Lesbianism and the Law

By David Hamblen, Esquire

Counsellor at Law, Massachusetts Bar

Lesbianism, or female homosexuality, has not been the subject of such extensive investigation by the law as male homosexuality has been, but even so, Lesbianism does come under legal scrutiny. A review of the reasons for legal preoccupation with male homosexuality is necessary, if the reasons for any legal preoccupation with female homosexuality are to be understood.

There appear to be two lines of legal reasoning by which male homosexuality is held illegal

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first, it is

not in accord with our Judaeo-Christian civilization; it is un-Christian (Romans 1:24-27; second, homosexuality may result in taking advantage of children. The first line stems from Old Testament days when it car– ried the death penalty (Leviticus 20:13), while the cond line has to do with the enforcement of humane treatment of children, and this line is less than 250 years old.

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In Old Testament days Baal was the god of the religion opposing the wor ship of Jehovah, and certain rites of the priests of Baal were of a homosexual nature. Hence, male homosexuality became significant of adherence to the religion hostile to the worship of Jehovah, or treason to God (1 Kings:12).

Hence, male homosexuality is punishod because it is treason to God. By analogy female homosexuality was held by Saint Paul to be un-Christian (Romans 1:26).

When the Roman Empire was Christianized, male homosexuality was punished by death (Corpus Juris Civilis, Institutionum Justianiani Lib IV Tit XVIII De Publici s Judiciis 533 A.D.). When England was Christianized, male homosexuality was punished by burning the guilty one alive (Laws of King Edgar 77, o. 970 A.D.).

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