Cecily Zamora
The history of LGBTQ+ legislation and its representation in Congress has been a long and arduous journey. While it is difficult to pinpoint the exact beginning of federal anti-gay legislation, early laws and resolutions often masked their bigotry by banning sodomy and obscenities, with LGBTQ+ relationships falling under these ambiguous categories. The Immigration Act of 1917 is a prime example of this, as it restricted immigration by those with constitutional psychopathic inferiority, a classification used to discriminate against individuals based on their sexual orientation. The term homosexual was first used in Congress in 1945, and in 1950, a prejudicial report explicitly encouraged the discrimination and firing of moral perverts in the federal government, marking a dark chapter in the history of LGBTQ+ rights.
| Characteristics | Values |
|---|---|
| First recorded law against homosexuality | 1687 – New England Primer |
| First law against same-sex marriage | 1691 – Virginia |
| First recorded dismissal from the U.S. military for homosexuality | 1778 – Lieutenant Gotthold Frederick Enslin |
| First U.S. Congress report explicitly discriminating based on sexual orientation | 1950 – "Employment of Homosexuals and Other Sex Perverts in Government" |
| First U.S. state to decriminalize homosexuality | 1962 – Illinois |
| First peer-run support and advocacy organization for transgender people | 1966 – National Transsexual Counseling Unit |
| First gay-owned bookstore in the U.S. | 1967 – Oscar Wilde Memorial Bookshop |
| First openly gay American elected to public office | 1974 – Kathy Kozachenko |
| First time the U.S. Supreme Court rules against discriminating against homosexuals | 1993 – Romer v. Evans |
| First time the U.S. military allows applicants regardless of sexual orientation | 1993 – "Don't Ask, Don't Tell" policy |
| First time the European Court of Human Rights rules against discriminating against homosexuals | 1997 – Sutherland v UK |
| First Supreme Court ruling in support of LGBTQ+ rights in Nepal | N/A – Sunil Babu Pant & Others v. Nepal Government & Others |
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What You'll Learn
- The US Immigration Act of 1917 restricted immigration by individuals with constitutional psychopathic inferiority, a classification used to discriminate against LGBTQ+ people
- In 1950, a US Congress report explicitly discriminated based on sexual orientation, designating homosexuality as a psychological illness
- In 1952, the American Psychiatric Association listed homosexuality as a sociopathic personality disturbance
- In 1954, the Wolfenden Committee was appointed to review laws dealing with homosexual activity and prostitution
- In 1962, Illinois became the first US state to decriminalise homosexuality
The US Immigration Act of 1917 restricted immigration by individuals with constitutional psychopathic inferiority, a classification used to discriminate against LGBTQ+ people
Laws against homosexuality have a long and complex history, with varying degrees of enforcement and discrimination worldwide. One notable example of legislation that restricted the rights of LGBTQ+ individuals is the US Immigration Act of 1917. This Act specifically targeted individuals with what was termed "constitutional psychopathic inferiority", a classification that was used to discriminate against LGBTQ+ people and prevent them from immigrating to the United States.
The Immigration Act of 1917 was passed by the 64th United States Congress on February 5, 1917, and it served to consolidate and expand the list of "undesirables" banned from entering the country. This list included various groups such as alcoholics, anarchists, criminals, and those deemed mentally defective. The Act also introduced a literacy test for immigrants, which was long advocated for by groups like the Immigration Restriction League.
The classification of "constitutional psychopathic inferiority" was a pseudoscientific term used to describe homosexuality and justify its exclusion from immigration. This classification was based on the prevailing belief that homosexuality was a psychological ailment or mental defect. The Act effectively barred LGBTQ+ individuals from immigrating to the US, even if they faced persecution in their home countries.
Despite the discriminatory nature of the Immigration Act of 1917, LGBTQ+ individuals who were already in the US worked to create a more inclusive and equal society. The country's first LGBTQ+ organization, the Society for Human Rights, was founded by military veteran and Bavarian immigrant Henry Gerber in Chicago, Illinois, in 1924. These early efforts laid the groundwork for the future LGBTQ+ rights movement, which gained momentum with the Stonewall Rebellion in New York in 1969.
While the Immigration Act of 1917 was a significant setback for LGBTQ+ rights, there have been numerous milestones in the fight for equality. For example, in 1958, the United States Supreme Court ruled in favor of the First Amendment rights of a lesbian, gay, bisexual, and transgender magazine, marking the first time the Court ruled in favor of homosexuals. In 1962, Illinois became the first state to decriminalize homosexuality, and in 1973, the American Psychiatric Association removed homosexuality from its list of mental illnesses. In the 1990s, there were also significant legal victories, such as the European Court of Human Rights striking down discriminatory laws and the US military no longer barring applicants based on their sexual orientation under the "Don't Ask, Don't Tell" policy.
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In 1950, a US Congress report explicitly discriminated based on sexual orientation, designating homosexuality as a psychological illness
The history of LGBTQ+ legislation and representation in Congress has largely reflected popular opinion, both in support of and against the movement. While the exact beginning of Federal anti-gay legislation is difficult to determine, many early laws and resolutions banned sodomy and "obscenities," categories that included gay relationships without explicitly referencing homosexuality.
The 1950 report encouraged the Civil Service Commission to investigate and terminate the employment of "moral perverts" working for the federal government. The report deemed homosexuals generally unsuitable for federal employment and labelled them security risks. This discriminatory document directly contributed to a wave of repression against LGBTQ+ individuals in the federal workforce, known as the Lavender Scare. This era of persecution lasted from the late 1940s through the 1960s, resulting in thousands of gay employees being fired or forced to resign due to their sexuality. The Lavender Scare was fuelled by congressional investigations and the anti-Communist sentiment of the Red Scare, demonstrating how homophobia and political paranoia intersected during this period.
The 1950 report also had broader implications for the perception of homosexuality in American society. By designating homosexuality as a psychological illness, the report contributed to a narrative that pathologized LGBTQ+ identities. This medicalization of homosexuality was not unique to the United States, as evidenced by the World Health Organization's classification of homosexuality as a mental disorder until 1992. However, within the US context, the report's impact was significant. It set a precedent for considering LGBTQ+ individuals as deviants, which had tangible consequences for their civil rights and social acceptance.
It wasn't until 1973 that the American Psychiatric Association (APA) removed homosexuality from its list of mental illnesses, marking a major milestone toward equality. This decision was made through a vote at the APA convention, with 5,854 psychiatrists voting for removal and 3,810 voting to retain it. While the APA's resolution acknowledged that homosexuality did not meet the criteria for a psychiatric disorder, it did not immediately stop attempts to cure" gay people through conversion therapy. Nonetheless, the APA's decision represented a significant shift in the understanding of homosexuality and set the stage for further advancements in LGBTQ+ rights.
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In 1952, the American Psychiatric Association listed homosexuality as a sociopathic personality disturbance
The history of LGBTQ+ legislation in Congress has largely reflected popular opinion, both in support of and against the movement. The exact beginning of federal anti-gay legislation is difficult to determine, as 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 1952, the American Psychiatric Association (APA) listed homosexuality as a "'sexual deviation'" within the broader category of "sociopathic personality disturbance" in the first edition of the Diagnostic and Statistical Manual (DSM). This classification was influenced by the psychoanalytic perspectives prevalent in mid-20th-century American psychiatry, which viewed homosexuality as a mental disorder. The DSM-I's classification of homosexuality was challenged by gay rights activists, particularly following the 1969 Stonewall riots, and was contradicted by research suggesting that homosexuality is normal and non-pathological.
Psychologist Evelyn Hooker's study in the late 1950s compared the psychological test results of 30 gay men with 30 heterosexual controls, finding no more signs of psychological disturbances in the gay group. This refuted the contemporary belief that all gay men had severe psychological issues. Additionally, Alfred Kinsey's research published in the first Kinsey Report in 1948 found that only 50% of the adult population is exclusively heterosexual, challenging the notion that homosexuality is abnormal.
In December 1973, the APA board of trustees voted to remove homosexuality from the DSM, and in 1974, the full APA membership confirmed this decision. This change was influenced by extensive organizing by gay rights activists during the gay liberation movement of the 1960s and 1970s, as well as scientific research that failed to support the assumption that homosexuality was pathological. The DSM-II, published in 1974, replaced the code for homosexuality with "sexual orientation disturbance," acknowledging the distress some individuals experienced due to their sexual orientation. However, this diagnosis was also removed from the DSM-5 in 2013.
The declassification of homosexuality as a mental disorder by the APA in 1973 was followed by similar actions from other organizations. In 1975, the American Psychological Association called on mental health professionals to help remove the stigma of mental illness associated with homosexuality. Additionally, in 1977, Harvey Milk won a seat on the San Francisco Board of Supervisors and introduced a gay rights ordinance protecting LGBTQ+ individuals from employment discrimination. These milestones reflect the evolving legal and social attitudes towards homosexuality and the LGBTQ+ community's growing acceptance in American society.
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In 1954, the Wolfenden Committee was appointed to review laws dealing with homosexual activity and prostitution
In the United Kingdom, the Wolfenden Committee, officially known as the Departmental Committee on Homosexual Offences and Prostitution, was formed in 1954 to review laws dealing with homosexual activity and prostitution. The committee was led by Sir John Wolfenden, a former headmaster and vice-chancellor, and included 14 other members, such as Mary Cohen, vice-president of the City of Glasgow Girl Guides, Desmond Curran, a senior psychiatrist, and various religious leaders, judges, and politicians.
The committee's formation came after a series of well-known men, including Lord Montagu of Beaulieu and John Gielgud, were convicted of homosexual offences under the Criminal Law Amendment Act of 1885, which prohibited any homosexual activity between males. By the end of 1954, there were 1,069 men imprisoned in England and Wales for homosexual acts, with a mean age of 37 years. The Home Office recognised the need to review the laws relating to prostitution and, during a time of significant trials, the Cabinet decided to expand the scope to include homosexual offences to protect public morality and prevent the further proliferation of homosexual behaviour.
The Wolfenden Committee first met on September 15, 1954, and held meetings on 62 days, interviewing witnesses during 32 of those days. They heard evidence from police officers, psychiatrists, religious leaders, and gay men affected by the laws. Getting gay men to testify proved challenging, and the committee had to locate willing participants rather than placing an advertisement. Wolfenden suggested using the terms 'Huntley' and 'Palmer' after the biscuit manufacturers to refer to homosexuals and prostitutes, respectively, for the comfort of the women in the room.
The committee's report, published in September 1957, recommended the decriminalisation of consensual homosexual relations between two men over the age of 21 in private. The recommendations for prostitution were implemented within 18 months, but it took a decade for the reforms regarding homosexual law to be successfully debated and voted into law with the Sexual Offences Act of 1967. The report was considered a significant study of complex legal and social issues, but it was also criticised for not fully appreciating the principle that the law should not concern itself with "private immorality".
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In 1962, Illinois became the first US state to decriminalise homosexuality
Laws against homosexuality have a long and complex history, with early measures often framed around banning sodomy and "obscenities". The exact beginning of federal anti-gay legislation is difficult to pinpoint, but it dates back centuries. In the seventeenth century, citizens in New England faced legal punishment for LGBTQ+ relationships. Over time, various laws and resolutions were enacted to criminalise homosexuality, often without explicitly mentioning the term. For instance, the Immigration Act of 1917 restricted immigration by individuals deemed to have "constitutional psychopathic inferiority", a classification that was used to discriminate based on sexual orientation.
In the context of Illinois, the state's journey towards decriminalisation began with its inheritance of the English "buggery" law in 1795, which imposed the death penalty for sodomy. After gaining statehood in 1819, Illinois enacted its own statute outlawing sodomy, carrying penalties of imprisonment, fines, and lashes. Over time, these penalties were modified, with the maximum imprisonment raised to 10 years in 1874. The first reported sodomy case in Illinois occurred in 1897, with the Supreme Court of Illinois ruling that fellatio, regardless of heterosexual or homosexual context, violated the sodomy law.
However, on January 1, 1962, Illinois took a significant step forward by becoming the first US state to decriminalise homosexuality. This was achieved through the repeal of its sodomy laws, specifically by not including laws against "the infamous crime against nature either with man or beast" in the Criminal Code of 1961. This move was part of a broader revision of the state's criminal laws. While sodomy was not explicitly legalised, it was effectively decriminalised. The new code established an age of consent of 18 and made public displays of same-sex affection illegal.
The push for LGBTQ+ rights in Illinois continued in the following years. In 1963, the General Assembly amended the law to replace "the same sex" with "either sex". The "lewd fondling or caress" law was repealed in 1984, and the age of consent was lowered to 16. Chicago, a key city in Illinois, also played a pivotal role in advancing LGBTQ+ rights. In 1988, the city enacted its own anti-discrimination ordinance, and on December 21, 1988, Chicago's City Council passed the Human Rights Ordinance. This ordinance granted the LGBTQ+ community social equality under the law, protecting people from discrimination based on sexual orientation, among other grounds.
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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", categories that included gay relationships without explicitly referencing homosexuality. One early measure, the Immigration Act of 1917, specifically restricted immigration by individuals who exhibit “constitutional psychopathic inferiority”, a legislative classification also used to discriminate based on sexual orientation. Despite ambiguities in language, there are accounts of citizens facing legal punishment for LGBTQ+ relationships as early as the 17th century.
Illinois became the first US state to decriminalise homosexuality in 1962.
On December 21, 1993, the Department of Defense issued a directive prohibiting the US Military from barring applicants from service based on their sexual orientation. This policy is known as "Don't Ask, Don't Tell".
