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On June 26, 2003, the [[Supreme Court of the United States|U.S. Supreme Court]] in a 6-3 decision in ''[[Lawrence v. Texas]]'' struck down the [[Texas]] same-sex sodomy law, ruling that this private sexual conduct is protected by the liberty rights implicit in the [[Due process|due process clause]] of the [[United States Constitution]], with [[Sandra Day O'Connor]]'s concurring opinion arguing that they violated equal protection. (''See [[Sodomy law]].)'' This decision invalidated all [[U.S. state|state]] sodomy laws insofar as they applied to noncommercial conduct in private between consenting civilians and overruled its 1986 ruling in ''[[Bowers v. Hardwick]]'' which upheld [[Georgia (U.S. state)|Georgia]]'s sodomy law.
On June 26, 2003, the [[Supreme Court of the United States|U.S. Supreme Court]] in a 6-3 decision in ''[[Lawrence v. Texas]]'' struck down the [[Texas]] same-sex sodomy law, ruling that this private sexual conduct is protected by the liberty rights implicit in the [[Due process|due process clause]] of the [[United States Constitution]], with [[Sandra Day O'Connor]]'s concurring opinion arguing that they violated equal protection. (''See [[Sodomy law]].)'' This decision invalidated all [[U.S. state|state]] sodomy laws insofar as they applied to noncommercial conduct in private between consenting civilians and overruled its 1986 ruling in ''[[Bowers v. Hardwick]]'' which upheld [[Georgia (U.S. state)|Georgia]]'s sodomy law.


In the [[U.S. military]], the United States Army Court of Criminal Appeals has ruled that the ''Lawrence v. Texas'' decision applies to Article 125 of the [[Uniform Code of Military Justice]], the statute banning sodomy. In ''United States v. Stirewalt'': ''CRAWFORD, Chief Judge (concurring in part and in the result):I agree with the result in this case but I "would reserve for another day the questions of whether and how Lawrence [v. Texas, 539 U.S. 558 (2003)] applies to the military."1 Like United States v. Marcum, "the factual differences between Lawrence and Appellant's case are striking" for the reasons mentioned by the majority as well as the circumstances surrounding the charges themselves''.<ref>[http://www.armfor.uscourts.gov/opinions/2004Term/03-0433.htm U.S. v. Stirewalt]</ref> Stirewalt's conviction of sodomy stood due to the circumstances surrounding the crime. The court went on to say that despite ''Lawrence'''s application to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" which would place the conduct "outside any protected liberty interest recognized in ''Lawrence''."<ref>[http://www.armfor.uscourts.gov/opinions/2004Term/02-0944.htm U.S. v. Marcum]</ref> Examples of such factors could be fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. ''United States v. Meno'' and ''United States v. Bullock'' are two known cases in which consensual sodomy convictions have been overturned in military courts under the ''Lawrence'' precedent.<ref>[http://www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/2309.pdf United States v. Meno, United States Court of Criminal Appeals]</ref>
In the [[U.S. military]], the United States Army Court of Criminal Appeals has ruled that the ''Lawrence v. Texas'' decision applies to Article 125 of the [[Uniform Code of Military Justice]], the statute banning sodomy. In ''United States v. Stirewalt'': ''CRAWFORD, Chief Judge (concurring in part and in the result):I agree with the result in this case but I "would reserve for another day the questions of whether and how Lawrence [v. Texas, 539 U.S. 558 (2003)] applies to the military."1 Like United States v. Marcum, "the factual differences between Lawrence and Appellant's case are striking" for the reasons mentioned by the majority as well as the circumstances surrounding the charges themselves''.<ref>[http://www.armfor.uscourts.gov/opinions/2004Term/03-0433.htm U.S. v. Stirewalt]</ref> Stirewalt's conviction of sodomy stood due to the circumstances surrounding the crime. The court went on to say that despite ''Lawrence'''s application to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" which would place the conduct "outside any protected liberty interest recognized in ''Lawrence''."<ref>[http://www.armfor.uscourts.gov/opinions/2004Term/02-0944.htm U.S. v. Marcum]</ref> Examples of such factors could be fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. ''United States v. Meno'' and ''United States v. Bullock'' are two known cases in which consensual sodomy convictions have been overturned in military courts under the ''Lawrence'' precedent.<ref>[http://www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/2309.pdf United States v. Meno, United States Court of Criminal Appeals] {{webarchive|url=https://web.archive.org/web/20080227001854/http://www.sldn.org/binary-data/SLDN_ARTICLES/pdf_file/2309.pdf |date=2008-02-27 }}</ref>


==World religions==
==World religions==
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===Christianity===
===Christianity===
The traditional interpretation sees the primary sin of Sodom as being homoerotic sexual acts,<ref>Robert A. J. Gagnon, The Bible and Homosexual Practice, pp. 73-74</ref><ref>[http://www.westernsem.edu/files/westernsem/gagnon_autm05_0.pdf Gagnon, Why the Disagreement over the Biblical Witness on Homosexual Practice, pp. 46-50]</ref> connecting the Sodom narrative with [[Leviticus 18]], which lists various sexual crimes, which, according to verses 27 and 28, would result in the land being "defiled":
The traditional interpretation sees the primary sin of Sodom as being homoerotic sexual acts,<ref>Robert A. J. Gagnon, The Bible and Homosexual Practice, pp. 73-74</ref><ref>[http://www.westernsem.edu/files/westernsem/gagnon_autm05_0.pdf Gagnon, Why the Disagreement over the Biblical Witness on Homosexual Practice, pp. 46-50] {{webarchive|url=https://web.archive.org/web/20080512090559/http://www.westernsem.edu/files/westernsem/gagnon_autm05_0.pdf |date=2008-05-12 }}</ref> connecting the Sodom narrative with [[Leviticus 18]], which lists various sexual crimes, which, according to verses 27 and 28, would result in the land being "defiled":


{{quote|for the inhabitants of the land, who were before you, committed all of these abominations, and the land became defiled; otherwise the land will vomit you out for defiling it, as it vomited out the nation that was before you.}}
{{quote|for the inhabitants of the land, who were before you, committed all of these abominations, and the land became defiled; otherwise the land will vomit you out for defiling it, as it vomited out the nation that was before you.}}

Revision as of 04:42, 20 May 2017

François Elluin, Sodomites provoking the wrath of God, from Le Pot-Pourri de Loth, 1781

Sodomy (/ˈsɒdəmi/) is generally anal or oral sex between people or sexual activity between a person and a non-human animal (bestiality), but it may also mean any non-procreative sexual activity.[1][2][3] Originally, the term sodomy, which is derived from the story of Sodom and Gomorrah in chapters 18 and 19 of the Book of Genesis in the Bible,[4] was commonly restricted to anal sex.[5][6] Sodomy laws in many countries criminalized these behaviors, and other disfavored sexual activities as well.[6][7] In the Western world, many of these laws have been overturned or are not routinely enforced.

Terminology

The term is derived from the Ecclesiastical Latin peccatum Sodomiticum or "sin of Sodom", which in turn comes from the Ancient Greek word Σόδομα (Sódoma).[8] Genesis (chapters 18–20) tells how God wished to destroy the "sinful" cities of Sodom and Gomorrah. Two angels are invited by Lot to take refuge with his family for the night. The men of Sodom surround Lot's house and demand that he bring the messengers out so that they may "know" them (the expression includes sexual connotations). Lot protests that the "messengers" are his guests and offers the Sodomites his virgin daughters instead, but then they threaten to "do worse" with Lot than they would with his guests. Then the angels strike the Sodomites blind, "so that they wearied themselves to find the door." (Genesis 19:4-11, KJV)

In current usage, the term is particularly used in law. Laws prohibiting sodomy were seen frequently in past Jewish, Christian, and Islamic civilizations, but the term has little modern usage outside Africa, Islamic countries, and the United States.[9] These laws in the United States have been challenged and have sometimes been found unconstitutional or been replaced with different legislation.[10]

Many cognates in other languages, such as French [[[:fr:sodomie|sodomie]]] Error: {{Lang}}: text has italic markup (help) (verb [sodomiser] Error: {{Lang}}: text has italic markup (help)), Spanish [[[:es:sodomía|sodomía]]] Error: {{Lang}}: text has italic markup (help) (verb [sodomizar] Error: {{Lang}}: text has italic markup (help)), and Portuguese [[[:pt:sodomia|sodomia]]] Error: {{Lang}}: text has italic markup (help) (verb [sodomizar] Error: {{Lang}}: text has italic markup (help)), are used exclusively for penetrative anal sex, at least since the early nineteenth century. In those languages, the term is also often current vernacular (not just legal, unlike in other cultures) and a formal way of referring to any practice of anal penetration; the word sex is commonly associated with consent and pleasure with regard to all involved parties and often avoids directly mentioning two common aspects of social taboo—human sexuality and the anus—without a shunning or archaic connotation to its use.

In modern German, the word [[[:de:Sodomie|Sodomie]]] Error: {{Lang}}: text has italic markup (help) has no connotation of anal or oral sex and specifically refers to bestiality.[11] The same goes for the Polish [[[:pl:sodomia|sodomia]]] Error: {{Lang}}: text has italic markup (help). The Norwegian word [[[:no:sodomi|sodomi]]] Error: {{Lang}}: text has italic markup (help) carries both senses. In Danish, [[[:da:sodomi|sodomi]]] Error: {{Lang}}: text has italic markup (help) is rendered as "unnatural carnal knowledge with someone of the same sex or (now) with animals".[12]

In Arabic and Persian, the word for sodomy, لواط (Arabic pronunciation: liwāṭ; Persian pronunciation lavât), is derived from the same source as in Western culture, with much the same connotations as English (referring to most sexual acts prohibited by the Qur'an). Its direct reference is to Lot (لوط Lūṭ in Arabic) and a more literal interpretation of the word is "the practice of Lot", but more accurately it means "the practice of Lot's people" (the Sodomites) rather than Lot himself.

The word sod, a noun or verb (to "sod off") used as an insult, is derived from sodomite.[13][14] It is a general-purpose insult term for anyone the speaker dislikes without specific reference to their sexual behaviour. Sod is used as slang in the United Kingdom and Commonwealth and is mildly offensive. However, in New Zealand and Australia it is not considered offensive at all, but only 'coarse', because it is locally assumed, even if incorrect, that it refers to 'sod' as in a wet clump of dirt.

While religion and the law have had a fundamental role in the historical definition and punishment of sodomy, sodomitical texts present considerable opportunities for ambiguity and interpretation. Sodomy is both a real occurrence and an imagined category. In the course of the eighteenth century, what is identifiable as sodomy often becomes identified with effeminacy, for example, or in opposition to a discourse of manliness. In this regard, Ian McCormick has argued that "an adequate and imaginative reading involves a series of intertextual interventions in which histories become stories, fabrications and reconstructions in lively debate with, and around, 'dominant' heterosexualities ... Deconstructing what we think we see may well involve reconstructing ourselves in surprising and unanticipated ways."[15]

History

Hebrew Bible

In the Hebrew Bible, Sodom was a city destroyed by God because of the evil of its inhabitants. No specific sin is given as the reason for God's great wrath. The story of the Sodom's destruction — and of Abraham's failed attempt to intercede with God and prevent that destruction — appears in Genesis 18-19. The connection between Sodom and homosexuality is derived from the described attempt by a mob of the city's people to rape Lot's male guests. Some suggest the sinfulness for which Sodom was destroyed might have consisted mainly in the violation of obligations of hospitality, which were important for the original writers of the Biblical account.[16] In Judges 19-21, there is an account, similar in many ways, where Gibeah, a city of the Benjamin tribe, is destroyed by the other tribes of Israel in revenge for a mob of its inhabitants raping and killing a woman. Neither view about why Sodom was destroyed takes into account that the fact that its destruction was planned before the guests arrived in the city, Genesis 18:17.

Many times in the Pentateuch and Prophets, writers use God's destruction of Sodom to demonstrate His awesome power. This happens in Deuteronomy 29; Isaiah 1, 3, and 13; Jeremiah 49 and 50; Lamentations 4; Amos 4.11; and Zephaniah 2.9. Deuteronomy 32, Jeremiah 23.14, and Lamentations 4 reference the sinfulness of Sodom but do not specify any particular sin. Specific sins which Sodom is linked to include adultery and lying (Jeremiah 23:14), impenitence (Matthew 11:23), careless living (Luke 17:28), fornication (Jude 1:7 KJV), and an overall "filthy" lifestyle (2 Peter 2:7), which word ("aselgeiais") elsewhere is rendered in the KJV as lasciviousness (Mark 7:22; 2 Corinthians 12:21; Ephesians 4:19; 1 Peter 4:3; Jude 1:4) or wantonness (Romans 13:13; 2 Peter 2:18).

In Ezekiel 16, a long comparison is made between Sodom and the kingdom of Israel. "Yet you have not merely walked in their ways or done according to their abominations; but, as if that were too little, you acted more corruptly in all your conduct than they." (v. 47, NASB) "Behold, this was the guilt of your sister Sodom: she and her daughters had arrogance, abundant food and careless ease, but she did not help the poor and needy. Thus they were haughty and committed abominations before Me. (vss. 49–50, NASB) (Note that the Hebrew for the word "thus" is the conjunction "ו" which is usually translated "and", thus KJV, NIV, and CEV omit the word entirely.)

There is no explicit mention of any sexual sin in Ezekiel's summation and "abomination" is used to describe many sins.

The Authorized King James Version translates Deuteronomy 23:17 as "There shall be no whore of the daughters of Israel, nor a sodomite of the sons of Israel," but the word corresponding to "sodomite" in the Hebrew original, Qadesh (Hebrew:קדש), does not refer to Sodom and has been translated in the New International Version as "shrine prostitute"; male shrine prostitutes may have served barren women in fertility rites rather than engaging in homosexual acts; this also applies to other instances of the word sodomite in the King James Version.[17][18]

Roman Empire period

New Testament

The New Testament, like the Old Testament, references Sodom as a place of God's anger against sin, but the Epistle of Jude provides a certain class of sin as causative of its destruction, the meaning of which is disputed.

Jude 1:5 I will therefore put you in remembrance, though ye once knew this, how that the Lord, having saved the people out of the land of Egypt, afterward destroyed them that believed not.


6 And the angels which kept not their first estate, but left their own habitation, he hath reserved in everlasting chains under darkness unto the judgment of the great day.


7 Even as Sodom and Gomorrha, and the cities about them in like manner, giving themselves over to fornication, and going after strange flesh, are set forth for an example, suffering the vengeance of eternal fire.

— Authorized King James Version
Compare Jude 1:7 in multiple versions

The Greek word in the New Testament from which the phrase is translated "giving themselves over to fornication", is "ekporneuō" ("ek" and "porneuō"). As one word it is not used elsewhere in the New Testament, but occurs in the Septuagint to denote whoredom (Genesis 38:24 and Exodus 34:15). Some modern translations as the NIV render it as "sexual immorality".

The Greek words for "strange flesh" are "heteros", which almost always basically denotes "another/other", and "sarx", a common word for "flesh", and usually refers to the physical body or the nature of man or of an ordinance.

Epistle of Jude

The Epistle of Jude in the New Testament echoes the Genesis narrative and potentially adds the sexually immoral aspects of Sodom's sins: "just as Sodom and Gomorrah and the surrounding cities, which likewise indulged in sexual immorality and pursued unnatural desire, serve as an example by undergoing a punishment of eternal fire". (v. 7, English Standard Version). The phrase rendered "sexual immorality and unnatural desire" is translated "strange flesh" or "false flesh", but it is not entirely clear what it refers to.

One theory is that it is just a reference to the "strange flesh" of the intended rape victims, who were angels, not men.[19] Countering this is traditional interpretation, which notes that the angels were sent to investigate an ongoing regional problem(Gn. 18) of fornication, and extraordinarily so, that of a homosexual nature,[20][21] "out of the order of nature."[22] "Strange" is understood to mean "outside the moral law",[23] (Romans 7:3; Galatians 1:6) while it is doubted that either Lot or the men of Sodom understood that the strangers were angels at the time.[24]

Philo

The Hellenistic Jewish philosopher Philo (20 BC - 50 AD) described the inhabitants of Sodom in an extra biblical account:

"As men, being unable to bear discreetly a satiety of these things, get restive like cattle, and become stiff-necked, and discard the laws of nature, pursuing a great and intemperate indulgence of gluttony, and drinking, and unlawful connections; for not only did they go mad after other women, and defile the marriage bed of others, but also those who were men lusted after one another, doing unseemly things, and not regarding or respecting their common nature, and though eager for children, they were convicted by having only an abortive offspring; but the conviction produced no advantage, since they were overcome by violent desire; and so by degrees, the men became accustomed to be treated like women, and in this way engendered among themselves the disease of females, and intolerable evil; for they not only, as to effeminacy and delicacy, became like women in their persons, but they also made their souls most ignoble, corrupting in this way the whole race of men, as far as depended on them" (133-35; ET Jonge 422-23).[25]

Josephus

The Jewish historian Josephus used the term "Sodomites" in summarizing the Genesis narrative: "About this time the Sodomites grew proud, on account of their riches and great wealth; they became unjust towards men, and impious towards God, in so much that they did not call to mind the advantages they received from him: they hated strangers, and abused themselves with Sodomitical practices" "Now when the Sodomites saw the young men to be of beautiful countenances, and this to an extraordinary degree, and that they took up their lodgings with Lot, they resolved themselves to enjoy these beautiful boys by force and violence; and when Lot exhorted them to sobriety, and not to offer any thing immodest to the strangers, but to have regard to their lodging in his house; and promised that if their inclinations could not be governed, he would expose his daughters to their lust, instead of these strangers; neither thus were they made ashamed." (Antiquities 1.11.1,3[26] — circa AD 96). His assessment goes beyond the Biblical data, though it is seen by conservatives as defining what manner of fornication (Jude 1:7) Sodom was given to.

Medieval Christendom

Dante and Virgil interview the sodomites, from Guido da Pisa [it]'s commentary on the Commedia, c. 1345

The primarily sexual meaning of the word sodomia for Christians did not evolve before the 6th century AD. Roman Emperor Justinian I, in his novels no. 77 (dating 538) and no. 141 (dating 559) amended to his Corpus iuris civilis, and declared that Sodom's sin had been specifically same-sex activities and desire for them. He also linked "famines, earthquakes, and pestilences" upon cities as being due to "such crimes",[27] during a time of recent earthquakes and other disasters (see Extreme weather events of 535–536). He may have also used the anti-homosexual laws he enacted upon personal and political opponents, in case he could not prove them guilty of anything else.[citation needed]

While adhering to the death penalty by beheading as punishment for homosexuality or adultery, Justinian's legal novels heralded a change in Roman legal paradigm[28] in that he introduced a concept of not only secular but also divine punishment for homosexual behavior. Individuals might ignore and escape secular laws, but they could not do the same with divine laws, if Justinian declared his novels to be such.[citation needed]

Christians earlier than Justinian are also seen to denounce same-sex relations. St. John Chrysostom in the 4th century regarded such as worse than murder in his fourth homily on Romans 1:26–27 [1], while Paul the Apostle in the Epistle to the Romans referred to same sex relations as "shameful lust" and which acts were contrary to nature, with men suffering a "due penalty" in their bodies. Just like the Jews, early Christians prior to Justinian I are not known to have used the word sodomia for the carnal sin they abhorred, though Philo of Alexandria (20 BC - 50 AD)[29] and Methodius of Olympus (AD 260-312)[30] attributed homosexual relations to Sodom, as may have Josephus, (AD 37 – c. 100)[31][32] Augustine of Hippo, (AD 354-430)[33] and certain pseudepigraphacal texts.[34][35][36]

Justinian's interpretation of the story of Sodom may have been forgotten today (as some hold it had been, along with his law novellizations regarding homosexual behavior immediately after his death) had it not been made use of in fake Charlemagnian capitularies, fabricated by a Frankish monk using the pseudonym Benedictus Levita ("Benedict the Levite") around 850 AD, as part of the Pseudo-Isidore. Benedict's three capitularies particularly dealing with Justinian's interpretation of the story of Sodom were:

  • XXI. De diversis malorum flagitiis. ("No. 21: On manifold disgraceful wrongs")
  • CXLIII. De sceleribus nefandis ob quae regna percussa sunt, ut penitus caveantur. ("No. 143: On sinful vices due to which empires have crumbled, so that we shall do our best to beware of them")
  • CLX. De patratoribus diversorum malorum. ("No. 160: On the perpetrators of manifold evil deeds")

It was in these fake capitularies where Benedictus utilized Justinian's interpretation as a justification for ecclesiastical supremacy over mundane institutions, thereby demanding[citation needed] burning at the stake for carnal sins in the name of Charlemagne himself. Burning had been part of the standard penalty for homosexual behavior particularly common in Germanic protohistory (as according to Germanic folklore, sexual deviance and especially same-sex desire were caused by a form of malevolence or spiritual evil called nith, rendering those people characterized by it as non-human fiends, as nithings), and Benedictus most probably was of the Germanic tribe of the Franks.

Benedict broadened the meaning for sodomy to all sexual acts not related to procreation that were therefore deemed counter nature (so for instance, even solitary masturbation and anal intercourse between a male and a female were covered), while among these he still emphasized all interpersonal acts not taking place between human men and women, especially homosexuality.

Benedict's rationale was that the punishment of such acts was in order to protect all Christianity from divine punishments such as natural disasters for carnal sins committed by individuals, but also for heresy, superstition and heathenry. According to Benedictus, this was why all mundane institutions had to be subjected to ecclesiastical power in order to prevent moral as well as religious laxity causing divine wrath.[citation needed]

Monks accused of sodomy burned at the stake, Ghent 1578

For delaying reasons described in the article Pseudo-Isidore, but also because his crucial demands for capital punishment had been so unheard of in ecclesiastical history priorly based upon the humane Christian concept of forgiveness and mercy, it took several centuries before Benedict's demands for legal reform began to take tangible shape within larger ecclesiastical initiatives.

This came about with the Medieval Inquisition in 1184. The sects of Cathars and Waldensians were a common target, and these heretics were not only persecuted for alleged satanism but were increasingly accused of fornication and sodomy. In 1307, accusations of sodomy and homosexuality were major charges levelled during the Trial of the Knights Templar. Some of these charges were specifically directed at the Grand Master of the order, Jacques de Molay.[37] It is this event, which led into the medieval and early-modern witch hunts that were also largely connoted with sodomy.[38]

Persecution of Cathars and the Bogomiles sect in Bulgaria led to the use of a term closely related to sodomy: buggery derives from French bouggerie, meaning "of Bulgaria".[39]

The association of sodomy with hereticism, satanism, and witchcraft was supported by the Inquisition trials. The resulting infamy of sodomy motivated a continuing discrimination and persecution of homosexuals and sexual deviants in general long after the Medieval period had ended. [citation needed]

The Book of Wisdom, which is included in the Biblical canon by Orthodox and Roman Catholics, but excluded by modern Jews, Protestants, and other Christian denominations, makes reference to the story of Sodom, further emphasizing that their sin had been failing to practice hospitality:

"And punishments came upon the sinners not without former signs by the force of thunders: for they suffered justly according to their own wickedness, insomuch as they used a more hard and hateful behavior toward strangers."
"For the Sodomites did not receive those, whom they knew not when they came: but these brought friends into bondage, that had well deserved of them." (KJV, Wisdom 19:13-14)

Sodomy laws in 18th-century Europe

A wanted poster, published in the city of Amsterdam in 1730, accusing ten men of "the abominable crime of sodomy" (de verfoeyelyke Crimen van Sodomie)

An examination of trials for rape and sodomy during the 18th century at the Old Bailey in London shows that the treatment of rape was often lenient, while the treatment of sodomy was often severe. However, the difficulty of proving that penetration and ejaculation had occurred meant that men were often convicted of the lesser charge of 'assault with sodomitical intent', which was not a capital offence.[40]

In France in the 18th century, sodomy was still theoretically a capital crime, and there are a handful of cases where sodomites were executed. However, in several of these, other crimes were involved as well. Records from the Bastille and the police lieutenant d'Argenson, as well as other sources, show that many who were arrested were exiled, sent to a regiment, or imprisoned in places (generally the Hospital) associated with moral crimes such as prostitution. Of these, a number were involved in prostitution or had approached children, or otherwise gone beyond merely having homosexual relations. Ravaisson (a 19th-century writer who edited the Bastille records) suggested that the authorities preferred to handle these cases discreetly, lest public punishments in effect publicize "this vice".[citation needed]

An execution taking place outside Newgate Prison

Periodicals of the time sometimes casually named known sodomites, and at one point even suggested that sodomy was increasingly popular. This does not imply that sodomites necessarily lived in security - specific police agents, for instance, watched the Tuileries, even then a known cruising area. But, as with much sexual behaviour under the Old Regime, discretion was a key concern on all sides (especially since members of prominent families were sometimes implicated) - the law seemed most concerned with those who were the least discreet.[citation needed]

In 1730, there was a wave of sodomy trials in the Netherlands; some 250 men were summoned before the authorities; 91 faced decrees of exile for not appearing. At least 60 men were sentenced to death.[41]

The last two Englishmen that were hanged for sodomy were executed in 1835. James Pratt and John Smith died in front of Newgate Prison in London on 27 November of that year.[42][43] They had been prosecuted under the Offences against the Person Act 1828, which had replaced the 1533 Buggery Act.

Modern sodomy laws

Main article: Sodomy law

United States

Main article: Sodomy laws in the United States

In the 1950s, all states had some form of law criminalizing sodomy, and in 1986 the United States Supreme Court ruled that nothing in the United States Constitution bars a state from prohibiting sodomy. However, state legislators and state courts had started to repeal or overturn their sodomy laws, beginning with Illinois in 1961, and thus in 2003, only 10 states had laws prohibiting all sodomy, with penalties ranging from 1 to 15 years imprisonment. Additionally, four other states had laws that specifically prohibited same-sex sodomy.

On June 26, 2003, the U.S. Supreme Court in a 6-3 decision in Lawrence v. Texas struck down the Texas same-sex sodomy law, ruling that this private sexual conduct is protected by the liberty rights implicit in the due process clause of the United States Constitution, with Sandra Day O'Connor's concurring opinion arguing that they violated equal protection. (See Sodomy law.) This decision invalidated all state sodomy laws insofar as they applied to noncommercial conduct in private between consenting civilians and overruled its 1986 ruling in Bowers v. Hardwick which upheld Georgia's sodomy law.

In the U.S. military, the United States Army Court of Criminal Appeals has ruled that the Lawrence v. Texas decision applies to Article 125 of the Uniform Code of Military Justice, the statute banning sodomy. In United States v. Stirewalt: CRAWFORD, Chief Judge (concurring in part and in the result):I agree with the result in this case but I "would reserve for another day the questions of whether and how Lawrence [v. Texas, 539 U.S. 558 (2003)] applies to the military."1 Like United States v. Marcum, "the factual differences between Lawrence and Appellant's case are striking" for the reasons mentioned by the majority as well as the circumstances surrounding the charges themselves.[44] Stirewalt's conviction of sodomy stood due to the circumstances surrounding the crime. The court went on to say that despite Lawrence's application to the military, Article 125 can still be upheld in cases where there are "factors unique to the military environment" which would place the conduct "outside any protected liberty interest recognized in Lawrence."[45] Examples of such factors could be fraternization, public sexual behavior, or any other factors that would adversely affect good order and discipline. United States v. Meno and United States v. Bullock are two known cases in which consensual sodomy convictions have been overturned in military courts under the Lawrence precedent.[46]

World religions

Views on sodomy in contemporary world religions.

Judaism

"Behold, this was the iniquity of thy sister Sodom, pride, fullness of bread, and abundance of idleness was in her and in her daughters, neither did she strengthen the hand of the poor and needy. And they were haughty, and committed abomination before me: therefore I took them away as I saw good." (KJV, Ezekiel 16:49–50).

Classical Jewish texts are seen by many as not stressing the homosexual aspect of the attitude of the inhabitants of Sodom as much as their cruelty and lack of hospitality to the "stranger." [47] The 13th-century Jewish scholar Nachmanides wrote, "According to our sages, they were notorious for every evil, but their fate was sealed for their persistence in not supporting the poor and the needy." His contemporary Rabbenu Yonah expresses the same view: "Scripture attributes their annihilation to their failure to practice tzedakah [charity or justice]."[48] Prohibitions on same-sex activities among men (#157) and bestiality (#155-156) are among the 613 commandments as listed by Maimonides in the 12th century; however, their source in Leviticus 18 does not contain the word sodomy. The idea that homosexual intercourse was involved as at least a part of the evil of Sodom arises from the story in Genesis 19 (NIV):

Before they had gone to bed, all the men from every part of the city of Sodom - both young and old - surrounded the house. They called to Lot, "Where are the men who came to you tonight? Bring them out to us so that we can have sex with them."(Gen.19:4–7 compare)

The Hebrew verb used is to know, which can have a sexual meaning in the Bible, but doesn't always, and might have a sexual meaning here, judging from Lot's shocked reaction:

"No, my friends. Don't do this wicked thing ..."

Christianity

The traditional interpretation sees the primary sin of Sodom as being homoerotic sexual acts,[49][50] connecting the Sodom narrative with Leviticus 18, which lists various sexual crimes, which, according to verses 27 and 28, would result in the land being "defiled":

for the inhabitants of the land, who were before you, committed all of these abominations, and the land became defiled; otherwise the land will vomit you out for defiling it, as it vomited out the nation that was before you.

Some scholars, such as Per-Axel Sverker, align this passage with the traditional interpretation, claiming that the word abomination refers to sexual misconduct, and that while homoerotic acts were not the only reason Sodom and Gomorrah were condemned, it was a significant part of the picture.

Others, the earliest of whom was Derrick Sherwin Bailey, claim that this passage contradicts the traditional interpretation altogether. In their view the sins of Sodom were related more to violation of hospitality laws than sexual sins.[51] This also coincides with traditional Jewish interpretations of these texts as well.[52]

The primary word in contention is the Hebrew word yâda‛ used for know in the Old Testament. Biblical scholars disagree on what "know" in this instance refers to, but most of conservative Christianity interprets it to mean "sexual intercourse",[53][54] while the opposing position interprets it to mean "interrogate."[55] Lot's offering of his two virgins has been interpreted to mean that Lot is offering a compromise to assure the crowd that the two men have no untoward intentions in town, or that he is offering his virgins as a substitute for the men to "know" by sexual intercourse.

Those who oppose the interpretation of sexual intent toward Lot's guests point out that there are over 930 occurrences of the Hebrew word (yâda‛) for "know" in the Old Testament, and its use to denote sexual intercourse only occurs about a dozen times, and in the Septuagint it is not rendered sexually. Countering this is the argument that most of the uses of yâda‛ denoting sex is in Genesis,[56] (including once for premarital sex: Genesis 38:26), and in verse 8 sex the obvious meaning. Its use in the parallel story in Judges 19 is also invoked in support of this meaning,[57][58] with it otherwise providing the only instance of "knowing" someone by violence.

Islam

While the Quran clearly disapproves of the sexual practices of the "people of Lot" ("What, of all creatures do ye come unto the males, and leave the wives your Lord created for you?"[59]), only one passage can be interpreted as taking a particular legal position towards such activities:

"As for the two of you who are guilty thereof, punish them both; and if they repent and improve, then let them be. Lo, God is relenting, merciful."[60]

Hadith (reports of Muhammad's sayings and deeds from those close to him in his lifetime) on the subject are inconsistent, with different writers interpreting the Prophet in different ways.[61] Shariah (Islamic law) defines sodomy outside marriage as adultery or fornication or both, and it thus attracts the same penalties as those crimes (flogging or death), although the exact punishment varies with schools and scholars.[62] In practice, few modern Muslim countries have legal systems based fully on Shariah, and an increasing number of Muslims do not look to shariah but to the Quran itself for moral guidance.[62] For sodomy within marriage, the majority of Shiite interpreters hold that (1) anal intercourse, while strongly disliked, is not haram (forbidden) provided the wife agrees; and (2), if the wife does not agree, then it is preferable to refrain.[63]

Despite the formal disapproval of religious authority, gender segregation in Muslim societies and the strong emphasis on virility leads adolescents and unmarried young men to seek alternative sexual outlets to women, especially with males younger than themselves.[64] Not all sodomy is homosexual, but for many young men heterosexual sodomy is considered better than vaginal penetration, and female prostitutes report the demand for anal penetration from their male clients.[65]

See also

References

Notes
  1. ^ Shirelle Phelps (2001). World of Criminal Justice: N-Z. Gale Group. p. 686. ISBN 0787650730. Retrieved January 13, 2014.
  2. ^ Criminal Law and Procedure. Cengage Learning. 2013. p. 185. ISBN 128554613X. Retrieved January 13, 2014. {{cite book}}: Unknown parameter |authors= ignored (help)
  3. ^ David Newton (2009). Gay and Lesbian Rights: A Reference Handbook, Second Edition. ABC-CLIO. p. 85. ISBN 1598843079. Retrieved January 13, 2014.
  4. ^ Zondervan Illustrated Bible Dictionary. Zondervan. 2011. pp. 1584 pages. ISBN 0310492351. Retrieved September 21, 2013. {{cite book}}: Unknown parameter |authors= ignored (help)
  5. ^ Nicholas C. Edsall (2006). Toward Stonewall: Homosexuality and Society in the Modern Western World. University of Virginia Press. pp. 3–4. ISBN 0813925436. Retrieved September 21, 2013.
  6. ^ a b Colin Sumner (2008). The Blackwell Companion to Criminology. John Wiley & Sons. pp. 310–320. ISBN 0470998954. Retrieved September 21, 2013.
  7. ^ Sullivan, Andrew (March 24, 2003). "Unnatural Law". The New Republic. Retrieved November 27, 2009. Since the laws had rarely been enforced against heterosexuals, there was no sense of urgency about their repeal. (Or Sullivan, Andrew (2003-03-24). "Unnatural Law". The New Republic. 228 (11).)
  8. ^ myetymology.com, Sodomy
  9. ^ sodomy laws
  10. ^ Lawrence v. Texas in which The U.S. Supreme Court ruled 6-3 that sodomy laws are unconstitutional on June 26, 2003
  11. ^ See Paragraph 175 StGB, version of June 28, 1935.
  12. ^ "Sodomi" (Ordbog over det danske Sprog)
  13. ^ Merriam-Webster's Online Dictionary. Main Entry: sod[3,noun]. "Etymology: short for sodomite. Date: 1818."
  14. ^ sod2 Compact Oxford English Dictionary, "ORIGIN abbreviation of SODOMITE." June 23, 2005. ISBN 978-0-19-861022-9
  15. ^ Ian McCormick, Secret Sexualities: A Sourcebook of 17th and 18th Century Writing. (London and New York: Routledge), p. 9, p. 11.
  16. ^ Boswell, pp. 92–98
  17. ^ Anderson, Ray Sherman (2001), The shape of practical theology: empowering ministry with theological praxis, InterVarsity Press, p. 267, ISBN 978-0-8308-1559-3
  18. ^ Jewett, Paul; Shuster, Marguerite (1996), Who we are: our dignity as human : a neo-evangelical theology, Wm. B. Eerdmans Publishing, p. 296, ISBN 978-0-8028-4075-2
  19. ^ Boswell, p. 97
  20. ^ Albert Barnes' Notes on the Bible
  21. ^ Vincent's Word Studies
  22. ^ Commentary on the Old and New Testaments by Robert Jamieson, A. R. Fausset and David Brown
  23. ^ Word pictures in the New Testament, Archibald Thomas Robertson
  24. ^ Gill, Gn. 19
  25. ^ The works of Philo a contemporary of Josephius Page 528
  26. ^ http://www.ccel.org/j/josephus/works/ant-1.htm
  27. ^ trans. in Derrick Sherwin Bailey, Homosexuality and the Western Christian Tradition, (London: Longmans, Green, 1955), 73-74
  28. ^ For the legal and cultural background in Republican and Imperial Rome prior to Christian rule, see Sexuality in ancient Rome and Lex Scantinia.
  29. ^ Jewish philosopher, Writing on the life of Abraham
  30. ^ Commentary on the sin of Sodom
  31. ^ Antiquities 1.11.1
  32. ^ 33-34; ET Jonge 422-23; The Sodom tradition in Romans Biblical Theology Bulletin, Spring, 2004 by Philip F. Esler
  33. ^ Confessions. Commenting on the story of Sodom from Genesis 19
  34. ^ Testament of Benjamin; Concerning a Pure Mind, 9:1
  35. ^ Testament of Naphtali, 3.5
  36. ^ Book of the Secrets of Enoch (Slavonic Apocalypse of) 10:4; in J recension Ch. I.118 (late 1st century AD)
  37. ^ G. Legman "The Guilt of the Templars" (New York: Basic Books, 1966): 11.
  38. ^ Encyclopædia Britannica 11th ed. "Knights Templar"
  39. ^ Oxford English Dictionary
  40. ^ Crimes tried at the Old Bailey, Proceedings of the Old Bailey online
  41. ^ Rictor Norton, The Dutch Purge of Homosexuals 1730
  42. ^ See
  43. ^ Alternative date April 8, 1835 seen 2012
  44. ^ U.S. v. Stirewalt
  45. ^ U.S. v. Marcum
  46. ^ United States v. Meno, United States Court of Criminal Appeals Archived 2008-02-27 at the Wayback Machine
  47. ^ The Inhospitable Sodomites
  48. ^ Tzedakah Activists vs. Sodomites, Shema Yisrael Torah Network
  49. ^ Robert A. J. Gagnon, The Bible and Homosexual Practice, pp. 73-74
  50. ^ Gagnon, Why the Disagreement over the Biblical Witness on Homosexual Practice, pp. 46-50 Archived 2008-05-12 at the Wayback Machine
  51. ^ Derrick Bailey, Homosexuality and the Western Christian Tradition (Hamden: Conn.: Archon, 1975 reprint from 1955), 4-5
  52. ^ "The Destruction of Sodom The Destruction of Sodom". Chabad.org. Chabad (Chabad-Lubavitch Hasidic movement). Retrieved 4 April 2015.
  53. ^ Greg Bahnsen, Homosexuality: A Biblical View (Phillipsburg: Presbyterian and Reformed Publishing, 1978), p. 32.
  54. ^ A Reformed Response to Daniel Helminiak's Gay Theology, by Derrick K. Olliff and Dewey H. Hodges
  55. ^ John J. McNeil, the Church and the Homosexual, p. 50
  56. ^ Homosexuality and the Old Testament, P. Michael Ukleja
  57. ^ Sodom—Inhospitality or Homosexuality?, by Dave Miller, Ph.D., Apologetics Press
  58. ^ Dr. James B. DeYoung, Homosexuality, pp. 118-122
  59. ^ Sura 26:165-167, quoted in Wafer, p.88
  60. ^ Sura 4:16, quoted in Wafer, p.88
  61. ^ Wafer, p.89
  62. ^ a b Jivraj&de Jong, p.2
  63. ^ Al-Islam.org
  64. ^ Schmitt&Sofer, p.36
  65. ^ Dialmy, pp.32 and 35, footnote 34
Bibliography
  • Boswell, John, Christianity, Social Tolerance, and Homosexuality (University Of Chicago Press; 8th Edition. edition, 2005).
  • Crompton, Louis, Homosexuality and Civilization (Belknap Press, 2003)
  • Dialmy, Abdessamad (2010). Which Sex Education for Young Muslims?. World Congress of Muslim Philanthropists.
  • Davenport-Hines, Richard, Sex, Death and Punishment: Attitudes to sex and sexuality in Britain since the Renaissance (William Collins and Sons Ltd, 1990)
  • Hays, Richard B. (2004), The Moral Vision of the New Testament (London: Continuum). pg. 381
  • Goldberg, Jonathan, Reclaiming Sodom (London and New York: Routledge, 1994)
  • Jahangir, Junaid bin (2010). "Implied Cases for Muslim Same-Sex Unions". In Samar Habib (ed.). Islam and homosexuality, Volume 2. ABC-CLIO.
  • Jordan, Mark D., The Invention of Sodomy in Christian Theology (Chicago: University of Chicago Press, 1998).
  • Laqueur, Thomas, Making Sex: Body and Gender from the Greeks to Freud (Harvard University Press, 1990).
  • Maccubbin, Robert Purks (ed.), 'Tis Nature's Fault: Unauthorized Sexuality During the Enlightenment (Cambridge University Press, 1988)
  • McCormick, Ian (ed) Secret Sexualities: A Sourcebook of 17th and 18th Century Writing. (London and New York: Routledge)
  • Schmitt, Arno; Sofer, Jehoeda (1992). Sexuality and Eroticism among Males in Muslim Societies. Haworth Press.
  • Schmitt, Arno (2001–2002). Liwat im Fiqh: Männliche Homosexualität?, Volume IV. Journal of Arabic and Islamic Studies.
  • Van Jivraj, Suhraiya; de Jong, Anisa (2001). Muslim Moral Instruction on Homosexuality. Yoesuf Foundation Conference on Islam in the West and Homosexuality – Strategies for Action.
  • Wafer, Jim (1997). "Mohammad and Male Homosexuality". In Stephen O. Murray & Will Roscoe (ed.). Islamic Homosexualities: Culture, History and Literature. New York University Press.
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