Criminalization of homosexuality
Laws criminalizing same-sex acts have varied across regions and eras.
The criminalization of homosexuality refers to the classification of same-sex sexual acts as criminal offenses in various regions throughout history. Such laws, though often unenforced regarding consensual conduct, contribute to police harassment, stigmatization, and violence against homosexual and bisexual people, and exacerbate the HIV epidemic by discouraging men who have sex with men from seeking preventative care or treatment. Justifications for these laws have included the scientifically discredited idea that homosexuality can be acquired, public revulsion, and condemnation by Abrahamic religions, while arguments against criminalization emerged during the Enlightenment, citing practical enforcement difficulties, excessive state intrusion, and human rights violations.
- historical_origin
- The first known Roman law to mention same-sex relations was the Lex Scantinia, likely prohibiting free Roman citizens from taking the passive role in same-sex acts.
- decriminalization_peak
- A major wave of decriminalization started after World War II, diffused globally, and peaked in the 1990s.
Lore & Background
The Assyrian Laws contain a disputed passage punishing homosexual relations, while the first known Roman law, the Lex Scantinia, likely prohibited free Roman citizens from taking the passive role in same-sex acts. Christianization of the Roman Empire increased disapproval, and Byzantine emperor Justinian introduced laws against same-sex sexuality in the sixth century, calling such acts 'contrary to nature.' In 15th-century central Mexico, homosexual acts between men could be punished by disembowelment and smothering in hot ashes. During the late Middle Ages, many European jurisdictions added sodomy prohibitions to secular law, with punishments ranging from fines to burning at the stake.
Reader's Guide
The criminalization of homosexuality has had profound and lasting effects on societies worldwide. Colonial legal codes, particularly those from the British Empire, have perpetuated criminalization in many postcolonial states, while French colonial influence often led to decriminalization due to the abolition of such laws during the French Revolution. The post-World War II period witnessed a global decriminalization trend, peaking in the 1990s, though recent years have seen increased enforcement in some African countries due to politicization and the mistaken belief that homosexuality is a Western import. These laws continue to contribute to police harassment, stigmatization, violence, and the exacerbation of the HIV epidemic.
Did You Know?
- The first known Roman law to mention same-sex relations was the Lex Scantinia, but its actual text is lost.
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