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LGBTQ history in the United States

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Through Bisexuality, Transgender and Persecution

Until the 20th century, it was uncommon for LGBTQ individuals to live open lives due to persecution and social ostracism. The nation's Protestant roots led to a heteronormative culture, reinforced through sodomy laws, often falsely attributed to Puritans. These laws began when King Henry VIII established himself as head of the Church of England. With this came The Buggery Act 1533. Before this, while the Catholic Church was known to prosecute sodomites from time to time, sodomy was considered a church issue secular courts had little interest in.

This stigma forced most LGBTQ people to live in the closet. LGBTQ life before the mid-20th century, especially that of lesbians, is mostly preserved through personal writings.

The process of decriminalizing sodomy began in 1962 with the repeal of Illinois's anti-sodomy statute. This process continued until 2003, when Lawrence v. Texas ruled the 14 remaining anti-sodomy statutes unconstitutional. In 1973, the American Psychiatric Association declassified homosexuality as a mental disorder.

In the mid-20th century, gay men and lesbians began organizing movements to advocate for their rights. As the century went on, bisexual and transgender individuals gained visibility and the GLBT acronym was formed. Key social advances of the 20th and 21st centuries included the decriminalization of homosexuality, the creation of domestic partnerships, anti-discrimination legislation at the state and local levels, advocacy for HIV/AIDS patients, and the legalization of gay marriage.

Colonial Era

Indigenous America

Based on the scholarship of Jonathan Ned Katz, the oldest existing record of LGBTQ individuals in North America dates to the 1542 book "La Relación" ("The Account") by Spanish explorer Alvar Núñez Cabeza de Vaca. While relaying his experience living with the Karankawa people somewhere off the coast of the Atlantic Plain from 1527–1534, Cabeza de Vaca described "...a man married to another man. These are womanish, impotent men who cover their bodies like women and do women's tasks."

Cabeza de Vaca's account is perhaps the earliest written record of the gender diversity in Native American communities, most of which did not adhere to a strict binary system. Classes of people who existed outside the gender binary were recorded in over 150 indigenous nations, including the Cherokee, Chumash, Pueblo, Navajo, Kutenai and Choctaw. This class had many names across different Native American communities and languages, but a popular contemporary term is two-spirit.

Protestant Reformation

British anti-sodomy laws began when King Henry VIII created The Buggery Act 1533, which meant a death penalty and confiscation of property for those convicted of buggery/sodomy. Sodomy at the time had a broader definition, including bestiality, masturbation, and heterosexual anal intercourse.

The new civil sodomy laws were primarily used to confiscate property from monasteries and weaken the Catholic Church's influence in England. Approximately 180 monks and nuns confessed to sodomy (believed to primarily be confessions of masturbation).

Henry's successors, Edward VI and Lady Jane Grey, kept the Buggery Act but the next monarch, Mary I, believed matters of sodomy to be a church issue and repealed these laws in her first year of rule. They were reinstated by Queen Elizabeth. Her own successor, King James (Mary Queen of Scots' son and believed to be homosexual himself) did not repeat Queen Mary of England's actions by repealing the sodomy laws. They remained in place as British colonization began with the establishment of Jamestown in 1607. This brought sodomy law with its death penalty to America. Subsequent British colonies repeated this pattern.

Colonies in the early 1600s were established with Christian norms. These norms included the traditional heterosexual family structure with a man and a woman.

Edward Coke was appointed by King James I, and his interpretation of sodomy laws would be a heavy influence upon American colonies. He made distinction between Buggery (Sodomitae men with man or beast) and Pederasty (Paederasts/Pecorantes – men with boy), the latter he considered a "species" of buggery which Lumbards (Italians) brought to England. What constituted sodomy as a crime he determined respective to heterosexual rape laws ("emissio seminis without penetration maketh no rape"): sodomy was only a crime if penetration occurred. In such an event, both parties involved (regardless of consent) were guilty, though he called for boys under 14 not be punished.

The only colony to not fully codify the death penalty for sodomy was Quaker Pennsylvania. White men would be imprisoned; Black men (both enslaved and free) could still risk execution.

However, prosecutions rarely happened and when they did, the death penalty was rarely enforced. Documented executions for sodomy began in 1624 with Richard Cornish, a member of the Virginia Colony, who assaulted an indentured servant.

After America was founded in 1776, the death penalty in each colony/state was slowly replaced with imprisonment. The laws themselves, however, would not be abolished for another 200 years.

Jamestown

Jamestown was established in 1607. The early years of Jamestown were harsh and marked by starvation. John Smith's diaries indicate some men exchanged "love" for food, with a footnote of "sailor's abuses." Sodomy laws were established in 1610, though mostly ignored.

Jamestown was notably heavily male dominated, which would persist for several decades. Such situations have been known to prompt "situational sexuality," which makes studies of identity-based sexuality complicated.

In 1629, a controversy arose when Thomas/Thomasine Hall, a "maidservant," was caught in bed with another woman and word spread that they were really a man. Homosexual fornication was a crime under Jamestown law, and this would have meant prosecution. However, Hall was intersex, had lived as both a man and woman, and identified as both. After multiple inspections of Hall's genitals, the court gave up trying to classify Hall, who was sentenced to wear men's clothing with women's accessories.

Maryland

Maryland was founded in 1634. Similar to Jamestown, it suffered a disproportionate male population. Many formed households of "mates," or mateships, where groups of two or more men would live in the same house and share work/property claims. Romantic mateships may have existed in such circumstances. "Historians John D'Emilio and Estelle Freeman have argued that the Chesapeake region's early gender imbalance led to a looser policing of sexual norms and most likely led to a certain level of acceptance of male-male sexual liaisons"

Puritans

Much of what we know of Puritans' approach to homosexuality comes from:

  • Sodomy laws vs actual sodomy prosecutions
  • Sermons
  • The trial of Nicolas Sension – a man who paid and pressed male servants and young men into sleeping with him for 30 years
  • The diary of Reverend Michael Wigglesworth – a minister and teacher at Harvard who struggled with his love/lust for men

Separatists arrived in Plymouth in 1620, followed by Puritans in Salem (1625) and Boston (1626). In the beginning, Puritans defaulted to British law, but eventually created their own sodomy laws with citation to Leviticus: Plymouth in 1636, Massachusetts Bay Colony in 1641, and New Haven in 1642.

Puritans showed a certain "tolerance" to homosexuality, which historians have struggled to explain. The same sodomy laws applied to bestiality, which brought extremely harsh punishment, including several executions. One explanation for this tolerance was they cared far more about threats to community peace than to sexual morality. Another is that Puritans strictly defined sodomy as penetration, accusations required at least two witnesses (which were hard to get), and false accusations of a capital crime could risk its own punishment.

For men who faced homosexual sodomy accusations, the death penalty was often avoided in favor of warnings or whippings unless children were involved. The only two men executed for sodomy were New Haven's John Knight, who assaulted a 14-year-old boy and (previously) a 14-year-old girl, and William Plaine, who "had corrupted a great part of the youth of Guilford by masturbations...above a hundred times."

Beginning in 1648, Massachusetts Bay updated its sodomy laws to absolve boys under 14 and victims of assault, and Plymouth followed suit in 1671. In other colonies, like New Netherlands, such people could still risk punishment.

The first (documented) conviction for lesbian behavior in America took place in 1649 with the prosecution of Sarah White Norman and Mary Vincent Hammon. Sarah Norman was required to publicly apologize; Mary Vincent received no punishment, as it is believed that she was only 15 years old at the time.

Aftermath of Puritans

Puritans held the usual bigotries of their time and place. However, they were unique among Christian communities for placing a heavy value in education and having a willingness to abandon traditions in pursuit of moral good. This began to result in diversity and conflicts in biblical interpretation, which led Puritanism to fracture into presbyterians, congregational branches, and sects for what is now Unitarian Universalism. These would eventually become some of the most LGBTQ-affirming Christian denominations in the US.

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