duke of York's rule, sodomy was a capital offence, and the statute mirrored the Levitical language seen in Massachusetts and Connecticut. The Duke of York's rule of law lasted through 1691, and it is unclear whether capital laws criminalizing sodomy existed in New York prior to the American Revolutionary War. In 1702, after the colony's union, there appear to have been no sodomy laws until 1796. Following the success of the American Revolution, many states resented the harsh rule of the British, and reformers fought for a more humane legal system. In 1786, Pennsylvania's legislature passed "An Act Amending the Penal Laws", which removed the death penalty as punishment for sodomy and other offences. Other states slowly followed Pennsylvania. In 1796, New Jersey passed "An Act for the Punishment of Crimes" that made sodomy punishable by a fine and solitary confinement with hard labour for no more than twenty-one years. In 1798, Rhode Island's "Public Laws" officially took the death penalty off the table for an individual's first sexual offence, but not their second.
While colonial laws in North America often punished gay sex with death, the laws criminalizing same-sex acts under the colonial Penal Code 1950 were significantly less punitive than the 2023 Anti-Homosexuality Act (AHA) passed in Uganda, which goes beyond prohibiting same-sex acts to criminalizing anyone who "holds out as a lesbian, gay, transgender, a queer, or any other sexual or gender identity that is contrary to the binary categories of male and female", with a punishment of up to ten years in prison.
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The Immigration Act of 1917 restricted immigration based on sexual orientation
The Immigration Act of 1917, also known as the Literacy Act, the Burnett Act, or the Asiatic Barred Zone Act, was a United States federal law that imposed restrictions on immigration. One of its key provisions was a literacy test for immigrants, requiring them to read 30 to 40 words in their native language. This effectively barred all immigrants over the age of sixteen who were illiterate. The act also created new categories of inadmissible persons, including "idiots", "insane" people, alcoholics, "anarchists", and "persons with constitutional psychopathic inferiority". This last classification, based on now-discredited pseudoscience, was used to discriminate against homosexual immigrants, barring those who admitted their sexual orientation.
The Immigration Act of 1917 was part of a broader trend of nativism and exclusionary immigration policies in the United States, which had been gaining momentum since the late 19th century. The act was influenced by the growing isolationist movement, which sought to prevent American involvement in World War I. It significantly expanded on earlier exclusionary laws, such as the Chinese Exclusion Act of 1882, by creating an Asiatic Barred Zone that prohibited immigration from large parts of Asia and the Pacific Islands. Certain professionals and their families were exempt from these Asian exclusions. The act also increased the head tax to $8 per person and ended the exclusion of Mexican workers from this tax.
The Immigration Act of 1917 had a significant impact on immigration to the United States, drastically reducing the number of new immigrants allowed into the country. It was later amended by subsequent legislation, including the Immigration Act of 1924, which imposed general quotas on immigration from the Eastern Hemisphere, further tightening restrictions. The Immigration and Nationality Act of 1952, also known as the McCarran-Walter Act, formally altered the 1917 act and extended naturalization privileges to Japanese, Korean, and other Asian groups. However, the legislation barring homosexuals as immigrants remained part of the immigration code until the passage of the Immigration Act of 1990.
The Immigration Act of 1917 was a significant piece of legislation that not only restricted overall immigration but also specifically targeted homosexual individuals, reflecting the discriminatory attitudes and pseudoscientific beliefs of the time. It is important to recognize this history of exclusionary policies to understand the ongoing struggles for LGBTQ+ rights and immigration justice.
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Illinois was the first US state to decriminalise homosexuality
The fight for LGBTQ+ rights in the United States has been a long and arduous journey. Many early laws and resolutions criminalised sodomy and "obscenities", which included gay relationships without explicitly mentioning homosexuality. The Immigration Act of 1917, for instance, restricted immigration based on "constitutional psychopathic inferiority", a classification used to discriminate against individuals based on their sexual orientation.
In this context, Illinois played a pioneering role in championing LGBTQ+ rights by becoming the first US state to decriminalise homosexuality. On January 1, 1962, Illinois repealed its sodomy laws, marking a significant milestone in the history of LGBTQ+ rights. This move was driven by the lobbying efforts of the Reverend James Jones, an Episcopal priest, and Chicago lawyer Paul Goldman, who was motivated by the tragic suicide of his gay law school roommate.
The impact of Illinois' decision extended beyond its borders. Over the subsequent four decades, 35 other states followed suit, repealing their sodomy laws and advancing the cause of LGBTQ+ equality. This trend reflected a broader shift in societal attitudes towards greater acceptance of the LGBTQ+ community.
Illinois continued to build on this foundation, taking additional steps to protect the rights of its LGBTQ+ citizens. In 1991-1992, the state legislature amended the definition of "Hate Crime", including sexual orientation and gender as bases for hate crimes. In 2006, the Illinois Human Rights Act was amended to prohibit discrimination against lesbian, gay, bisexual, and transgender individuals in various spheres, including employment, housing, and public accommodation.
The state also made strides in recognising same-sex relationships. On June 1, 2011, the Illinois Religious Freedom Protection and Civil Union Act came into effect, allowing same-sex couples to enter into civil unions. These actions reflected Illinois' commitment to fostering an inclusive and equitable environment for its LGBTQ+ residents.
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Anti-gay laws often targeted transgender people
Anti-LGBTQ+ laws have a long history, with many early laws and resolutions banning sodomy and "obscenities," categories that included gay relationships without explicitly mentioning homosexuality. The exact beginning of federal anti-gay legislation is challenging to pinpoint, but it's clear that LGBTQ+ individuals, particularly transgender people, have faced legal proscription for centuries.
Transgender individuals have often been the target of anti-gay laws, with politicians introducing a significant number of discriminatory bills in recent years. For example, in 2022, out of 315 discriminatory anti-LGBTQ+ bills introduced, 149 targeted the transgender and non-binary community, with 17 of those passing into law. These laws aim to restrict transgender youth from participating in school sports consistent with their gender identity, receiving gender-affirming healthcare, and accessing educational settings like bathrooms and gender identity education.
The push for these anti-trans laws is led by national anti-LGBTQ+ groups that employ discriminatory tropes. As a result, extremist lawmakers in state houses across the United States are advancing a record-breaking number of anti-LGBTQ+ bills, creating a hostile legislative climate for the LGBTQ+ community. This trend is not unique to the United States, as countries like Uganda have passed the Anti-Homosexuality Act (AHA), which goes beyond prohibiting same-sex acts to criminalize anyone who identifies as LGBTQ+, with punishments of up to ten years in prison.
The roots of anti-LGBTQ+ legislation can be traced back to religious laws, particularly those imposed by Abrahamic faiths. These theological traditions influenced the legal codes first implemented in Europe during the colonial period. As European powers expanded their influence globally, they exported their legal systems, imposing laws that criminalized LGBTQ+ individuals over diverse indigenous traditions that may not have shared the same views on same-sex activity and gender diversity.
While there have been some advancements in LGBTQ+ rights, such as the Supreme Court rulings in the United States and the National Coalition for Gay & Lesbian Equality case in South Africa, the ongoing introduction and passage of anti-LGBTQ+ bills, particularly those targeting transgender individuals, highlight the persistent legislative assault on the rights of this community.
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Frequently asked questions
The exact beginning of federal anti-gay legislation is difficult to determine. Many early laws and resolutions banned sodomy and "obscenities", including gay relationships, without explicitly referencing homosexuality. One early example is the Immigration Act of 1917, which restricted the immigration of individuals who exhibited "constitutional psychopathic inferiority", a classification used to discriminate based on sexual orientation.
In 1636, the Plymouth Colony listed sodomy as a capital offence, punishable by death. In 1641, the Massachusetts Bay Colony adopted the Body of Laws and Liberties, which established twelve capital offences, including sodomy. This law remained in place until 1822.
Yes, in 1700 the Pennsylvania Assembly passed "An Act Against Incest, Sodomy, and Bestiality", which required men convicted of sodomy or bestiality to be imprisoned, whipped, and castrated if married. In 1778, Lieutenant Gotthold Frederick Enslin of the Continental Army became the first documented service member to be dismissed from the U.S. military for homosexuality.
