Homosexuality in Early America

Homosexuality in Early America

By Elizabeth Roden

As recalled from a certain class lecture concerning the pre-Columbian era, the Native Americans highly respected homosexuals in the tribe, often called "two spirits" or "berdaches". These were usually men in the tribe who dressed and presented themselves as women. They were held in high regard because they could perform two times the work that the average woman would be able to, mostly because of their muscularity. The role of a two spirit was associated with power, wealth, and a way of connection to the spirit world.¹ Upon arrival of the colonists, the newcomers were so disgusted with the idea of homosexuality that they attempted to dismantle the practice between Native Americans. Even with the efforts of the American settlers, the practice of diverse gender roles is still practiced today in Native American tribes and reservations.²

The first act against homosexuality was proposed by King Henry VIII in 1533. The law made the act of "buggery with mankind" a capital felony, punishable by death. The law was based off of the Christian biblical verse Leviticus (20:13), which stated that men who commit sexual acts with men should be punished by death.³ The first person recorded to be hanged for acts of sodomy with another man was Richard Cornish of Virginia. It seems that it is historically more acceptable for a woman to commit an act of homosexuality than a man. While men are sentenced to death, women are "merely" whipped or counseled.⁴ The exception is the New Haven Colony, which is the only American colony that harshly criminalized sexual acts between women, making the it an act punishable by death.³

In the Nicholas Sension case, there was a requirement of two witnesses to the act of sodomy for it to be proven. There had been only one witness to Nicholas's act, therefore the court had only ruled him to have attempted sodomy. Because of his wealth and high status in the community, his sentence was lenient, and didn't consist of an actual "material punishment". The fact that the sodomy act committed by Sension continued for thirty years and was well known in the community states that there was a higher than thought of tolerance for homosexuality. Even with the "harsh" punishments, homosexuality and sodomy amongst the colonist was endured.⁵

After years of the states repealing the death sentence on homosexuality and sodomy one by one, in 1873 South Carolina became the final state to repeal the law.³ Today, the act of homosexuality is tolerated and accepted amongst many. Many Christians still believe in the Leviticus verse mentioned above, and do not favor the movement towards gay marriage. However, a recent survey shows that in twenty years (since 1991) the percentage of Americans who would consider themselves Christian has dropped drastically from 86% to 75%.⁶ The decrease in the faith of the verse and the elevated tolerance for homosexuality will likely push the vote for gay marriage in favor. It is only a matter of time before the culture of America will progress to allow for the liberty of homosexuals.

1 Moore, Crystal. "Native American Sexuality Sexual Violation in the Conquest of the Americas." lecture., UNCC, .
2 Stein, Marc, ed. Encyclopedia of Lesbian, Gay, Bisexual and Transgender History in America. Charles Scribners & Sons, 2003. s.v. "a chronology of U.S. lesbian, gay, bisexual, and transgender history." http://www.gale.cengage.com/pdf/Chronology/LesbianGayChrono.pdf (accessed February 20, 2014).
3 ny5, . "Homosexuality in Colonial America: How far have we come?." BLOG or DIE. (blog), 05 25, 2011. http://www.pinstripepress.net/PPBlog/index.blog/1426913/homosexuality-in-colonial-america-how-far-have-we-come/ (accessed February 20, 2014).
4 Moore, Crystal. "Sex in Colonial America 1400-1800." lecture., UNCC, .
3 ny5, . "Homosexuality in Colonial America: How far have we come?." BLOG or DIE. (blog), 05 25, 2011. http://www.pinstripepress.net/PPBlog/index.blog/1426913/homosexuality-in-colonial-america-how-far-have-we-come/ (accessed February 20, 2014).
5 N.A., OurHistory.org, "Sodomy Case: Nicholas Sension, Connecticut, May 22, 1677." Accessed February 20, 2014. http://outhistory.org/exhibits/show/the-age-of-sodomitical-sin/1670s/sodomy-case-nicholas-sension-m.
3 ny5, . "Homosexuality in Colonial America: How far have we come?." BLOG or DIE. (blog), 05 25, 2011. http://www.pinstripepress.net/PPBlog/index.blog/1426913/homosexuality-in-colonial-america-how-far-have-we-come/ (accessed February 20, 2014).
6 N.A., Turner Broadcasting System, Inc., "America becoming less Christian, survey finds." Last modified 03 09, 2009. Accessed February 20, 2014. http://www.cnn.com/2009/LIVING/wayoflife/03/09/us.religion.less.christian/.