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The Strix Mythology

Demystified

ISAAC CHRISTOPHER LUBOGO

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The Strix Mythology Demystified
© 2023 Isaac Christopher Lubogo

The right of Isaac Christopher Lubogo to be identified as the author of this book has been
asserted by him in accordance with the Copy right and Neighboring Rights Act, 2006
All rights reserved. No part of this publication may be reproduced or transmitted in whole or in
part in any form or by any means, electronic or mechanical, including photocopy, recording or
any information storage and retrieval system, without permission in writing from the author.
First Edition 2023

First Edition 2023

ISBN: 978-8913-733-31-4

First printed in the Uganda

This book is also available online as an e-book at Amazon (https://amazon.com)

First published in Uganda by:

Jescho Publishing House
A member of Jescho Group Ltd
Maria’s Galleria, Level 3 Room 17,
Luwum Street,
Kampala (U), East Africa.
Tel: +256 393 256 545, +256 782 395 293
+256 702 055 211, +256 752 055 211
E-mail: [email protected]
Website: www.jeschogroupltd.co.ug

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 The Strix Mythology Demystified

Table of Contents
THE STRIX MYTHOLOGY DEMYSTIFIED ............................................................................................ 2
THE ORIGINS OF HOMOSEXUALITY: A COMPREHENSIVE GUIDE ............................................. 17
ABSTRACT ................................................................................................................................................ 17
CHAPTER ONE ......................................................................................................................................... 18
ORDER, PATTERN & ORDER AND INTELLINGENCE ARGUMENTS TOWARDS
HOMOSEXUALITY. ................................................................................................................................. 18
NATURE V NURTURE............................................................................................................................. 41
NATURE AND NURTURE PERSPECTIVES OF HOMOSEXUALITY ................................................ 42
NATURE: GENETICS AND HOMOSEXUALITY .................................................................................. 44
NATURE: NATURAL AND INHERENT................................................................................................. 44
NATURE: SURFACING OF A NATURAL INCLINATION ................................................................... 45
CHAPTER TWO ........................................................................................................................................ 47
NURTURE: NURTURING A HEALTH PERSPECTIVE OF HOMOSEXUALITY ............................... 47
DISCUSSION ............................................................................................................................................. 49
CHAPTER THREE .................................................................................................................................... 52
NATURAL LAW THEORY ON HOMOSEXUALITY ............................................................................ 52
THE NATURAL LAW THEORY IN ETHICS AND ITS PRESCRIPTIONS .......................................... 57
CHAPTER FOUR ....................................................................................................................................... 63
THE HOMOSEXUALITY DEBATE AND THE MORAL ABHORRENCE OF THE ACT ................... 63
CHAPTER FIVE ........................................................................................................................................ 79
ORIGIN OF HOMSEXUALITY ................................................................................................................ 79
HOMOSEXUALITY IN ANCIENT GREECE .......................................................................................... 80
PEDERASTY ............................................................................................................................................. 81
IN THE MILITARY ................................................................................................................................... 83
LOVE BETWEEN ADULT MEN ............................................................................................................. 84
ACHILLES AND PATROCLUS ............................................................................................................... 85
THESEUS AND PIRITHOUS ................................................................................................................... 86
ORESTES AND PYLADES....................................................................................................................... 86
ALEXANDER AND HEPHAESTION ...................................................................................................... 87
LOVE BETWEEN ADULT WOMEN ....................................................................................................... 88
CHAPTER SIX ........................................................................................................................................... 91
ANCIENT ROME ...................................................................................................................................... 91
MALE–MALE SEX IN ACIENT ROME. ................................................................................................. 92

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CINAEDUS ................................................................................................................................................ 92
CONCUBINUS........................................................................................................................................... 93
EXOLETUS ................................................................................................................................................ 94
PATHICUS ................................................................................................................................................. 95
PUER .......................................................................................................................................................... 96
PUER DELICATUS ................................................................................................................................... 96
EMPEROR DOMITIAN ............................................................................................................................ 97
SUBCULTURE .......................................................................................................................................... 97
MARRIAGE BETWEEN MALES ............................................................................................................. 98
EMPEROR NERO ...................................................................................................................................... 98
MALE–MALE RAPE ................................................................................................................................. 99
SAME-SEX RELATIONS IN THE MILITARY ..................................................................................... 100
CHAPTER SEVEN .................................................................................................................................. 110
PROMINENT FIGURES WHO ENGAGED IN HOMOSEXUALIY..................................................... 110
KING JAMES I OF ENGLAND (1566 - 1625) ....................................................................................... 110
KING EDWARD II OF ENGLAND (1284 - 1327) ................................................................................. 111
EMPEROR HADRIAN OF ROME (76 - 138 A.D.) ................................................................................ 112
ARCHDUKE LUDWIG VIKTOR OF AUSTRIA (1842 - 1919) ............................................................ 112
EMPEROR AI OF HAN (27 - 1 B.C.) ..................................................................................................... 113
AL-HAKAM II OF CÓRDOBA (915 - 976)............................................................................................ 113
QUEEN ANA NZINGA OF NDONGO (1583 - 1663) ............................................................................ 114
QUEEN ANNE OF ENGLAND (1665 - 1714)........................................................................................ 115
PRINCESS ISABELLA OF PARMA (1741 - 1763) ............................................................................... 116
MWANGA II OF BUGANDA (1868 - 1903) .......................................................................................... 116
CHAPTER EIGHT ................................................................................................................................... 118
SPARTACUS SERIES THAT DEPICTED SEXUALITY IN ANCIENT ROME. ................................. 118
COMPARISON WITH OTHER SEPICIES ............................................................................................. 120
CHAPTER NINE ...................................................................................................................................... 123
HOMOSEXUALITY APPLICATION TO ANIMALS. .......................................................................... 123
BONOBOS ............................................................................................................................................... 126
GIRAFFES ................................................................................................................................................ 127
GORILLAS ............................................................................................................................................... 127
PENGUINS ............................................................................................................................................... 127
ELEPHANTS ............................................................................................................................................ 128
AMAZON DOLPHINS ............................................................................................................................ 129

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AMERICAN BISONS .............................................................................................................................. 129

REPTILES ................................................................................................................................................ 130
LIZARDS .................................................................................................................................................. 130
TORTOISES ............................................................................................................................................. 130
INSECTS AND ARACHNIDS ................................................................................................................ 130
DRAGONFLIES ....................................................................................................................................... 131
FRUIT FLIES ........................................................................................................................................... 131
BED BUGS ............................................................................................................................................... 132
JAPANESE MACAQUE .......................................................................................................................... 132
ORANGUTANS ....................................................................................................................................... 132
MONKEYS ............................................................................................................................................... 133
SHEEP ...................................................................................................................................................... 133
SPOTTED HYENAS ................................................................................................................................ 134
VULTURES .............................................................................................................................................. 135
PIGEONS .................................................................................................................................................. 135
BLACK SWANS ...................................................................................................................................... 135
THE SPREAD OF HOMOSEXUALITY AND ITS GAIN OF MORAL SUPPORT. ............................ 136
CHAPTER TEN........................................................................................................................................ 143
A CENTURY OF ACTIVISM ................................................................................................................. 143
MEDIA REPRESENTATION .................................................................................................................. 145
EVENTS THAT HAVE FAVOURED ITS SPREAD.............................................................................. 146
INTERNATIONAL TRANSGENDER DAY OF VISIBILITY .............................................................. 146
TRANSGENDER AWARENESS WEEK ............................................................................................... 146
TRANSGENDER DAY OF REMEMBRANCE ...................................................................................... 146
TRANS MARCH ...................................................................................................................................... 146
PRIDE SYMBOLS ................................................................................................................................... 147
GAIN OF MORAL SUPPORT ................................................................................................................ 147
CHAPTER ELEVEN ................................................................................................................................ 150
THE POSITIVE AND NEGATIVE PERCEPTIONS TOWARDS HOMOSEXUALITY ...................... 150
POSITIVE PERSONAL CONCEPTUALIZATIONS OF BEING GAY/BISEXUAL ............................ 150
FLEXIBILTY ........................................................................................................................................... 151
ENVIRONMENTAL FLEXIBILITY....................................................................................................... 151
GENDER FLEXIBILITY ......................................................................................................................... 152
CONNECTEDNESS................................................................................................................................. 153
NEGATIVE PERCEPTIONS ................................................................................................................... 156

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EMPLOYMENT DISCRIMINATION..................................................................................................... 157

CHAPTER TWELVE ............................................................................................................................... 158
RELIGIOUS EXEMPTIONS: .................................................................................................................. 158
CHAPTER THIRTEEN ............................................................................................................................ 160
QUEER THEORY AND THE SOCIAL CONSTRUCTION OF SEXUALITY ..................................... 160
QUEER CRITICISM ................................................................................................................................ 165
CHAPTER FOURTEEN .......................................................................................................................... 168
HOMOSEXUALITY AS A HUMAN RIGHT VERUS MORALS. ........................................................ 168
HOMOSEXUALITY AS AGAINST MORALITY ................................................................................. 169
HOMOSEXUALITY AS A HUMAN RIGHT ......................................................................................... 170
EQUALITY AND FAIRNESS ................................................................................................................. 170
AUTONOMY AND PERSONAL FREEDOM ........................................................................................ 171
SIGNIFICANCE OF DUDGEON V UNITED KINGDOM .................................................................... 173
LOCUS STANDI (STANDING). ............................................................................................................. 174
CHAPTER FIFTEEN ............................................................................................................................... 176
POSITION OF GOVERNMENTAL INSTITUTIONS. ........................................................................... 176
PRIVACY ................................................................................................................................................. 176
PUBLIC MORALITY .............................................................................................................................. 180
CHAPTER SIXTEEN ............................................................................................................................... 184
INTERNATIONAL CONVENTIONS ON HOMOSEXUALITY .......................................................... 184
UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR) .......................................................... 185
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) ........................... 186
THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS.................................................. 188
THE ONTARIO HUMAN RIGHTS COMMISSION, ............................................................................. 188
CONVENTION AGAINST TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING
TREATMENT OR PUNISHMENT (CAT): ............................................................................................ 189
DISCRIMINATION: ................................................................................................................................ 192
CHAPTER SEVENTEEN ........................................................................................................................ 193
RELIGIOUS INTERPRETATION........................................................................................................... 193
CHRISTIANITY....................................................................................................................................... 194
BIBLICAL SCRIPTURES AGAINST HOMOSEXUALITY ................................................................. 197
BIBLICAL SCRIPTURES PERCEIVED BY LGBTQIA+ TO BE IN SUPPORT OF
HOMOSEXUALITY ................................................................................................................................ 198
CHAPTER EIGHTEEN............................................................................................................................ 201

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POPULAR ARGUMENTS FOR HOMOSEXUALITY AND AGAINST HOMOSEXUALITY BASED

ON THE RELIGIOUS PERSPECTIVE OF CHRISTIANITY ................................................................ 201
"TO LEARN THE TRUTH ABOUT HOMOSEXUALITY, TALK TO REAL HOMOSEXUALS." .... 201
RESPONSE TO ARGUMENT ONE ....................................................................................................... 202
ARGUMENT TWO: “PEOPLE ARE BORN HOMOSEXUAL. ............................................................ 203
RESPONSE TO ARGUMENT TWO....................................................................................................... 204
ARGUMENT THREE: “STUDIES SHOW THAT HOMOSEXUALITY IS INBORN” ....................... 205
RESPONSE TO ARGUMENT THREE. .................................................................................................. 205
NEUROBIOLOGIST SIMON LEVAY’S 1991 STUDY ON THE BRAINS OF 41 CADAVERS. ....... 205
J. MICHAEL BAILEY AND RICHARD PILLARD’S 1991 STUDY OF TWINS. ............................... 206
ARGUMENT THREE: “HOMOSEXUALITY IS NOT A SIN, BUT A CONDITION OF
SINFULNESS.” ........................................................................................................................................ 207
ONE EX-HOMOSEXUAL EXPLAINS WHY HE “ACCEPTED” HIS HOMOSEXUALITY.............. 208
RESPONSE TO ARGUMENT FOUR ..................................................................................................... 208
ARGUMENT FIVE “HOMOSEXUAL ORIENTATION IS NATURAL OR NORMAL ...................... 210
RESPONSE TO ARGUMENT FIVE. ...................................................................................................... 210
ARGUMENT SIX: “HOMOSEXUAL ORIENTATION IS GOD-GIVEN ............................................. 211
RESPONSE TO ARGUMENT SIX. ........................................................................................................ 211
ARGUMENT SEVEN: “HOMOSEXUAL ORIENTATION IS MORALLY NEUTRAL” .................... 211
RESPONSE TO ARGUMENT SEVEN. .................................................................................................. 211
ARGUMENT EIGHT: “CHANGING THE HOMOSEXUAL ORIENTATION IS DIFFICULT AND
RARE ........................................................................................................................................................ 212
RESPONSE TO ARGUMENT EIGHT. ................................................................................................... 212
ARGUMENT NINE: “ONCE A HOMOSEXUAL, (ALMOST) ALWAYS A HOMOSEXUAL .......... 213
RESPONSE TO ARGUMENT NINE. ..................................................................................................... 213
ARGUMENT TEN: “THERE’S A DIFFERENCE BETWEEN BEING A HOMOSEXUAL AND
PRACTICING HOMOSEXUALITY” ..................................................................................................... 214
RESPONSE TO ARGUMENT TEN ........................................................................................................ 215
ARGUMENT ELEVEN “BEING A HOMOSEXUAL IS NOT A SIN ................................................... 217
RESPONSE TO ARGUMENT ELEVEN. ............................................................................................... 217
ARGUMENT TWELVE “GOD DOES NOT WANT HOMOSEXUALS TO GIVE UP ‘WHO THEY
ARE’ ......................................................................................................................................................... 218
RESPONSE TO ARGUMENT TWELVE. .............................................................................................. 218
THE LOST BOOKS OF THE BIBLE ...................................................................................................... 218
CHAPTER NINTEEN .............................................................................................................................. 219
HISTORY OF THE TRANSLATIONS ................................................................................................... 219

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ISLAM ...................................................................................................................................................... 220

SURAH AL- A’RAF 7:80-84 ................................................................................................................... 221
ZINA VERSE ........................................................................................................................................... 221
SURAH AN-NISA 4:15-16 ..................................................................................................................... 221
CUPBEARERS IN PARADISE ............................................................................................................... 222
IN THE HADITH ..................................................................................................................................... 222
MODERN LAWS IN MUSLIM-MAJORITY COUNTRIES .................................................................. 226
DEATH PENALTY .................................................................................................................................. 229
MINOR PENALTY .................................................................................................................................. 230
LEGALIZATION ..................................................................................................................................... 230
SAME-SEX MARRIAGE ........................................................................................................................ 231
CHAPTER TWENTY .............................................................................................................................. 233
TRANSGENDER ..................................................................................................................................... 233
PUBLIC OPINION AMONG MUSLIMS ................................................................................................ 235
OPINION POLLS ..................................................................................................................................... 235
MUSLIM LEADERS................................................................................................................................ 235
SUNNI ...................................................................................................................................................... 235
SHIA ......................................................................................................................................................... 236
CHAPTER TWENTY-ONE ..................................................................................................................... 239
HOMOSEXUALITY IN THE HEBREW BIBLE .................................................................................... 239
INTERPRETATIONS OF HOMOSEXUAL RELATIONSHIPS ............................................................ 239
PROHIBITIONS FOR HOMOSOCIAL INTERACTION ....................................................................... 240
APPLICABILITY OF BIBLICAL DEATH PENALTY .......................................................................... 241
LESBIAN SEXUAL ACTIVITY ............................................................................................................. 242
CHAPTER TWENTY-TWO .................................................................................................................... 243
SAME-SEX MARRIAGE IN THE MIDRASH AND THE TALMUD .................................................. 243
REASONS FOR THE PROHIBITION .................................................................................................... 243
ORTHODOX JEWISH VIEWS ............................................................................................................... 244
CHAPTER TWENTY-THREE ................................................................................................................ 246
ORTHODOX JEWS WHO ARE HOMOSEXUAL ................................................................................. 246
CHAPTER TWENTY-FOUR .................................................................................................................. 247
EX-GAY ORGANIZATIONS .................................................................................................................. 247
OTHER VIEWPOINTS ............................................................................................................................ 247
CONSERVATIVE JUDAISM.................................................................................................................. 249
CHAPTER TWENTY-FIVE .................................................................................................................... 250

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THE JEWISH THEOLOGICAL SEMINARY OF AMERICA WHICH IS THE MAIN RABBINICAL

SEMINARY OF CONSERVATIVE JUDAISM ...................................................................................... 250
REFORM JUDAISM ................................................................................................................................ 253
RECONSTRUCTIONIST JUDAISM ...................................................................................................... 256
JEWISH RENEWAL ................................................................................................................................ 257
HUMANISTIC JUDAISM ....................................................................................................................... 258
CHAPTER TWENTY-SIX ....................................................................................................................... 259
LGBT-AFFIRMATIVE ACTIVITIES ..................................................................................................... 259
CHAPTER TWENTY-SEVEN ................................................................................................................ 260
INDIAN RELIGIONS .............................................................................................................................. 260
HINDUISM .............................................................................................................................................. 260
THE THIRD GENDER ............................................................................................................................ 264
HINDU RELIGIOUS NARRATIVES ..................................................................................................... 265
HINDU TEXTS ........................................................................................................................................ 267
MAHANIRVANA TANTRA ................................................................................................................... 267
KAMA SUTRA ........................................................................................................................................ 267
DHARMSASTRAS .................................................................................................................................. 270
THIRD-GENDER HINDU SECTS .......................................................................................................... 270
THE HIJRA .............................................................................................................................................. 271
A HIJRA ................................................................................................................................................... 271
THE ARAVANI OR ALI ......................................................................................................................... 271
THE JOGAPPA ........................................................................................................................................ 272
BUDDAISM ............................................................................................................................................. 272
BUDAISM ................................................................................................................................................ 275
UBHATOVYAÑJANAKAS .................................................................................................................... 275
PAṆḌAKAS ............................................................................................................................................. 276
.................................................................................................................................................................. 277
CHAPTER TWENTY-EIGHT ................................................................................................................. 277
LGBTQ+ PEOPLE IN LATER TRADITIONS ....................................................................................... 277
TIBETAN BUDDHISM ........................................................................................................................... 279
THERAVADA BUDDHISM ................................................................................................................... 280
CHAPTER TWENTY-NINE.................................................................................................................... 282
JAPANESE BUDDHISM ......................................................................................................................... 282
CHINESE BUDDHISM ........................................................................................................................... 283
HSING YUN, BUDDHISM PURE AND SIMPLE ................................................................................. 284

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BUDDHISM IN THE WEST ................................................................................................................... 284

BAHÁ'Í FAITH ........................................................................................................................................ 286
BAHÁʼÍ VIEWS ON SEXUALITY ......................................................................................................... 288
SIKHISM AND SEXUAL ORIENTATION ............................................................................................ 289
CHAPTER THIRTY ................................................................................................................................. 291
HOMOSEXUALITY IN SCRIPTURE .................................................................................................... 291
CHAPTER THIRTY-ONE ....................................................................................................................... 292
CURRENT DISCUSSION ....................................................................................................................... 292
IDENTITY FORMATION ....................................................................................................................... 293
NARRATIVE. .......................................................................................................................................... 293
EAST ASIAN RELIGIONS. .................................................................................................................... 294
CONFUCIANISM .................................................................................................................................... 294
TAOISM. .................................................................................................................................................. 294
RADICAL FAERIES................................................................................................................................ 295
WICCA ..................................................................................................................................................... 295
SATANISM .............................................................................................................................................. 295
CHAPTER THIRTY-TWO ...................................................................................................................... 296
UNITARIAN UNIVERSALISM .............................................................................................................. 296
HUMANISM ............................................................................................................................................ 297
CANDOMBLÉ ......................................................................................................................................... 297
UNIFICATION CHURCH ....................................................................................................................... 298
RELIGIOUS GROUPS AND PUBLIC POLICY. ................................................................................... 298
CHAPTER THIRTY-THREE .................................................................................................................. 299
ATHEIST INTERPRETATION ............................................................................................................... 299
ATHEIST VIEWS .................................................................................................................................... 299
DECLINED BELIEF AND HIGH RATES OF NON-RELIGIOUSNESS AMONGST LGBTQIA ....... 303
CRITICISM TOWARDS ATHEISM AND HOMOSEXUALITY .......................................................... 304
CHAPTER THIRTY-FOUR ..................................................................................................................... 306
THE AFRICAN ATTITUDE TOWARDS ATHEISM AND HOMOSEXUALITY ............................... 306
LGBTQIA+ ............................................................................................................................................... 307
BISEXUALITY ........................................................................................................................................ 310
CHAPTER THIRTY-FIVE ...................................................................................................................... 312
TRANSGENDER ..................................................................................................................................... 312
TRANSSEXUAL ...................................................................................................................................... 315
DISTINCTIONS BETWEEN THE TERMS TRANSGENDER AND TRANSSEXUAL ...................... 316

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MEDIA REPRESENTATION. ................................................................................................................. 317

CHAPTER THIRTY-SIX ......................................................................................................................... 318
INTERNATIONAL TRANSGENDER DAY OF VISIBILITY .............................................................. 318
TRANSGENDER AWARENESS WEEK ............................................................................................... 318
TRANS MARCH ...................................................................................................................................... 318
INTERSEX ............................................................................................................................................... 319
WHAT DOES INTERSEX MEAN? ........................................................................................................ 320
INTERSEX ADVOCACY AND ACTIVITISM. ..................................................................................... 321
.................................................................................................................................................................. 323
CHAPTER THIRTY-SEVEN................................................................................................................... 323
INTERSEX AND HOMOSEXUALITY .................................................................................................. 323
ASEXUALITY ......................................................................................................................................... 324
DEFINITION, IDENTITY AND RELATIONSHIPS .............................................................................. 325
PREVALENCE......................................................................................................................................... 328
CHAPTER THIRTY-EIGHT ................................................................................................................... 331
ASEXUALITY AS A SEXUAL ORIENTATION, MENTAL HEALTH AND CAUSE ....................... 331
SEXUAL ACTIVITY AND SEXUALITY .............................................................................................. 334
FEMINIST RESEARCH .......................................................................................................................... 336
INTERSECTIONS WITH RACE AND DISABILITY ............................................................................ 339
BOGAERT'S PSYCHOLOGICAL WORK AND THEORIES ............................................................... 339
COMMUNITY ......................................................................................................................................... 341
SYMBOLS ................................................................................................................................................ 342
ASEXUALITY EVENTS ......................................................................................................................... 342
ASEXUALITY AND RELIGION ............................................................................................................ 343
DISCRIMINATION AND LEGAL PROTECTIONS.............................................................................. 344
IN MEDIA ................................................................................................................................................ 346
CHAPTER THIRTY-NINE ...................................................................................................................... 348
PHYSICAL INTEGRITY AND BODILY AUTONOMY ....................................................................... 348
HUMAN RIGHTS REPORTS ................................................................................................................. 349
INTERSEX AND DISABILITY .............................................................................................................. 350
PEDOPHILIA ........................................................................................................................................... 351
CHAPTER FORTY .................................................................................................................................. 352
MEDICAL PERSPECTIVE ..................................................................................................................... 352
JURIDICAL PERSPECTIVE ................................................................................................................... 353
PEDOPHILIA AS SEXUAL CHILD ABUSE ......................................................................................... 353

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UGANDAN PERSPECTIVE TOWARDS PEDOPHILIA ...................................................................... 353

UNDER THE RADAR ............................................................................................................................. 354
LACK OF EVIDENCE............................................................................................................................. 355
A SYSTEM THAT PERPETUATES ABUSE ......................................................................................... 359
CNN HAS REACHED OUT TO DILEN FOR COMMENT ................................................................... 361
CHAPTER FORTY-ONE ......................................................................................................................... 364
OBJECTOPHILIA .................................................................................................................................... 364
REASONS WHY PEOPLE ENGAGE IN OBJECTOPHILLA ............................................................... 365
OBJECT SEXUALITY AWARENESS AND ADVOCACY .................................................................. 368
LITERATURE .......................................................................................................................................... 368
IN POPULAR CULTURE ........................................................................................................................ 368
REAL LIFE ............................................................................................................................................... 368
MUSIC ...................................................................................................................................................... 369
CINEMA ................................................................................................................................................... 369
TELEVISION ........................................................................................................................................... 369
TERMS IN OBJECT SEXUALITY ......................................................................................................... 369
CLASH OF LGBTQ WITH DIFFERENT CULTURES.......................................................................... 370
CHAPTER FORTY-TWO ........................................................................................................................ 371
HOMOSEXUALITY V POLYGAMY. ................................................................................................... 371
WESTERN PERCEPTION OF HOMOSEXUALIY & POLYGAMY .................................................... 371
THE UGANDAN PERSPECTIVE TOWARDS POLYGAMY AND HOMOSEXUALITY ................. 376
CHAPTER FORTY-THREE .................................................................................................................... 378
HOMOSEXUALITY. ............................................................................................................................... 378
LGBTQIA+ CLASH WITH AFRICAN CULTURE. .............................................................................. 378
CHAPTER FORTY-FOUR ...................................................................................................................... 392
COLONIAL-ERA ANTI-SODOMY LAWS ........................................................................................... 392
CHAPTER FORTY-FIVE ........................................................................................................................ 394
HOMOSEXUALITY PROMOTED AS 'UN-AFRICAN' ........................................................................ 394
CHAPTER FORTY-SIX .......................................................................................................................... 395
PRE-COLONIAL AFRICANS HAD GAY SEX ..................................................................................... 395
CHAPTER FORTY-SEVEN .................................................................................................................... 396
EMPLOYING HOMOPHOBIA IN THE FIGHT FOR POWER............................................................. 396
CHAPTER FORTY-EIGHT ..................................................................................................................... 398
RWANDAN POSTION ............................................................................................................................ 401
KINGDOM OF RWANDA ...................................................................................................................... 401

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SOCIETAL ACCEPTANCE QUICKLY DISAPPEARED AFTER THE ARRIVAL OF THE

EUROPEAN COLONIALISTS AND CHRISTIANITY ......................................................................... 402
WHY AFRICAN CULTURE WILL NEVER SUPPORT LGBTQ ......................................................... 403
THE AGREED ISSUES FOR RESOLUTION WERE AS FOLLOWS .................................................. 407
CHAPTER FORTY-NINE ....................................................................................................................... 424
KENYAN CASE STUDY ........................................................................................................................ 424
COURT OF APPEAL DECISION. .......................................................................................................... 427
MAJORITY DECISION ........................................................................................................................... 427
MINORITY DECISION/ DISSENTING JUDGEMET ........................................................................... 428
COURTS FINDINGS ............................................................................................................................... 431
MAJORITY DECISION ON ISSUE 2 ..................................................................................................... 431
MAJORITY DECISION ON ISSUE ........................................................................................................ 433
DISSENTING OPINION OF JUSTICE MOHAMMED K. IBRAHIM .................................................. 435
CHAPTER FIFTY .................................................................................................................................... 442
NIGERA POSITION ................................................................................................................................ 442
ALMOST PROSECTED CASE IN NIGERIA ........................................................................................ 445
TÉA BRAUN, DIRECTOR, HDT ............................................................................................................ 446
CONCURRENCE (PER JUSTICE SACHS) ........................................................................................... 449
CHAPTER FIFTY-ONE ........................................................................................................................... 451
BOTSWANA POSITION ......................................................................................................................... 451
CHAPTER FIFTY-TWO .......................................................................................................................... 461
INDIAN CULTURE ................................................................................................................................. 461
EARLY MODERN PERIOD ................................................................................................................... 461
RUSSIAN CULTURE .............................................................................................................................. 466
CURRENT SITUATION.......................................................................................................................... 469
PUBLIC OPINION ................................................................................................................................... 470
PROHIBITION OF SAME-SEX UNIONS .............................................................................................. 471
RESTRICTIONS ON JOINING MILITARY SERVICE ......................................................................... 472
REJECTION OF GAY PRIDE EVENTS ................................................................................................. 472
CHECHNYA ............................................................................................................................................ 473
CHAPTER FIFTY-THREE ...................................................................................................................... 476
ARABIC CULTURE ................................................................................................................................ 476
ASIAN CULTURE ................................................................................................................................... 476
THE CURRENT LEGAL STATUS OF HOMOSEXUALITY IN UGANDA ........................................ 476
CHAPTER FIFTY-FOUR ........................................................................................................................ 482

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DIFFERENT VIEWS TOWARDS HOMOSEXUALITY ....................................................................... 482

CHAPTER FIFTY-FIVE .......................................................................................................................... 484
PUBLIC OPINION ON THE ETIOLOGY OF HOMOSEXUALITY ..................................................... 484
PUBLIC OPINION ON THE BENEFITS AND DANGERS CONNECTED TO DISCOVERING THE
POSSIBLE GENETIC ORIGINS OF HOMOSEXUALITY ................................................................... 485
POSSIBLE BENEFITS ............................................................................................................................ 485
CHAPTER FIFTY-SIX ............................................................................................................................ 487
POSSIBLE DANGERS ............................................................................................................................ 487
CHAPTER FIFTY-SEVEN ...................................................................................................................... 489
SCIENTIFIC VEIW ON HOMOSEXUALITY ....................................................................................... 489
HOW GENETIC INFORMATION CAN HELP AND HARM PEOPLE ............................................... 490
CHAPTER FIFTY-EIGHT ....................................................................................................................... 492
GENETIC INFLUENCES ON HOMOSEXUALITY .............................................................................. 492
OTHER BIOLOGICAL INFLUENCES .................................................................................................. 493
CHAPTER FIFTY-NINE ......................................................................................................................... 495
THE INTERNATIONAL SCIENTIFIC COMMUNITY VIEW ON THE ETIOLOGY OF
HOMOSEXUALITY ................................................................................................................................ 495
THE VIEW THAT GENETICS CAUSES HOMOSEXUALITY ............................................................ 495
STUDIES OF THE BRAIN STRUCTURE.............................................................................................. 495
SEXUALLY DIMORPHIC NUCLEI IN THE ANTERIOR HYPOTHALAMUS ................................. 496
CHAPTER SIXTY.................................................................................................................................... 499
CHILDHOOD GENDER NONCONFORMITY ...................................................................................... 499
GAY UNCLE HYPOTHESIS .................................................................................................................. 500
FRATERNAL BIRTH ORDER. (FBO) ................................................................................................... 501
SCIENTIFIC VIEW AGAINST GENETICS AS THE ETIOLOGY OF HOMOSEXUALITY ............. 503
CRITICISM .............................................................................................................................................. 506
CHAPTER SIXTY-ONE .......................................................................................................................... 508
ENVIRONMENTAL INFLUENCES....................................................................................................... 508
THE INFLUENCE OF HOMOSEXUAL OTHERS ................................................................................ 509
CHAPTER SIXTY-TWO ......................................................................................................................... 512
SOURCES OF INFORMATION ABOUT HOMOSEXUALITY ........................................................... 512
SCIENTIFIC RESEARCH ....................................................................................................................... 513
RELIGIOUS RESPONSES. ..................................................................................................................... 514
ADDITIONAL THEMES THAT EMERGED DURING THE STUDY ................................................. 515
CHAPTER SIXTY-THREE ..................................................................................................................... 521

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HOW INFORMATION THAT HOMOSEXUALITY IS PARTLY GENETIC COULD BE USED TO

HELP PEOPLE ......................................................................................................................................... 521
INCREASE HATE AND DISCRIMINATION ....................................................................................... 524
INCREASE FAMILY BLAME ................................................................................................................ 525
CHAPTER SIXTY-FOUR........................................................................................................................ 529
UGANDAN SCIENTIFIC VIEW FROM THE MINISTRY OF HEALTH ON HOMOSEXUALITY .. 529
CHAPTER SIXTY-FIVE ......................................................................................................................... 531
THE SCIENTIFIC BASIS OF HOMOSEXUALITY .............................................................................. 531
CAN HOMOSEXUALITY BE LEARNED OR UNLEARNED? ........................................................... 532
THE NEED TO REGULATE SEXUALITIES ........................................................................................ 533
FINDINGS ................................................................................................................................................ 534
WEAKNESS OF HOMOSEXUALITY ................................................................................................... 534
DEPRESSION .......................................................................................................................................... 534
LACK OF ABILITY TO PROCREATE .................................................................................................. 535
CHAPTER SIXTY-SIX ............................................................................................................................ 537
CONTEMPORARY ISSUES IN SEXUAL ORIENTATION AND IDENTITY DEVELOPMENT IN
EMERGING ADULTHOOD ................................................................................................................... 537
CHAPTER SIXTY-SEVEN ..................................................................................................................... 539
DEFINITIONS AND CONCEPTUALIZATION..................................................................................... 539
MODELS OF IDENTITY DEVELOPMENT .......................................................................................... 541
CHAPTER SIXTY-EIGHT ...................................................................................................................... 546
CONTEMPORARY TOPICS IN RESEARCH ON SEXUAL IDENTITY IN EMERGING
ADULTHOOD ......................................................................................................................................... 546
TRAJECTORIES OF ACHIEVING TRADITIONAL SEXUAL IDENTITY MILESTONES............... 546
CONSISTENCY BETWEEN DIMENSIONS OF SEXUAL ORIENTATION AND SEXUAL
IDENTITY ................................................................................................................................................ 549
EXCLUSIVITY WITHIN DIMENSIONS OF SEXUAL ORIENTATION AND SEXUAL IDENTITY
.................................................................................................................................................................. 551
STABILITY IN DIMENSIONS OF SEXUAL ORIENTATION AND LABELLING ........................... 553
SEXUAL IDENTITY LABELS ............................................................................................................... 554
HOW MANY SUBGROUPS ARE THERE? ........................................................................................... 555
INTERSECTING IDENTITY DEVELOPMENT PROCESSES ............................................................. 557
CONCLUSIONS AND FUTURE DIRECTIONS .................................................................................... 559
LIMITATIONS AND FUTURE RESEARCH ......................................................................................... 561
APPENDIX ............................................................................................................................................... 564
THE ANTI-HOMOSEXUALITY BILL, 2023 ........................................................................................ 564

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 The Strix Mythology Demystified

THE ORIGINS OF HOMOSEXUALITY: A

COMPREHENSIVE GUIDE
ABSTRACT
The origins of homosexuality have been a source of debate and controversy for
centuries. While there is no single answer to this question, there are a variety of
theories that attempt to explain the phenomenon. This book will provide an overview
of the various theories that have been proposed to explain the origins of
homosexuality, as well as a discussion of the implications of these theories for a
further understanding of sexual orientation in light of different interpretations such
as religion, atheist, tradition & culture and the scientific view in respect to its causes
among others with a comparison with other species with similar IQ levels as human
beings.

It shall delve into and focus on the contemporary issues concerned with LGBTQIA+
inclusive of other sexual orientations such as objectophilia & beastiality, its legal
status in Uganda visa via the different International Conventions in light of it being
a Human Right visa via a moral aspect, Its merits and demerits

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 The Strix Mythology Demystified

CHAPTER ONE
ORDER, PATTERN & ORDER AND INTELLINGENCE
ARGUMENTS TOWARDS HOMOSEXUALITY.

Among the many topics explored by the philosophy of sexuality are procreation,
contraception, celibacy, marriage, adultery, casual sex, flirting, prostitution,
homosexuality, masturbation, seduction, rape, sexual harassment, sadomasochism,
pornography, bestiality, and pedophilia. What do all these things have in common?
All are related in various ways to the vast domain of human sexuality. That is, they
are related, on the one hand, to the human desires and activities that involve the
search for and attainment of sexual pleasure or satisfaction and, on the other hand,
to the human desires and activities that involve the creation of new human beings.
For it is a natural feature of human beings that certain sorts of behaviors and certain
bodily organs are and can be employed either for pleasure or for reproduction, or for
both.

Normative philosophy of sexuality inquires about the value of sexual activity and
sexual pleasure and of the various forms they take. Thus, the philosophy of sexuality
is concerned with the perennial questions of sexual morality and constitutes a large
branch of applied ethics. Normative philosophy of sexuality investigates what
contribution is made to the good or virtuous life by sexuality, and tries to determine
what moral obligations we have to refrain from performing certain sexual acts and
what moral permissions we have to engage in others.

Some philosophers of sexuality carry out conceptual analysis and the study of sexual
ethics separately. They believe that it is one thing to define a sexual phenomenon
(such as rape or adultery) and quite another thing to evaluate it. Other philosophers
of sexuality believe that a robust distinction between defining a sexual phenomenon
and arriving at moral evaluations of it cannot be made, that analyses of sexual

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concepts and moral evaluations of sexual acts influence each other. Whether there
actually is a tidy distinction between values and morals, on the one hand, and natural,
social, or conceptual facts, on the other hand, is one of those fascinating, endlessly
debated issues in philosophy, and is not limited to the philosophy of sexuality.

1. Metaphysics of Sexuality
Our moral evaluations of sexual activity are bound to be affected by what we view
the nature of the sexual impulse, or of sexual desire, to be in human beings. In this
regard there is a deep divide between those philosophers that we might call the
metaphysical sexual optimists and those we might call the metaphysical sexual
pessimists.

The pessimists in the philosophy of sexuality, such as St. Augustine, Immanuel Kant,
and, sometimes, Sigmund Freud, perceive the sexual impulse and acting on it to be
something nearly always, if not necessarily, unbefitting the dignity of the human
person; they see the essence and the results of the drive to be incompatible with more
significant and lofty goals and aspirations of human existence; they fear that the
power and demands of the sexual impulse make it a danger to harmonious civilized
life; and they find in sexuality a severe threat not only to our proper relations with,
and our moral treatment of, other persons, but also equally a threat to our own
humanity.

On the other side of the divide are the metaphysical sexual optimists (Plato, in some
of his works, sometimes Sigmund Freud, Bertrand Russell, and many contemporary
philosophers) who perceive nothing especially obnoxious in the sexual impulse.
They view human sexuality as just another and mostly innocuous dimension of our
existence as embodied or animal-like creatures; they judge that sexuality, which in
some measure has been given to us by evolution, cannot but be conducive to our
well-being without detracting from our intellectual propensities; and they praise
rather than fear the power of an impulse that can lift us to various high forms of
happiness.

The particular sort of metaphysics of sex one believes will influence one’s
subsequent judgments about the value and role of sexuality in the good or virtuous
life and about what sexual activities are morally wrong and which ones are morally
permissible as explored below.
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 The Strix Mythology Demystified

2. Metaphysical Sexual Pessimism

An extended version of metaphysical pessimism might make the following claims:
In virtue of the nature of sexual desire, a person who sexually desires another person
objectifies that other person, both before and during sexual activity. Immanuel Kant,
states that sex “makes of the loved person an Object of appetite. . .. Taken by itself
it is a degradation of human nature1” Certain types of manipulation and deception
seem required prior to engaging in sex with another person, or are so common as to
appear part of the nature of the sexual experience. As Bernard Baumrim makes the
point, “sexual interaction is essentially manipulative—physically, psychologically,
emotionally, and even intellectually2” We go out of our way, for example, to make
ourselves look more attractive and desirable to the other person than we really are,
and we go to great lengths to conceal our defects. And when one person sexually
desires another, the other person’s body, his or her lips, thighs, toes, and buttocks
are desired as the arousing parts they are, distinct from the person. The other’s
genitals, too, are the object of our attention: Kant notes that “sexuality is not an
inclination which one human being has for another as such, but is an inclination for
the sex of another. . . . Only her sex is the object of his desires” Further, the sexual
act itself is peculiar, with its uncontrollable arousal, involuntary jerkings, and its
yearning to master and consume the other person’s body. During the act, a person
both loses control of himself and loses regard for the humanity of the other. Our
sexuality is a threat to the other’s personhood; but the one who is in the grip of desire
is also on the verge of losing his or her personhood. The one who desires depends
on the whims of another person to gain satisfaction, and becomes as a result a
jellyfish, susceptible to the demands and manipulations of the other: “In desire you
are compromised in the eyes of the object of desire, since you have displayed that
you have designs which are vulnerable to his intentions3”. A person who proposes
an irresistible sexual offer to another person may be exploiting someone made weak
by sexual desire4.

1
Kant, Immanuel. The Metaphysics of Morals . Translated by Mary Gregor. Cambridge, Eng.: Cambridge University
Press, 1996.
2
“Sexual Immorality Delineated,” p. 300.
3
Roger Scruton, Sexual Desire, p. 82
4
Virginia Held, “Coercion and Coercive Offers,” p. 58.

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 The Strix Mythology Demystified

Moreover, a person who gives in to another’s sexual desire makes a tool of himself
or herself. “For the natural use that one sex makes of the other’s sexual organs is
enjoyment, for which one gives oneself up to the other. In this act a human being
makes himself into a thing, which conflicts with the right of humanity in his own
person5” Those engaged in sexual activity make themselves willingly into objects
for each other merely for the sake of sexual pleasure. Hence both persons are reduced
to the animal level. “If . . . a man wishes to satisfy his desire, and a woman hers, they
stimulate each other’s desire; their inclinations meet, but their object is not human
nature but sex, and each of them dishonours the human nature of the other. They
make of humanity an instrument for the satisfaction of their lusts and inclinations,
and dishonour it by placing it on a level with animal nature6”.

Finally, due to the insistent nature of the sexual impulse, once things get going it is
often hard to stop them in their tracks, and as a result we often end up doing things
sexually that we had never planned or wanted to do. Sexual desire is also powerfully
inelastic, one of the passions most likely to challenge reason, compelling us to seek
satisfaction even when doing so involves dark-alley gropings, microbiologically
filthy acts, slinking around the White House, or getting married impetuously.

Given such a pessimistic metaphysics of human sexuality, one might well conclude
that acting on the sexual impulse is always morally wrong. That might, indeed, be
precisely the right conclusion to draw, even if it implies the end of Homo sapiens.
(This doomsday result is also implied by St. Paul’s praising, in 1 Corinthians 7,
sexual celibacy as the ideal spiritual state.) More frequently, however, the
pessimistic metaphysicians of sexuality conclude that sexual activity is morally
permissible only within marriage (of the lifelong, monogamous, heterosexual sort)
and only for the purpose of procreation. Regarding the bodily activities that both
lead to procreation and produce sexual pleasure, it is their procreative potential that
is singularly significant and bestows value on these activities; seeking pleasure is an
impediment to morally virtuous sexuality, and is something that should not be
undertaken deliberately or for its own sake. Sexual pleasure at most has instrumental
value, in inducing us to engage in an act that has procreation as its primary purpose.
Such views are common among Christian thinkers, for example, St. Augustine: “A

5
Ibid.
6
Kant, Immanuel. The Metaphysics of Morals . Translated by Mary Gregor. Cambridge, Eng.: Cambridge University
Press, 1996.

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man turns to good use the evil of concupiscence, and is not overcome by it, when he
bridles and restrains its rage . . . and never relaxes his hold upon it except when intent
on offspring, and then controls and applies it to the carnal generation of children . . .,
not to the subjection of the spirit to the flesh in a sordid servitude7”

3. Metaphysical Sexual Optimism

Metaphysical sexual optimists suppose that sexuality is a bonding mechanism that
naturally and happily joins people together both sexually and nonsexually. Sexual
activity involves pleasing the self and the other at the same time, and these exchanges
of pleasure generate both gratitude and affection, which in turn are bound to deepen
human relationships and make them more emotionally substantial. Further, and this
is the most important point, sexual pleasure is, for a metaphysical optimist, a
valuable thing in its own right, something to be cherished and promoted because it
has intrinsic and not merely instrumental value. Hence the pursuit of sexual pleasure
does not require much intricate justification; sexual activity surely need not be
confined to marriage or directed at procreation. The good and virtuous life, while
including much else, can also include a wide variety and extent of sexual relations.
(See Russell Vannoy’s spirited defense of the value of sexual activity for its own
sake, in Sex Without Love.)

Irving Singer is a contemporary philosopher of sexuality who expresses well one

form of metaphysical optimism: “For though sexual interest resembles an appetite
in some respects, it differs from hunger or thirst in being an interpersonal sensitivity,
one that enables us to delight in the mind and character of other persons as well as
in their flesh. Though at times people may be used as sexual objects and cast aside
once their utility has been exhausted, this is no[t] . . . definitive of sexual desire. . . .
By awakening us to the living presence of someone else, sexuality can enable us to
treat this other being as just the person he or she happens to be. . .. There is nothing
in the nature of sexuality as such that necessarily . . . reduces persons to things. On
the contrary, sex may be seen as an instinctual agency by which persons respond to
one another through their bodies” (The Nature of Love, vol. 2, p. 382. See also Jean
Hampton, “Defining Wrong and Defining Rape”).

7
On Marriage and Concupiscence, bk. 1, ch. 9.

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Pausanias, in Plato’s Symposium, asserts that sexuality in itself is neither good nor
bad. He recognizes, as a result, that there can be morally bad and morally good
sexual activity, and proposes a corresponding distinction between what he calls
“vulgar” eros and “heavenly” eros. A person who has vulgar eros is one who
experiences promiscuous sexual desire, has a lust that can be satisfied by any partner,
and selfishly seeks only for himself or herself the pleasures of sexual activity. By
contrast, a person who has heavenly eros experiences a sexual desire that attaches to
a particular person; he or she is as much interested in the other person’s personality
and well-being as he or she is concerned to have physical contact with and sexual
satisfaction by means of the other person. A similar distinction between sexuality
per se and eros is described by C. S. Lewis in his The Four Loves (chapter 5), and it
is perhaps what Allan Bloom has in mind when he writes, “Animals have sex and
human beings have eros, and no accurate science [or philosophy] is possible without
making this distinction” (Love and Friendship, p. 19).

The divide between metaphysical optimists and metaphysical pessimists might, then,
be put this way: metaphysical pessimists think that sexuality, unless it is rigorously
constrained by social norms that have become internalized, will tend to be governed
by vulgar eros, while metaphysical optimists think that sexuality, by itself, does not
lead to or become vulgar, that by its nature it can easily be and often is heavenly8.

4. Moral Evaluations
Of course, we can and often do evaluate sexual activity morally: we inquire whether
a sexual act—either a particular occurrence of a sexual act (the act we are doing or
want to do right now) or a type of sexual act (say, all instances of homosexual
fellatio)—is morally good or morally bad. More specifically, we evaluate, or judge,
sexual acts to be morally obligatory, morally permissible, morally supererogatory,
or morally wrong. For example: a spouse might have a moral obligation to engage
in sex with the other spouse; it might be morally permissible for married couples to
employ contraception while engaging in coitus; one person’s agreeing to have sexual
relations with another person when the former has no sexual desire of his or her own
but does want to please the latter might be an act of supererogation; and rape and
incest are commonly thought to be morally wrong.

8
(See the entry, Philosophy of Love.)

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Note that if a specific type of sexual act is morally wrong (say, homosexual fellatio),
then every instance of that type of act will be morally wrong. However, from the fact
that the particular sexual act we are now doing or contemplate doing is morally
wrong, it does not follow that any specific type of act is morally wrong; the sexual
act that we are contemplating might be wrong for lots of different reasons having
nothing to do with the type of sexual act that it is. For example, suppose we are
engaging in heterosexual coitus (or anything else), and that this particular act is
wrong because it is adulterous. The wrongfulness of our sexual activity does not
imply that heterosexual coitus in general (or anything else), as a type of sexual act,
is morally wrong. In some cases, of course, a particular sexual act will be wrong for
several reasons: not only is it wrong because it is of a specific type (say, it is an
instance of homosexual fellatio), but it is also wrong because at least one of the
participants is married to someone else (it is wrong also because it is adulterous).

5. Nonmoral Evaluations
We can also evaluate sexual activity (again, either a particular occurrence of a sexual
act or a specific type of sexual activity) nonmorally: nonmorally “good” sex is sexual
activity that provides pleasure to the participants or is physically or emotionally
satisfying, while nonmorally “bad” sex is unexciting, tedious, boring, unenjoyable,
or even unpleasant. An analogy will clarify the difference between morally
evaluating something as good or bad and nonmorally evaluating it as good or bad.
This radio on my desk is a good radio, in the nonmoral sense, because it does for me
what I expect from a radio: it consistently provides clear tones. If, instead, the radio
hissed and cackled most of the time, it would be a bad radio, nonmorally-speaking,
and it would be senseless for me to blame the radio for its faults and threaten it with
a trip to hell if it did not improve its behavior. Similarly, sexual activity can be
nonmorally good if it provides for us what we expect sexual activity to provide,
which is usually sexual pleasure, and this fact has no necessary moral implications.

It is not difficult to see that the fact that a sexual activity is perfectly nonmor ally
good, by abundantly satisfying both persons, does not mean by itself that the act is
morally good: some adulterous sexual activity might well be very pleasing to the
participants, yet be morally wrong. Further, the fact that a sexual activity is
nonmorally bad, that is, does not produce pleasure for the persons engaged in it, does
not by itself mean that the act is morally bad. Unpleasant sexual activity might occur
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between persons who have little experience engaging in sexual activity (they do not
yet know how to do sexual things, or have not yet learned what their likes and
dislikes are), but their failure to provide pleasure for each other does not mean by
itself that they perform morally wrongful acts.

Thus, the moral evaluation of sexual activity is a distinct enterprise from the
nonmoral evaluation of sexual activity, even if there do remain important
connections between them. For example, the fact that a sexual act provides pleasure
to both participants, and is thereby nonmorally good, might be taken as a strong, but
only prima facie good, reason for thinking that the act is morally good or at least has
some degree of moral value. Indeed, utilitarians such as Jeremy Bentham and even
John Stuart Mill might claim that, in general, the nonmoral goodness of sexual
activity goes a long way toward justifying it. Another example: if one person never
attempts to provide sexual pleasure to his or her partner, but selfishly insists on
experiencing only his or her own pleasure, then that person’s contribution to their
sexual activity is morally suspicious or objectionable. But that judgment rests not
simply on the fact that he or she did not provide pleasure for the other person, that
is, on the fact that the sexual activity was for the other person nonmorally bad. The
moral judgment rests, more precisely, on his or her motives for not providing any
pleasure, for not making the experience nonmorally good for the other person.

Alan Soble argues that its one thing to point out that as evaluative categories, moral
goodness/badness is quite distinct from nonmoral goodness/badness and another
thing to wonder, nonetheless, about the emotional or psychological connections
between the moral quality of sexual activity and its nonmoral quality. Perhaps
morally good sexual activity tends also to be the most satisfying sexual activity, in
the nonmoral sense. Whether that is true likely depends on what we mean by
“morally good” sexuality and on certain features of human moral psychology. What
would our lives be like, if there were always a neat correspondence between the
moral quality of a sexual act and its nonmoral quality?

He states that examples that violate such a neat correspondence are at the present
time, in this world, easy to come by in that a sexual act might be both morally and
nonmorally good considering the exciting and joyful sexual activity of a newly-
married couple. That a sexual act might be morally good and nonmorally bad in
consideration of the routine sexual acts of this couple after they have been married

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 The Strix Mythology Demystified

for ten years. Alan argues sexual act might be morally bad yet nonmorally good: one
spouse in that couple, married for ten years, commits adultery with another married
person and finds their sexual activity to be extraordinarily satisfying. And, finally,
that a sexual act might be both morally and nonmorally bad: the adulterous couple
get tired of each other, eventually no longer experiencing the excitement they once
knew. A world in which there was little or no discrepancy between the moral and
the nonmoral quality of sexual activity might be a better world than ours, or it might
be worse. Alan maintains that a sexual activity is acknowledged to be morally wrong
due to its own attributes of being non-morally good9.

6. The Dangers of Sex

According to Alan Soble, whether a particular sexual act or a specific type of sexual
act provides sexual pleasure is not the only factor in judging its nonmoral quality:
pragmatic and prudential considerations also figure into whether a sexual act, all
things considered, has a preponderance of nonmoral goodness. Many sexual
activities can be physically or psychologically risky, dangerous, or harmful. Anal
coitus, for example, whether carried out by a heterosexual couple or by two gay
males, can damage delicate tissues and is a mechanism for the potential transmission
of various HIV viruses (as is heterosexual genital intercourse). Thus in evaluating
whether a sexual act will be overall nonmorally good or bad, not only its anticipated
pleasure or satisfaction must be counted, but also all sorts of negative (undesired)
side effects: whether the sexual act is likely to damage the body, as in some
sadomasochistic acts, or transmit any one of a number of venereal diseases, or result
in an unwanted pregnancy, or even whether one might feel regret, anger, or guilt
afterwards as a result of having engaged in a sexual act with this person, or in this
location, or under these conditions, or of a specific type. Indeed, all these pragmatic
and prudential factors also figure into the moral evaluation of sexual activity:
intentionally causing unwanted pain or discomfort to one’s partner, or not taking
adequate precautions against the possibility of pregnancy, or not informing one’s
partner of a suspected case of genital infection can be morally wrong. Thus,
depending on what particular moral principles about sexuality one embraces, the
various ingredients that constitute the nonmoral quality of sexual acts can influence
one’s moral judgments. As such, the danger associated with homosexuality in terms

9
Soble, Alan. The Philosophy of Sex and Love: An Introduction. St. Paul, Minn.: Paragon House, 1998.

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 The Strix Mythology Demystified

of damaging the other partner’s tissues is high, and as such, homosexuality though
from the non-moral perspective is dangerous and should be desisted.

7. Sexual Perversion
In addition to inquiring about the moral and nonmoral quality of a given sexual act
or a type of sexual activity, we can also ask whether the act or type is natural or
unnatural (that is, perverted). Alan Soble states that Natural sexual acts, to provide
merely a broad definition, are those acts that either flow naturally from human sexual
nature, or at least do not frustrate or counteract sexual tendencies that flow naturally
from human sexual desire. An account of what is natural in human sexual desire and
activity is part of a philosophical account of human nature in general, what we might
call philosophical anthropology, which is a rather large undertaking.

Note that evaluating a particular sexual act or a specific type of sexual activity as
being natural or unnatural can very well be distinct from evaluating the act or type
either as being morally good or bad or as being nonmorally good or bad. Suppose
we assume, for the sake of discussion only, that heterosexual coitus is a natural
human sexual activity and that homosexual fellatio is unnatural, or a sexual
perversion. Even so, it would not follow from these judgments alone that all
heterosexual coitus is morally good (some of it might be adulterous, or rape) or that
all homosexual fellatio is morally wrong (some of it, engaged in by consenting adults
in the privacy of their homes, might be morally permissible). Further, from the fact
that heterosexual coitus is natural, it does not follow that acts of heterosexual coitus
will be nonmorally good, that is, pleasurable; nor does it follow from the fact that
homosexual fellatio is perverted that it does not or cannot produce sexual pleasure
for those people who engage in it. Of course, both natural and unnatural sexual acts
can be medically or psychologically risky or dangerous. There is no reason to assume
that natural sexual acts are in general more safe than unnatural sexual acts; for
example, unprotected heterosexual intercourse is likely more dangerous, in several
ways, than mutual homosexual masturbation.

Since there are no necessary connections between, on the one hand, evaluating a
particular sexual act or a specific type of sexual activity as being natural or unnatural
and, on the other hand, evaluating its moral and nonmoral quality, why would we
wonder whether a sexual act or a type of sex was natural or perverted? One reason

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is simply that understanding what is natural and unnatural in human sexuality helps
complete our picture of human nature in general, and allows us to understand our
species more fully. With such deliberations, the self-reflection about humanity and
the human condition that is the heart of philosophy becomes more complete. A
second reason is that an account of the difference between the natural and the
perverted in human sexuality might be useful for psychology, especially if we
assume that a desire or tendency to engage in perverted sexual activities is a sign or
symptom of an underlying mental or psychological pathology.

8. Sexual Perversion and Morality

Finally (a third reason), even though natural sexual activity is not on that score alone
morally good and unnatural sexual activity is not necessarily morally wrong, it is
still possible to argue that whether a particular sexual act or a specific type of
sexuality is natural or unnatural does influence, to a greater or lesser extent, whether
the act is morally good or morally bad. Just as whether a sexual act is nonmorally
good, that is, produces pleasure for the participants, may be a factor, sometimes an
important one, in our evaluating the act morally, whether a sexual act or type of
sexual expression is natural or unnatural may also play a role, sometimes a large one,
in deciding whether the act is morally good or bad.

A comparison between the sexual philosophy of the medieval Catholic theologian

St. Thomas Aquinas and that of the contemporary secular philosophy Thomas Nagel
is in this regard instructive. Both Aquinas and Nagel can be understood as assuming
that what is unnatural in human sexuality is perverted, and that what is unnatural or
perverted in human sexuality is simply that which does not conform with or is
inconsistent with natural human sexuality. But beyond these general areas of
agreement, there are deep differences between Aquinas and Nagel.

9. Aquinas’s Natural Law

Based upon a comparison of the sexuality of humans and the sexuality of lower
animals (mammals, in particular), Aquinas concludes that what is natural in human
sexuality is the impulse to engage in heterosexual coitus. Heterosexual coitus is the
mechanism designed by the Christian God to insure the preservation of animal
species, including humans, and hence engaging in this activity is the primary natural

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expression of human sexual nature. Further, this God designed each of the parts of
the human body to carry out specific functions, and on Aquinas’s view God designed
the male penis to implant sperm into the female’s vagina for the purpose of effecting
procreation. It follows, for Aquinas, that depositing the sperm elsewhere than inside
a human female’s vagina is unnatural: it is a violation of God’s design, contrary to
the nature of things as established by God. For this reason alone, on Aquinas’s view,
such activities are immoral, a grave offense to the sagacious plan of the Almighty.

Sexual intercourse with lower animals (bestiality), sexual activity with members of
one’s own sex (homosexuality), and masturbation, for Aquinas, are unnatural sexual
acts and are immoral exactly for that reason. If they are committed intentionally,
according to one’s will, they deliberately disrupt the natural order of the world as
created by God and which God commanded to be respected.

In none of these activities is there any possibility of procreation, and the sexual and
other organs are used, or misused, for purposes other than that for which they were
designed. Although Aquinas does not say so explicitly, but only hints in this
direction, it follows from his philosophy of sexuality that fellatio, even when
engaged in by heterosexuals, is also perverted and morally wrong. At least in those
cases in which orgasm occurs by means of this act, the sperm is not being placed
where it should be placed and procreation is therefore not possible. If the penis
entering the vagina is the paradigmatic natural act, then any other combination of
anatomical connections will be unnatural and hence immoral; for example, the penis,
mouth, or fingers entering the anus. Note that Aquinas’s criterion of the natural, that
the sexual act must be procreative in form, and hence must involve a penis inserted
into a vagina, makes no mention of human psychology. Aquinas’s line of thought
yields an anatomical criterion of natural and perverted sex that refers only to bodily
organs and what they might accomplish physiologically and to where they are, or
are not, put in relation to each other.

10. Nagel’s Secular Philosophy

Thomas Nagel denies Aquinas’s central presupposition, that in order to discover
what is natural in human sexuality we should emphasize what humans and lower
animals have in common. Applying this formula, Aquinas concluded that the
purpose of sexual activity and the sexual organs in humans was procreation, as it is

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in the lower animals. Everything else in Aquinas’s sexual philosophy follows more-
or-less logically from this. Nagel, by contrast, argues that to discover what is
distinctive about the natural human sexuality, and hence derivatively what is
unnatural or perverted, we should focus, instead, on what humans and lower animals
do not have in common. We should emphasize the ways in which humans are
different from animals, the ways in which humans and their sexuality are special.
Thus, Nagel argues that sexual perversion in humans should be understood as a
psychological phenomenon rather than, as in Aquinas’s treatment, in anatomical and
physiological terms. For it is human psychology that makes us quite different from
other animals, and hence an account of natural human sexuality must acknowledge
the uniqueness of human psychology.

Nagel proposes that sexual interactions in which each person responds with sexual
arousal to noticing the sexual arousal of the other person exhibit the psychology that
is natural to human sexuality. In such an encounter, each person becomes aware of
himself or herself and the other person as both the subject and the object of their
joint sexual experiences. Perverted sexual encounters or events would be those in
which this mutual recognition of arousal is absent, and in which a person remains
fully a subject of the sexual experience or fully an object. Perversion, then, is a
departure from or a truncation of a psychologically “complete” pattern of arousal
and consciousness10.

Nothing in Nagel’s psychological account of the natural and the perverted refers to
bodily organs or physiological processes. That is, for a sexual encounter to be
natural, it need not be procreative in form, as long as the requisite psychology of
mutual recognition is present. Whether a sexual activity is natural or perverted does
not depend, on Nagel’s view, on what organs are used or where they are put, but
only on the character of the psychology of the sexual encounter. Thus, Nagel
disagrees with Aquinas that homosexual activities, as a specific type of sexual act,
are unnatural or perverted, for homosexual fellatio and anal intercourse may very
well be accompanied by the mutual recognition of and response to the other’s sexual
arousal.

10
Nagel, Thomas. “Sexual Perversion,” in Alan Soble, ed., The Philosophy of Sex, 3st edition. Lanham, Md.: Rowman
and Littlefield, 1997, pp. 15-17.

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11. Fetishism

It is illuminating to compare what the views of Aquinas and Nagel imply about
fetishism, that is, the usually male practice of masturbating while fondling women’s
shoes or undergarments. Aquinas and Nagel agree that such activities are unnatural
and perverted, but they disagree about the grounds of that evaluation. For Aquinas,
masturbating while fondling shoes or undergarments is unnatural because the sperm
is not deposited where it should be, and the act thereby has no procreative potential.

For Nagel, masturbatory fetishism is perverted for a quite different reason: in this
activity, there is no possibility of one person’s noticing and being aroused by the
arousal of another person. The arousal of the fetishist is, from the perspective of
natural human psychology, defective. Note, in this example, one more difference
between Aquinas and Nagel: Aquinas would judge the sexual activity of the fetishist
to be immoral precisely because it is perverted (it violates a natural pattern
established by God), while Nagel would not conclude that it must be morally
wrong—after all, a fetishistic sexual act might be carried out quite harmlessly—even
if it does indicate that something is suspicious about the fetishist’s psychology. The
move historically and socially away from a Thomistic moralistic account of sexual
perversion toward an amoral psychological account such as Nagel’s is representative
of a more widespread trend: the gradual replacement of moral or religious
judgments, about all sorts of deviant behavior, by medical or psychiatric judgments
and interventions11.

12. Female Sexuality and Natural Law

A different kind of disagreement with Aquinas is registered by Christine Gudorf, a
Christian theologian who otherwise has a lot in common with Aquinas. Gudorf
agrees that the study of human anatomy and physiology yields insights into God’s
plan and design, and that human sexual behavior should conform with God’s
creative intentions. That is, Gudorf’s philosophy is squarely within the Thomistic
Natural Law tradition.

But Gudorf argues that if we take a careful look at the anatomy and physiology of
the female sexual organs, and especially the clitoris, instead of focusing exclusively

11
Soble, Alan. Sexual Investigations. New York: New York University Press,1996.

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on the male’s penis (which is what Aquinas did), quite different conclusions about
God’s plan and design emerge and hence Christian sexual ethics turns out to be less
restrictive. In particular, Gudorf claims that the female’s clitoris is an organ whose
only purpose is the production of sexual pleasure and, unlike the mixed or dual
functionality of the penis, has no connection with procreation. Gudorf concludes that
the existence of the clitoris in the female body suggests that God intended that the
purpose of sexual activity was as much for sexual pleasure for its own sake as it was
for procreation. Therefore, according to Gudorf, pleasurable sexual activity apart
from procreation does not violate God’s design, is not unnatural, and hence is not
necessarily morally wrong, as long as it occurs in the context of a monogamous
marriage12.Today we are not as confident as Aquinas was that God’s plan can be
discovered by a straightforward examination of human and animal bodies; but such
healthy skepticism about our ability to discern the intentions of God from facts of
the natural world would seem to apply to Gudorf’s proposal as well.

13. Debates in Sexual Ethics

The ethics of sexual behavior, as a branch of applied ethics, is no more and no less
contentious than the ethics of anything else that is usually included within the area
of applied ethics. Think, for example, of the notorious debates over euthanasia,
capital punishment, abortion, and our treatment of lower animals for food, clothing,
entertainment, and in medical research. So, it should come as no surprise than even
though a discussion of sexual ethics might well result in the removal of some
confusions and a clarification of the issues, no final answers to questions about the
morality of sexual activity are likely to be forthcoming from the philosophy of
sexuality. As far as I can tell by surveying the literature on sexual ethics, there are at
least three major topics that have received much discussion by philosophers of
sexuality and which provide arenas for continual debate.

14. Natural Law vs. Liberal Ethics

We have already encountered one debate: the dispute between a Thomistic Natural
Law approach to sexual morality and a more liberal, secular outlook that denies that
there is a tight connection between what is unnatural in human sexuality and what is

12
Sex, Body, and Pleasure, p. 65.

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immoral. The secular liberal philosopher emphasizes the values of autonomous

choice, self-determination, and pleasure in arriving at moral judgments about sexual
behavior, in contrast to the Thomistic tradition that justifies a more restrictive sexual
ethics by invoking a divinely imposed scheme to which human action must conform.
According to the secular liberal philosopher of sexuality, the only paradigmatically
morally wrong sexual act is rape, in which one person forces himself or herself upon
another or uses threats to coerce the other to engage in sexual activity. By contrast,
for the liberal, anything done voluntarily between two or more people is generally
morally permissible. For the secular liberal, then, a sexual act would be morally
wrong if it were dishonest, coercive, or manipulative, and Natural Law theory would
agree, except to add that the act’s merely being unnatural is another, independent
reason for condemning it morally. Kant, for example, held that “Onanism . . . is
abuse of the sexual faculty. . .. By it man sets aside his person and degrades himself
below the level of animals. . .. Intercourse between sexus homogenii . . . too is
contrary to the ends of humanity” (Lectures, p. 170). The sexual liberal, however,
usually finds nothing morally wrong or nonmorally bad about either masturbation or
homosexual sexual activity. They argue that these activities might be unnatural, and
perhaps in some ways prudentially unwise, but in many if not most cases they can
be carried out without harm being done either to the participants or to anyone else.

Natural Law is alive and well today among philosophers of sex, even if the details
do not match Aquinas’s original version. For example, the contemporary
philosopher John Finnis argues that there are morally worthless sexual acts in which
“one’s body is treated as instrumental for the securing of the experiential satisfaction
of the conscious self” (see “Is Homosexual Conduct Wrong?”). For example, in
masturbating or in being anally sodomized, the body is just a tool of sexual
satisfaction and, as a result, the person undergoes “disintegration.” “One’s choosing
self [becomes] the quasi-slave of the experiencing self which is demanding
gratification.” The worthlessness and disintegration attaching to masturbation and
sodomy actually attach, for Finnis, to “all extramarital sexual gratification.” This is
because only in married, heterosexual coitus does the persons’ “reproductive
organs . . . make them a biological . . . unit.” Finnis begins his argument with the
metaphysically pessimistic intuition that sexual activity involves treating human
bodies and persons instrumentally, and he concludes with the thought that sexual
activity in marriage—in particular, genital intercourse—avoids disintegrity because

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only in this case, as intended by God’s plan, does the couple attain a state of genuine
unity: “the orgasmic union of the reproductive organs of husband and wife really
unites them biologically13.”

15. Consent Is Not Sufficient

Another debate is about whether, when there is no harm done to third parties to be
concerned about, the fact that two people engage in a sexual act voluntarily, with
their own free and informed consent, is sufficient for satisfying the demands of
sexual morality. Of course, those in the Natural Law tradition deny that consent is
sufficient, since on their view willingly engaging in unnatural sexual acts is morally
wrong, but they are not alone in reducing the moral significance of consent. Sexual
activity between two persons might be harmful to one or both participants, and a
moral paternalist or perfectionist would claim that it is wrong for one person to harm
another person, or for the latter to allow the former to engage in this harmful
behavior, even when both persons provide free and informed consent to their joint
activity. Consent in this case is not sufficient, and as a result some forms of
sadomasochistic sexuality turn out to be morally wrong. The denial of the
sufficiency of consent is also frequently presupposed by those philosophers who
claim that only in a committed relationship is sexual activity between two people
morally permissible. The free and informed consent of both parties may be a
necessary condition for the morality of their sexual activity, but without the presence
of some other ingredient (love, marriage, devotion, and the like) their sexual activity
remains mere mutual use or objectification and hence morally objectionable.

In casual sex, for example, two persons are merely using each other for their own
sexual pleasure; even when genuinely consensual, these mutual sexual uses do not
yield a virtuous sexual act. Kant and Karol Wojtyla (Pope John Paul II) take this
position: willingly allowing oneself to be used sexually by another makes an object
of oneself. For Kant, sexual activity avoids treating a person merely as a means only
in marriage, since here both persons have surrendered their bodies and souls to each
other and have achieved a subtle metaphysical unity, “only love can preclude the use
of one person by another14” since love is a unification of persons resulting from a

13
Finnis, John. “Law, Morality, and ‘Sexual Orientation’,” Notre Dame Law Review 69:5 (1994), pp. 1049-76.
14
Kant, Immanuel. The Metaphysics of Morals. Translated by Mary Gregor. Cambridge, Eng.: Cambridge University
Press, 1996.

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mutual gift of their selves. Note, however, that the thought that a unifying love is the
ingredient that justifies sexual activity (beyond consent) has an interesting and ironic
implication: gay and lesbian sexual relations would seem to be permissible if they
occur within loving, monogamous homosexual marriages (a position defended by
the theologians Patricia Jung and Ralph Smith, in Heterosexism). At this point in the
argument, defenders of the view that sexual activity is justifiable only in marriage
commonly appeal to Natural Law to rule out homosexual marriage.

16. Consent Is Sufficient

On another view of these matters, the fact that sexual activity is carried out
voluntarily by all persons involved means, assuming that no harm to third parties
exists, that the sexual activity is morally permissible. In defending such a view of
the sufficiency of consent, Thomas Mappes writes that “respect for persons entails
that each of us recognize the rightful authority of other persons (as rational beings)
to conduct their individual lives as they see fit15”. Allowing the other person’s
consent to control when the other may engage in sexual activity with me is to respect
that person by taking his or her autonomy, his or her ability to reason and make
choices, seriously, while not to allow the other to make the decision about when to
engage in sexual activity with me is disrespectfully paternalistic. If the other
person’s consent is taken as sufficient, that shows that I respect his or her choice of
ends, or that even if I do not approve of his or her particular choice of ends, at least
I show respect for his or her ends-making capability. According to such a view of
the power of consent, there can be no moral objection in principle to casual sexual
activity, to sexual activity with strangers, or to promiscuity, as long as the persons
involved in the activity genuinely agree to engage in their chosen sexual activities.

If Mappes’s free and informed consent criterion of the morality of sexual activity is
correct, we would still have to address several difficult questions. How specific must
consent be? When one person agrees vaguely, and in the heat of the moment, with
another person, “yes, let’s have sex,” the speaker has not necessarily consented to
every type of sexual caress or coital position the second person might have in mind.
And how explicit must consent be? Can consent be reliably implied by involuntarily
behavior (moans, for example), and do nonverbal cues (erection, lubrication)
15
Mappes, Thomas. “Sexual Morality and the Concept of Using Another Person,” in Thomas Mappes and Jane
Zembaty, eds., Social Ethics, 4th edition. New York: McGraw-Hill, 1992, pp. 203-26

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decisively show that another person has consented to sex? Some philosophers insist
that consent must be exceedingly specific as to the sexual acts to be carried out, and
some would permit only explicit verbal consent, denying that body language by itself
can do an adequate job of expressing the participant’s desires and intentions. (See
Alan Soble, “Antioch’s ‘Sexual Offense Policy’.”)

Note also that not all philosophers agree with Mappes and others that fully voluntary
consent is always necessary for sexual activity to be morally permissible. Jeffrie
Murphy, for example, has raised some doubts16

Murphy implies that some threats are coercive and thereby undermine the voluntary
nature of the participation in sexual activity of one of the persons, but, he adds, these
types of threats are not always morally wrong. Alternatively, we might say that in
the cases Murphy describes, the threats and offers do not constitute coercion at all
and that they present no obstacle to fully voluntary participation. (See Alan
Wertheimer, “Consent and Sexual Relations.”) If so, As suggested by Murphy’s
examples, another debate concerns the meaning and application of the concept
“voluntary.” Whether consent is only necessary for the morality of sexual activity,
or also sufficient, any moral principle that relies on consent to make moral
distinctions among sexual events presupposes a clear understanding of the
“voluntary” aspect of consent. It is safe to say that participation in sexual activity
ought not to be physically forced upon one person by another. But this obvious truth
leaves matters wide open. Onora O’Neill, for example, thinks that casual sex is
morally wrong because the consent it purportedly involves is not likely to be
sufficiently voluntary, in light of subtle pressures people commonly put on each
other to engage in sexual activity (see “Between Consenting Adults”).

Murphy’s cases do not establish that voluntary consent is not always required for
sexual activity to be morally right.

17. What Is “Voluntary”?

One moral ideal is that genuinely consensual participation in sexual activity requires
not a hint of coercion or pressure of any sort. Because engaging in sexual activity
can be risky or dangerous in many ways, physically, psychologically, and

16
“Some Ruminations on Women, Violence, and the Criminal Law,” p. 218

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metaphysically, we would like to be sure, according to this moral ideal, that anyone
who engages in sexual activity does so perfectly voluntarily. Some philosophers
have argued that this ideal can be realized only when there is substantial economic
and social equality between the persons involved in a given sexual encounter. For
example, a society that exhibits disparities in the incomes or wealth of its various
members is one in which some people will be exposed to economic coercion. If some
groups of people (women and members of ethnic minorities, in particular) have less
economic and social power than others, members of these groups will be therefore
exposed to sexual coercion in particular, among other kinds. One immediate
application of this thought is that prostitution, which to many sexual liberals is a
business bargain made by a provider of sexual services and a client and is largely
characterized by adequately free and informed consent, may be morally wrong, if
the economic situation of the prostitute acts as a kind of pressure that negates the
voluntary nature of his or her participation. Further, women with children who are
economically dependent on their husbands may find themselves in the position of
having to engage in sexual activity whether they want to or not, for fear of being
abandoned; these women, too, may not be engaging in sexual activity fully
voluntarily. The woman who allows herself to be nagged into sex by her husband
worries that if she says “no” too often, she will suffer economically, if not also
physically and psychologically.

The view that the presence of any kind of pressure at all is coercive, negates the
voluntary nature of participation in sexual activity, and hence is morally
objectionable has been expressed by Charlene Muehlenhard and Jennifer Schrag (see
their “Nonviolent Sexual Coercion”). They list, among other things, “status
coercion” (when women are coerced into sexual activity or marriage by a man’s
occupation) and “discrimination against lesbians” (which discrimination compels
women into having sexual relationships only with men) as forms of coercion that
undermine the voluntary nature of participation by women in sexual activity with
men. But depending on the kind of case we have in mind, it might be more accurate
to say either that some pressures are not coercive and do not appreciably undermine
voluntariness, or that some pressures are coercive but are nevertheless not morally
objectionable. Is it always true that the presence of any kind of pressure put on one
person by another amounts to coercion that negates the voluntary nature of consent,
so that subsequent sexual activity is morally wrong?

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18. Conceptual Analysis

Conceptual philosophy of sexuality is concerned to analyze and to clarify concepts
that are central in this area of philosophy: sexual activity, sexual desire, sexual
sensation, sexual perversion, and others. It also attempts to define less abstract
concepts, such as prostitution, pornography, and rape. I would like to illustrate the
conceptual philosophy of sexuality by focusing on one particular concept, that of
“sexual activity,” and explore in what ways it is related to another central concept,
that of “sexual pleasure.” One lesson to be learned here is that conceptual philosophy
of sexuality can be just as difficult and contentious as normative philosophy of
sexuality, and that as a result firm conceptual conclusion are hard to come by.

19. Sexual Activity vs. “Having Sex”

According to a notorious study published in 1999 in the Journal of the American
Medical Association (“Would You Say You ‘Had Sex’ If . . .?” by Stephanie Sanders
and June Reinisch), a large percent of undergraduate college students, about 60%,
do not think that engaging in oral sex (fellatio and cunnilingus) is “having sex.” This
finding is at first glance very surprising, but it is not difficult to comprehend
sympathetically. To be sure, as philosophers we easily conclude that oral sex is a
specific type of sexual activity. But “sexual activity” is a technical concept, while
“having sex” is an ordinary language concept, which refers primarily to heterosexual
intercourse. Thus, when Monica Lewinsky told her confidant Linda Tripp that she
did not “have sex” with William Jefferson Clinton, she was not necessarily self-
deceived, lying, or pulling a fast one. She was merely relying on the ordinary
language definition or criterion of “having sex,” which is not identical to the
philosopher’s concept of “sexual activity,” does not always include oral sex, and
usually requires genital intercourse.

Another conclusion might be drawn from the JAMA survey. If we assume that
heterosexual coitus by and large, or in many cases, produces more pleasure for the
participants than does oral sex, or at least that in heterosexual intercourse there is
greater mutuality of sexual pleasure than in one-directional oral sex, and this is why
ordinary thought tends to discount the ontological significance of oral sex, then
perhaps we can use this to fashion a philosophical account of “sexual activity” that
is at once consistent with ordinary thought.

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20. Sexual Activity and Sexual Pleasure

In common thought, whether a sexual act is nonmorally good or bad is often
associated with whether it is judged to be a sexual act at all. Sometimes we derive
little or no pleasure from a sexual act (say, we are primarily giving pleasure to
another person, or we are even selling it to the other person), and we think that even
though the other person had a sexual experience, we didn’t. Or the other person did
try to provide us with sexual pleasure but failed miserably, whether from ignorance
of technique or sheer sexual crudity. In such a case it would not be implausible to
say that we did not undergo a sexual experience and so did not engage in a sexual
act. If Ms. Lewinsky’s performing oral sex on President Clinton was done only for
his sake, for his sexual pleasure, and she did it out of consideration for his needs and
not hers, then perhaps she did not herself, after all, engage in a sexual act.

Robert Gray is one philosopher who has taken up this line of ordinary thought and
has argued that “sexual activity” should be analyzed in terms of the production of
sexual pleasure. He asserts that “any activity might become a sexual activity” if
sexual pleasure is derived from it, and “no activity is a sexual activity unless sexual
pleasure is derived from it” (“Sex and Sexual Perversion,” p. 61). Perhaps Gray is
right, since we tend to think that holding hands is a sexual activity when sexual
pleasure is produced by doing so, but otherwise holding hands is not very sexual. A
handshake is normally not a sexual act, and usually does not yield sexual pleasure;
but two lovers caressing each other’s fingers is both a sexual act and produces sexual
pleasure for them

There is another reason for taking seriously the idea that sexual activities are exactly
those that produce sexual pleasure. What is it about a sexually perverted activity that
makes it sexual? The act is unnatural, we might say, because it has no connection
with one common purpose of sexual activity, that is, procreation. But the only thing
that would seem to make the act a sexual perversion is that it does, on a fairly reliable
basis, nonetheless produce sexual pleasure. Undergarment fetishism is a sexual
perversion, and not merely, say, a “fabric” perversion, because it involves sexual
pleasure. Similarly, what is it about homosexual sexual activities that makes them
sexual? All such acts are nonprocreative, yet they share something very important
in common with procreative heterosexual activities: they produce sexual pleasure,
and the same sort of sexual pleasure.
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a. Sexual Activity Without Pleasure

Suppose I was to ask you, “How many sexual partners have you had during the last
five years”? If you were on your toes, you would ask me, before answering, “What
counts as a sexual partner?” (Maybe you are suspicious of my question because you
had read Greta Christina’s essay on this topic, “Are We Having Sex Now or What?”)
At this point I should give you an adequate analysis of “sexual activity,” and tell you
to count anyone with whom you engaged in sexual activity according to this
definition. What I should definitely not do is to tell you to count only those people
with whom you had a pleasing or satisfactory sexual experience, forgetting about,
and hence not counting, those partners with whom you had nonmorally bad sex. But
if we accept Gray’s analysis of sexual activity, that sexual acts are exactly those and
only those that produce sexual pleasure, I should of course urge you not to count,
over those five years, anyone with whom you had a nonmorally bad sexual
experience. You will end up reporting to me fewer sexual partners than you in fact
had. Maybe that will make you feel better.

The general point is this. If “sexual activity” is logically dependent on “sexual

pleasure,” if sexual pleasure is thereby the criterion of sexual activity itself, then
sexual pleasure cannot be the gauge of the nonmoral quality of sexual activities. That
is, this analysis of “sexual activity” in terms of “sexual pleasure” conflates what it is
for an act to be a sexual activity with what it is for an act to be a nonmorally good
sexual activity. On such an analysis, procreative sexual activities, when the penis is
placed into the vagina, would be sexual activities only when they produce sexual
pleasure, and not when they are as sensually boring as a handshake. Further, the
victim of a rape, who has not experienced nonmorally good sex, cannot claim that
he or she was forced to engage in sexual activity, even if the act compelled on him
or her was intercourse or fellatio.

I would prefer to say that the couple who have lost sexual interest in each other, and
who engage in routine sexual activities from which they derive no pleasure, are still
performing a sexual act. But we are forbidden, by Gray’s proposed analysis, from
saying that they engage in nonmorally bad sexual activity, for on his view they have
not engaged in any sexual activity at all. Rather, we could say at most that they tried
to engage in sexual activity but failed to do so. It may be a sad fact about our sexual
world that we can engage in sexual activity and not derive any or much pleasure
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from it, but that fact should not give us reason for refusing to call these unsatisfactory
events “sexual.”

Nature v Nurture
Scholars have debated, asserted and posited that the source of homosexuality in both
gay men and lesbian women is found either in nature or nurture, Nature meaning
that someone is born into it or nurture meaning that someone is raised up into it. The
debate as to the source of homosexuality being natural or nurtured has orbited the
issue area of human sexuality since studies into this area were delved into by scholars
like Benkert, Ellis, Kinsey, Ulrich and Hirschfield17

While some scholars posited that homosexuality was a natural predisposition in the
spectrumof sexual attraction, others asserted that homosexuality was a learned
behaviour and was subject to change and/or modification to date, this debate
regarding gender identity continues within the social sciences This chapter puts
forward the question of whether homosexuality is natural or is nurtured.

A study Half of Americans in Gallup's 2018 Values and Beliefs poll say that being
gay or lesbian is a trait from birth, easily eclipsing the 30% who believe it is a
product of upbringing and environment. This is consistent with findings over the
past few years. Another 10% say both explanations play a role, while 4% attribute
being gay to something else and 6% are unsure.

When Gallup first asked this "nature vs. nurture" question in 1977, a majority of
U.S. adults (56%) said being gay or lesbian was due to people's upbringing and
environment, and only 13% saw it as a birth trait. Attitudes didn't shift markedly
until after 1989. Between 1989 and Gallup's next update in 1996, the percentage
believing sexual orientation is determined at birth jumped from 19% to 31%, and
reached 40% by 2001. Opinion remained steady for the next 12 years, as Americans
were roughly split between the two positions. Since 2012, the percentage assigning
sexual orientation to nature rather than nurture has inched up another 10 percentage
points.

17
(McConaghy, 1987; Edwards, 1994; Jenkins, 2006).

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A Values and Beliefs poll, conducted May 1-10, also shows 67% of Americans in
favor of same-sex marriages being legal -- a new high for that viewpoint. Separately,
Gallup recently reported that the percentage of Americans identifying as lesbian,
gay, bisexual or transgender has increased a full point since 2012 and is now 4.5%.

The perception that a person is born gay rather than it being the result of upbringing
or other factors has increased among all demographic and political groups. But,
according to a comparison of aggregated data from 2001 to 2003 vs. 2015 to 2018,
the change in beliefs has been most pronounced among politically left-leaning
groups, including young adults (aged 18 to 34), college graduates, Democrats,
liberals and those who seldom or never attend weekly religious services.

The groups showing the biggest increases in adherence to the "nature" explanation
are, for the most part, those who tend to be more inclined toward this view to begin
with. One exception is young adults -- in the early 2000s, they were a bit less likely
than older adults to hold this view, but they have since become the most likely of all
age groups.

Despite the increases, support for the nature position remains low among
Republicans (36%), conservatives (34%) and weekly churchgoers (36%)

Nature and Nurture Perspectives of Homosexuality

Various scholars have attributed the source of homosexuality to nature and have
argued that it was related to heritability, biology, hormones and genetics; in other
words that homosexuality was innate (Alanko et al., 2010; Jannini et al., 2010;
Morgan, 2012). Bailey et al. (2013) argued that homosexuality had a high heritability
rate, was partly genetic, was related to an in-utero experience and was biologically
determined as did Zietsch et al. (2008). Goodman (1997) asserted that
homosexuality was a genetically heritable family trait and tentatively identified a
region of the X chromosome as the cause of same-sex sexual attraction. Other
scholars had noted incidents of high heritability of homosexuality18 that implied that
there was a biological/genetic component to the same-sex sexual attractions of gay
men19.

18
Bailey et al., 1991; Bailey & Bell, 1993; Bailey et al., 1999.
19
Blanchard et al., 1996) or hormonal (Schwartz et al., 2010; Blanchard, 2012; Alanko et al., 2013; Diamond, 2013

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Aside from heritability, arguments that homosexuality was formed biologically,

hormonally or genetically were put forward by various scholars such as Rice et al.,
2012). Mondimore (1996) posited specifically that the third interstitial nuclei of the
anterior hypothalamus (INAH3) brain functions and anterior commissure of gay men
differed from those of heterosexual men, therefore forming a biological argument
that attraction to men by homosexual men and heterosexual women was biologically
determined. A study conducted by Witelson et al. (2008) in the USA found that that
the isthmus of the corpus callosum in homosexual men was greater than in
heterosexual men.

The isthmus of the corpus callosum was thought to determine sexual attraction, thus
again supporting the biological argument for homosexuality.

Based on a study conducted across five nations, namely the USA, the UK, Canada,
Australia and New Zealand, Lippa (2007) suggested that exposure to the hormone
androgen during gestation caused samesex sexual attraction in males. While the
study by Lippa supports the argument for a hormonal cause of homosexuality,
research conducted by Turner (1995) hypothesised that homosexuality was
genetically determined by a gene at Xq28 of the human DNA structure. Perhaps the
most provocative argument for a biological, genetic and hormonal source of
homosexuality has been put forward by Whitam (1983) based on a cross-cultural
study that found that homosexual men appeared in all societies, that the percentage
of homosexual men in most societies were the same and remained stable over time,
that homosexual subcultures appeared in all societies where there was enough of an
aggregation of people and that social norms did not impede or facilitate the
emergence of homosexuality.

Conversely, other scholars have asserted that homosexuality was learnt or nurtured.
Taylor (1999) asserted that sexual identity was defined by the meaning attributed to
it by an individual. The crux of what Taylor asserted suggested that homosexuality
was nurtured through attribution by external sources (such as media, see
Vandenbosch & Eggermont, 2014) and not sourced from a natural predisposition
within homosexuals. Matthei (1995) argued that sexual identity was formed via
engagement in gendered professions, asserting that environment engendered
homosexuality. For Wilkerson, Ross and Brooks (2009), heteronormativity (the
acceptance that heterosexuality, heterosexual norms and heterosexual values were

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superior to homosexuality, homosexual norms and homosexual values) constructed

homosexuality as inferior and therefore, homosexuality was adopted and nurtured in
those who did not meet the superior standards of a society. More recently, studies
by Bailey, Hoskins, Green and Ritchie (2014) asserted that environment played a
part in sexual inclination and behaviour in different social contexts, and a study by
Crowson and Goulding (2013) raised questions that supported the need for
socialisation to occur in order for homosexuality to be manifested.

Nature: Genetics and Homosexuality

The findings gave credence to the assertions of scholars who have asserted that the
source of homosexuality is genetic and is not constructed by a process of nurturing.
This is seen through the verbatim interview excerpts of the following three
respondents on their belief that their homosexuality is genetic.

I would think that most of it comes from genes, we are born with it. It is a genetic
thing. Scientists are trying to study this. They have not found the gay gene, but I
believe we are wired that way. One study has shown that the gay male brain is similar
to that of a straight woman. I think the size of the brain or the chemicals in the brain
have something to do with it. I think it is biological, I think it is genetic. I have
cousins who are gay and uncles whom I suspect are gay because they have never
gotten married. – Ben, Self-employed, 44 years of age.

The source for me is something internal. I cannot quite put my finger on it, what or
how the whole thing is initiated, so to me it is quite genetically programmed that
way. – Joe, Entrepreneur, 39 years of age.

It is from my blood. It is the attraction to males. You like the smell of a male. You
feel the satisfaction of holding his hand, or cuddling or hugging him. The trust and
feeling of being with a man are much better than being with a woman. – Mike,
Entertainer, 27 years of age.

Nature: Natural and Inherent

The data collected from the respondents suggested that they believed homosexuality
to be natural to them. The source of the respondents’ sexual attraction to other men
is not attributed to a passing phase, a trend or an external source of influence. Rather,

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based on the data collected, the respondents had much to say to support the assertion
that the source of their same-sex sexual attractions came from within themselves.
The respondents used terms such as “born like this,” “naluri” (natural instinct) and
“in my blood” to describe their belief that their same-sex sexual attraction is natural
to them. Examples of this belief in the natural cause of homosexuality are found in
the following three interview excerpts.

I am born this way. I definitely believe this. There is always a tell-tale sign of who I
am and how feminine I am when I was young. Then again it was all a big confusion
when I was in school. From there I start to believe and start to recognize what I am.
– Jack, Graphic Designer, 31 years of age.

It is naluri. At the time I started to realise what I am I did not know any other gay
guys. It is just me. When I am close to a guy I feel something. I am very interested
in guys and I think when I am near a guy I think of sexual things. I think of guys in
a certain (same-sex attracted) way. – Kamal, Undergraduate, 22 years of age.

I think it is part of my nature and it is not something nurtured. You are who you are.
It (homosexuality) is natural; I mean who is there to nurture you as a gay man? Think
about it, when we were children did anyone walk into a classroom and say this is
how you can be gay and this is how to be a gay? – Karl, Professional, 40 years of
age.

Nature: Surfacing of a Natural Inclination

Additionally, the belief of the respondents was that homosexuality is inherent, and
as fluid as sexuality may be, a person’s nature will come to the fore. The responses
on this finding are presented below:

I feel that there are some people who become gay because they have been hurt by a
girl but to me my homosexuality has been there since I was young. If I look at my
past I can see that I have been looking at guys since I was in kindergarten. I know
that there are some people who are born gay and some people who become gay after
being hurt by a girl. But for me being gay has been there my whole life. – George,
Hotelier, 23 years of age.

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I have met a lot of people who from heterosexual become homosexual. I have heard
that there are some people who have been influenced to be gay but I do not think
this is real. I have tried to make some people gay but this did not happen. It is a very
individual experience. – Bobby, Entrepreneur, late 30s.

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CHAPTER TWO
Nurture: Nurturing a Health Perspective of Homosexuality
However, the findings also pointed out that nurturing was necessary to developing
sexual attraction to fruition as part of an integrated and whole identity for the
individual. As stated by the respondents, their homosexuality was not nurtured.
Rather, forces external to them assisted in nurturing a healthy perspective of their
homosexuality. Namely, these forces were peers, role models, friendship with other
gay men and environments that are nurturing of homosexuality and the media. The
following interview excerpts are examples of these forces and the way they nurtured
the homosexuality of the respondents.

I think whether you are gay or not you should really have a very passionate lifestyle
and express it and nurture it. If I map out from there to my gay friends I find them
more colourful. Colourful in the sense that they put in a lot of effort, they are all very
hardworking people, they understand their passion and they actually nurture that. I
actually admire that kind of expression of each and every one of my friends’
passions. This is in comparison to my straight friends or my siblings who get married
at a young age. With marriage came a lot of responsibilities. They give up a part of
themselves, their passion, because they have to live up to their responsibilities and
to their children. So, when comparing the gay friends, I have and the straight friends
I have, straight people are less colourful. Between the two I would gravitate more to
the colourful people. – Joe, Entrepreneur, 39 years of age.

I had a three-year relationship with my ex-boyfriend who was much older than me.
He is an exboyfriend because he passed away quite unexpectedly. We were happy
together and lived together for three years. He taught me a lot about how to be a gay
guy because I started at a young age and he was of a more mature age. He molded
me to be a confident and strong gay person. Not just in terms of being confident, but
also to be mature in my way of thinking. It is important to be mature in my way of

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thinking so that I will be able to make good decisions in my life instead of just
enjoying short-term things. – George, Hotelier, 23 years of age.

I think I have a very good role model in the sense that I have an elder brother who is
also gay. There is a very big age difference between us and when I was going through
my formative years he was overseas and I did not see much of him. But I knew he
was gay and subconsciously it has allowed me to think that it is alright to be gay.
This is because I see that he is happy and all that. – Alex, Professional, 46 years of
age.

Through where I studied and worked in Australia. I was surrounded by people who
are more open. In a big city I would get people who are more able to be open,
whereas when you work in a smaller town people tended to cover up. I think that a
lot of gay men are more creative than the straight ones. You tend to have flair which
combines the masculine and the feminine. You are not too hard and you are not too
soft, you are in between. It gives you the opportunity to be close to gay people who
are already successful, so they tend to be more open-minded and they tend to help
each other out. – Peter, Educator, 36 years of age.

When I was growing up I needed to fund my own education. So, I started working
in this restaurant where the owner, manager and most of the other staff are gay. They
gave me a sense of security and allowed me to see that it was okay to be what I am
and to accept who I am. The people around me at this workplace helped me develop
security in who I am. – Chai, Professional, 36 years of age.

When I was in school I mixed around with friends who are the same as me
(homosexual). We had the same interests, the same behaviors. Initially we were not
so open to sharing that we had sexual interests in men but after we mixed around
more the issue of sexual interest in became normal and was not seen as weird. When
I moved to the city I became more exposed to gay men and sex between two men.
In my kampong (village) it is difficult to see gay male couples, but in a big city it is
easier to see such a thing. It makes me think that it is okay for me to be a gay man.
– Badrul, Undergraduate, 22 years of age.

I have never thought of being gay as something different, or being the only one, or
the only one who has it, or being the only gay on the planet. When I was young I
watched a lot of TV and my first image of a gay man was Boy George. This gave

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me the reinforcement that I am not the only one out there. This made me comfortable
with myself. – Dennis, Professional, 35 years of age.

I grew up in a village. Actually, it is Alor Setar (the state capital of the state of Kedah
Darul Aman, Malaysia) but I call it a village. I could not explore who I am as a gay
man in such a village. So, I used the Internet and from there I read a lot about male
sexuality; whether it is heterosexuality, bisexuality or homosexuality. Then I decided
for myself based on what I read that I am attracted to men only.

– Mike, Entertainer, 27 years of age.

DISCUSSION
The data suggested that while the respondents recognised that the source of their
homosexuality was inborn and/or genetic and therefore natural, the respondents as a
whole also recognise that nurture was necessary for self-acceptance, personal growth
and self-discovery. Analysis of the data suggested that the biological, hormonal and
genetic assertions as the source of homosexuality put forward by past scholars are
shared by the respondents. As seen from the verbatim responses shared with the
researcher, the respondents claimed that their homosexuality was inborn and that
they did not in any way nurture their sexual/romantic/affectionate attraction to
members of their own sex. Additionally, the analysis of the data showed that to some
of the respondents, their homosexuality was neither caused by nor was it an effect
of an external catalyst such as rejection by members of the opposite sex that nurtured
their same-sex attractions. The natural instinct of the respondents is to be sexually
drawn to other men and to recognise other men as sexual beings. It may be conceded
that while the responses of the respondents did not pinpoint the exact internal source
of their homosexuality, the variety of expressions of the perceived source of their
homosexuality may be grouped thematically into that of an internally intuitive
response.

When viewed through the theoretical lens of phenomenology, the lived experience
of the respondents allowed them to ascertain that the source of their homosexuality
was not found in an external lived experience but in an internal lived experience.
This suggested that the intersubjective meaning (hermeneutics) of the homosexuality
of the respondents was not only in the evaluation and reflection of the source of their
homosexuality with other members of society and their peers but also with

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themselves. Additionally, the details provided to the researcher verbatim indicated

that the source of the homosexuality of the respondents was one that they were
comfortable with, and more importantly, there was acceptance that homosexuality
was natural to them (existentialist) and required no external confirmation as valid
and acceptable. The findings showed that phenomenology as a philosophy and a
theory that orbits around heuristics and existentialism is not only an external process.
Rather, an internal process of reflection is possible wherein the individual weighs
and balances two polar perspectives of a lived experience and reaches a conclusion
of the reality of that lived experience. The use of phenomenology as a theoretical
framework then becomes more valuable as a tool for exploring the underlying
experiential process of individuals as they create individualised meaning of their
lived experience.

However, the data also suggested that while the respondents identified the source of
their homosexuality to be internal, they also expressed that external factors or
players were relevant to their homosexuality. The characteristics of these external
factors or players, based on the interviews, were supportive, affirming and
nourishing of the homosexuality of the respondents. In identifying that both the
recognition of the internal source of homosexuality and the relevance of the external
factors or players to the respondents in the context of their homosexuality, it is
plausible to state that nature and nurture are necessary to a holistic development of
homosexuality. The findings above point out that although past scholars and
scientists may make assertions on the source of homosexuality being natural, for the
respondents there was no need for scientific absolutism as they were living their
homosexuality. They could state with certainty that it was natural to them. When
viewed through the lens of phenomenology, what is additionally found is that it is
not the source of the homosexuality that requires nurturing but rather the continued
development of the individual as a selfidentified gay man.

CONCLUSION

The findings of this research add the dimension of complementarity of nature and
nurture to studies of homosexuality. Based on the literature reviewed, this
complementarity is relatively untouched and understudied in the social sciences of
human sexuality. The implications of this are twofold: First, that studies in human
sexuality may need to be viewed from the standpoint of complementarity instead of

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dogmatism so that new paradigms in human sexuality may be put forward; and
second, that a more in-depth understanding of homosexuality is contingent not only
on the source of the homosexuality but also social factors that encourage further
exploration, development and self-acceptance.

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CHAPTER THREE
Natural Law theory on Homosexuality.
The theory of natural law believes that our civil laws should be based on morality,
ethics, and what is inherently correct.

Today natural law theory offers the most common intellectual defense for
differential treatment of gays and lesbians, and as such it merits attention. The
development of natural law is a long and very complicated story. A reasonable place
to begin is with the dialogues of Plato, for this is where some of the central ideas are
first articulated, and, significantly enough, are immediately applied to the sexual
domain. For the Sophists, the human world is a realm of convention and change,
rather than of unchanging moral truth. Plato, in contrast, argued that unchanging
truths underpin the flux of the material world. Reality, including eternal moral truths,
is a matter of phusis “nature’

Its argued that even though there is clearly a great degree of variety in conventions
from one city to another, there is still an unwritten standard, or law from God, that
humans should live under.

In the Laws, Plato applies the idea of a fixed, natural law to sex, and takes a much
harsher line than he does in the Symposium or the Phraedrus. In Book One he writes
about how opposite-sex sex acts cause pleasure by nature, while same-sex sexuality
is “unnatural” (636c).

In Book Eight, the Athenian speaker considers how to have legislation banning
homosexual acts, masturbation, and illegitimate procreative sex widely accepted. He
then states that this law is according to nature. Probably the best way of
understanding Plato’s discussion here is in the context of his overall concerns with
the appetitive part of the soul and how best to control it. Plato clearly sees same-sex
passions as especially strong, and hence particularly problematic, although in the

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Symposium that erotic attraction is presented as potentially being a catalyst for a life
of philosophy, rather than base sensuality20

Accordingly, other natural law proponents such as Aristotle developed the natural
law theory, He makes emphasis upon reason as the distinctive human function, The
Stoics also made their emphasis upon human beings as a part of the natural order of
the cosmos, both of which shape the natural law perspective which says that “True
law is right reason in agreement with nature,” as put forward by Cicero.

Aristotle, in his approach, did allow for change to occur according to nature, and
therefore the way that natural law is embodied could itself change with time, which
was an idea Aquinas later incorporated into his own natural law theory. Aristotle did
not write extensively about sexual issues, since he was less concerned with the
appetites than Plato, Probably the best reconstruction of his views places him in
mainstream Greek society as outlined above; his main concern was with an active
versus a passive role, with only the latter problematic for those who either are or will
become citizens.

Zeno, the founder of Stoicism, was, according to his contemporaries, only attracted
to men, and his thought did not have prohibitions against same-sex sexuality. In
contrast, Cicero, a later Stoic, was dismissive about sexuality in general, with some
harsher remarks towards same-sex pursuits21.

The most influential formulation of natural law theory was made by Thomas
Aquinas in the thirteenth century. He integrated the Aristotelian approach with
Christian theology, Aquinas emphasized the centrality of certain human goods,
including marriage and procreation. While Aquinas did not write much about same-
sex sexual relations, he did write at length about various sex acts as sins. For
Aquinas, sexuality that was within the bounds of marriage and which helped to
further what he saw as the distinctive goods of marriage, mainly love,
companionship, and legitimate offspring, was permissible, and even good. Aquinas
did not argue that procreation was a necessary part of moral or just sex; married
couples could enjoy sex without the motive of having children, and sex in marriages

20
Cf. Dover, 1989, 153–170; Nussbaum, 1999, esp. chapter 12.
21
Cicero, 1966, 407-415.

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where one or both partners is sterile (perhaps because the woman is

postmenopausal).

Aquinas, in a significant move, adds a requirement that for any given sex act to be
moral it must be of a generative kind. The only way that this can be achieved is via
vaginal intercourse by way of opposite sex, since only the emission of semen in a
vagina can result in natural reproduction, only sex acts of that type are generative,
even if a given sex act does not lead to reproduction, and even if it is impossible due
to infertility.

The consequence of the above addition was to rule out the possibility, that
homosexual sex could ever be moral (even if done within a loving marriage), in
addition to forbidding any non-vaginal sex for opposite-sex married couples. What
is the justification for this important addition? This question is made all the more
pressing in that Aquinas does allow that how broad moral rules apply to individuals
may vary considerably, since the nature of persons also varies to some extent. That
is, since Aquinas allows that individual natures vary, one could simply argue that
one is, by nature, emotionally and physically attracted to persons of one’s own
gender, and hence to pursue same-sex relationships is ‘natural’ (Sullivan, 1995).
Unfortunately, Aquinas does not spell out a justification for this generative
requirement.

More recent natural law theorists, however, have presented a couple of different lines
of defense for Aquinas’ ‘generative type’ requirement. The first is that sex acts that
involve either homosexuality, heterosexual sodomy, or which use contraception,
frustrate the purpose of the sex organs, which is reproductive. This argument, often
called the ‘perverted faculty argument’, is perhaps implicit in Aquinas. It has,
however, come in for sharp attack (see Weitham, 1997), and the best recent
defenders of a Thomistic natural law approach are attempting to move beyond it
(e.g., George, 1999a, dismisses the argument). If their arguments fail, of course, they
must allow that some homosexual sex acts are morally permissible (even positively
good), although they would still have resources with which to argue against casual
gay (and straight) sex.

Although the specifics of the second sort of argument offered by various

contemporary natural law theorists vary, they possess common elements (Finnis,

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1994; George, 1999a). As Thomists, their argument rests largely upon an account of
human goods. The two most important for the argument against homosexual sex
(though not against homosexuality as an orientation which is not acted upon, and
hence in this they follow official Catholic doctrine; see George, 1999a, ch.15) are
personal integration and marriage. Personal integration, in this view, is the idea that
humans, as agents, need to have integration between their intentions as agents and
their embodied selves. Thus, to use one’s or another’s body as a mere means to one’s
own pleasure, as they argue happens with masturbation, causes ‘dis-integration’ of
the self. That is, one’s intention then is just to use a body (one’s own or another’s)
as a mere means to the end of pleasure, and this detracts from personal integration.
Yet one could easily reply that two persons of the same sex engaging in sexual union
does not necessarily imply any sort of ‘use’ of the other as a mere means to one’s
own pleasure. Hence, natural law theorists respond that sexual union in the context
of the realization of marriage as an important human good is the only permissible
expression of sexuality. Yet this argument requires drawing how marriage is an
important good in a very particular way, since it puts procreation at the center of
marriage as its “natural fulfillment” (George, 1999a, 168). Natural law theorists, if
they want to support their objection to homosexual sex, have to emphasize
procreation. If, for example, they were to place love and mutual support for human
flourishing at the center, it is clear that many same-sex couples would meet this
standard. Hence their sexual acts would be morally just.

There are, however, several objections that are made against this account of marriage
as a central human good. One is that by placing procreation as the ‘natural
fulfillment’ of marriage, sterile marriages are thereby denigrated. Sex in an opposite-
sex marriage where the partners know that one or both of them are sterile is not done
for procreation. Yet surely it is not wrong. Why, then, is homosexual sex in the same
context (a long-term companionate union) wrong (Macedo, 1995)?

The natural law rejoinder is that while vaginal intercourse is a potentially procreative
sex act, considered in itself (though admitting the possibility that it may be
impossible for a particular couple), oral and anal sex acts are never potentially
procreative, whether heterosexual or homosexual22. But is this biological distinction
also morally relevant, and in the manner that natural law theorists assume? Natural

22
George 1999.

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law theorists, in their discussions of these issues, seem to waver. On the one hand,
they want to defend an ideal of marriage as a loving union wherein two persons are
committed to their mutual flourishing, and where sex is a complement to that ideal.
Yet that opens the possibility of permissible gay sex, or heterosexual sodomy, both
of which they want to oppose. So, they then defend an account of sexuality which
seems crudely reductive, emphasizing procreation to the point where literally a male
orgasm anywhere except in the vagina of one’s loving spouse is impermissible.
Then, when accused of being reductive, they move back to the broader ideal of
marriage.

Natural law theory, at present, has made significant concessions to mainstream

liberal thought. In contrast certainly to its medieval formulation, most contemporary
natural law theorists argue for limited governmental power, and do not believe that
the state has an interest in attempting to prevent all moral wrongdoing.

Still, most proponents of the “New Natural Law Theory” do argue against
homosexuality, and against legal protections for gays and lesbians in terms of
employment and housing, even to the point of serving as expert witnesses in court
cases or helping in the writing of amicus curie briefs. They also argue against same
sex marriage23.

There have however been some attempts, however, to reconcile natural law theory
and homosexuality (see, for example, Lago, 2018; Goldstein, 2011). While
maintaining the central aspects of natural law theory and its account of basic human
goods, they typically either argue that marriage itself is not a basic good (Lago), or
that the sort of good it is, when understood in a less narrow, dogmatic fashion, is
such that same-sex couples can enjoy it. Part of the theoretical interest in these
arguments is that they allow for a moral evaluation of sexuality, still requiring it to
realize the basic good of friendship if it is to be permissible, while avoiding what
seem to be the various problematic aspects of contemporary natural law theorists’
denigration of same-sex sexuality in any form.

23
Bradley, 2001 and George, 1999.

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The natural law theory in ethics and its prescriptions

The claim that human beings are governed by certain innate or basic laws rather than
legislated laws has been the central assumption of the natural law theory in ethics.
According to this theory, there are several basic goods appropriate to the nature of
persons. These goods are ends toward which persons are naturally inclined. They
include, for example, life and health, knowledge and truth, friendship and society .

Aquinas believes that everyone should always be open to the realization of these
goods and hence never oppose them. According to him: We should be positively
oriented towards these goods and promote them as much as we can because it is the
first precept of law that good is to be done and promoted and evil is to be avoided.
All other precepts of the natural law are based upon this: so that all the things which
the practical reason naturally apprehends as man’s good belong to the precepts of
the natural law under the form of things to be done or avoided24.

Thomas Aquinas (1988) further maintains that the first principle of nature which
emphasizes the promotion of good and the avoidance of evil is self-evident not only
because nature has bestowed this and other practical principles on us, but also
because human beings can discover what these moral laws of nature are by using
their reason just as they can discover the laws of logic.

These laws serve as the foundation of moral reasoning. Not only do they apply to
rational creatures that are capable of understanding and following the moral laws of
nature, they are the same everywhere and are established by nature rather than by
human beings25. They operate independently of what people believe, desire, want,
need or feel. If the first principle of the moral law of nature is that good is to be done
and evil is to be avoided, then good has the nature of an end, and evil, the nature of
the contrary. All those things to which man has a natural inclination should naturally
be apprehended by reason as good and consequently as objects of pursuit, and their
contraries as evil, and objects of avoidance. Therefore ‘the order of the precepts of
the natural law is according to the order of natural inclinations’26

24
Baumgarth and Regan, 1988:47
25
Barcalow, 1994: 151.
26
Baumgarth and Regan, 1988:47.

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The centrality of Aquinas natural law theory of morality is that each kind of thing or
species has its own characteristic way of life and way of behaving that is part of its
inherent nature. If this is case, then an organism’s inherent nature provides norms or
standards of what is good for things of that kind. Some ways of life, conditions or
forms of behavior enables members of a species to survive and flourish; others do
not. For instance, it is good for a shark but not for a cat to live in water; it is also
good for a lion but not for a cow to eat meat27. For human beings, reason dictates
how they should act and acting in accordance with reason means acting in
conformity with nature.

Hence whatever is contrary to reason is unnatural and therefore immoral. It is on the

basis of this that Aquinas has condemned homosexual practices as special sins which
are contrary to nature. According to him, contrary to heterosexual intercourse, which
is natural to all animals, is male homosexual union which has received the special
name of the unnatural vice28.

The natural law theory of morality has existed in both classical and thomistic forms.
In its classical form, Moral laws are conceived as varying from nation to nation and
are viewed as positive laws, that is, as laws prescribed by legislative authorities.
Hence, they are mere artifacts of society and conventions which are not really
binding. This conventionalist view, an early cultural relativism, was opposed from
the time of Plato and Aristotle to Cicero and beyond. For them, morality is natural
not conventional. This is because there is a natural law that must be obeyed whether
it is written down by legislative authorities or not.

On the thomistic account, ‘natural law theory is a theory about the relationship
between morality and human nature, the theory that who we are determines how we
ought to act. There is a way of living that is in accordance with human nature, this
kind of natural law theory holds, and morality prescribes that we live such as life’.

Aquinas understood human nature to be defined by reason and freedom; ‘it is our
ability to reason and to make our own free choices, after all, that sets us apart from
animals. Whereas material objects and animals without free will do by nature,
deterministically, as God wills them to do, we who have free will may choose either

27
(Barcalow, 1994:150)
28
(see Baumgarth and Regan, 1988:47)

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to play our part in God’s plan or not. Reason can tell us what this part is; our purpose
is discoverable. With freedom comes responsibility to do as we were made to do’29

If the classical view of the natural law theory of morality is to be considered, the
implication would be that moral principles are v alid relative to a particular
individual or society. To this end, same sex marriage will be viewed as morally
acceptable relative to the individual who engages in such practice or relative to the
group of people who are homosexuals. Since there are no objective standards
through which actions can be assessed going by this classical view, then actions are
considered right relative to different standards.

Similarly, one may want to argue based on the Thomistic account that if human
nature is truly defined by reason and freedom, then homosexual acts are actions that
consenting individuals of the same sex who are also rational have voluntarily agreed
to partake. In this sense, their actions will not be considered contrary to nature
because they are acting in accordance with what, in their own view, human nature
defines. They may argue that since reason sets the path to follow and that it is only
left to them to discover that path, they have chosen to thread the path of being a
homosexual which for them is what reason dictates. They may further argue that
based on their own understanding and interpretation of the concept of ‘the inherent
nature of an organism or organisms of the same species acting in accordance with
what nature defines’, as human beings, it inheres in their nature either as an
individual or as a group to be attracted to each other. This one of the problems of the
Thomistic account of the natural law theory of morality. But it goes beyond this.
There is therefore need to provide a more convincing account of the idea of ‘the
inherent nature of human beings’ so that it will be easier to specify actions that are
condemned because they are contrary to the nature of human beings. In order to
avoid the double-standard conclusion arrived at by the classical account and to foster
a better understanding and interpretation of the idea of ‘the inherent nature of human
beings’, a Thomistic approach to the natural law theory of morality will be employed
for the purpose of this book.

Central to the Thomistic approach is the claim that what is consistent with moral
laws of nature is right and what is not in keeping with these laws is wrong. According
to this approach, human beings have reasoning faculties and the Laws of Nature are
29
Holt, T., (2008), ‘Philosophy of Religion: Natural Law Theory’.

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discernable by human reason. Thus, humans are morally obliged to use their
reasoning faculties to discern what the laws are and then to act in conformity with
them. Human beings have a natural drive to eat, drink, sleep and procreate. These
actions are in accordance with a natural law for species survival and procreation. But
while activities in conformity with such laws are morally good, those that work
contrary to them are morally wrong. What can be inferred from this is that the natural
law theory of morality derives from a rational deduction of what would be consistent
with what appear to reason to be the laws of nature governing human behavior

(Pecorino, 2000). What are the laws of nature that provide guidance for human
actions? Pecorino highlights some of them as including: the law of survival, the
natural action for living things to maintain themselves and to reproduce, and so on
(Pecorino, 2000), though some critics are of the view that it is a major problem for
this theory to determine what exactly those laws are and how they apply to human
circumstances30.

From the discussion thus far, one would see why the natural law theory of morality
is significant for the homosexuality debate. Dianne Irving (2000) has provided
reasons why the natural law theory of morality is useful in many ethical dilemmas.
First, natural law ethical theory aids in understanding which human actions are
morally right or wrong through the aid of human reason alone without referring to
divine revelation31. Also, natural law ethical theory is objectively grounded in what
one can describe as our objectively knowable human nature. That is, in what is really
good or bad for us as human beings, as individuals and as members of human
communities32. Furthermore, the natural law theory of morality is not deduced from
non-empirically derived and questionable philosophical premises or religious
dogmas, or from variable emotions or personal opinions. For example, it is wrong to
use cocaine because our human natures are such that cocaine harms, sometimes even
destroys the body, mind and spirit. It can also seriously harm others close to us as
well as to our human society at large. That is just the way we human beings are
"made"; and we can know this fact objectively and empirically33 (Irving, 2000).
Because the basic assumptions of natural law theory are proximately grounded on

30
The “Homosexuality” Debate: Two Streams of Biblical Interpretation’. Peace Theology.
31
Irving, D.N (2000), ‘Abortion: Correct Application of Natural Law theory’.
32
see Fagothey, 1963: pp. 128-131.
33
Ibid.

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an objectively knowable human nature, they are applicable to all human beings,
precisely because we all possess such human nature.

The possession of natures which are specifically human is precisely what we all have
in common. This is true regardless of time, culture, background, race, sex, religion
or political affiliation (Irving, 2000) Thus, if properly understood and applied,
natural law theory should be ideal for our pluralistic society since presumably, we
are human beings and that holds at least in common for all. What is fundamentally
good or bad for human beings in general will hold for everybody. Although
secondary differences must be taken into consideration, the primary precept of the
natural law will be the same for everybody by virtue of their common humanity, and
these precepts cannot be changed because our human nature and what is objectively
and fundamentally good or bad for them cannot change.

However, Fagothey has identified three determinants of human action in natural law
ethical theory which not only determine its rightness or wrongness but must be good
for an action to be considered good. These are: the act itself, the motive or intention
and the circumstances. The act itself (what the agent wills) may be good, evil, or
neutral by its very nature. There exist acts which in themselves are always seriously
wrong by reason of their object, independent of circumstances (that is, the kind of
act willed).

Fagothey gave examples of such acts as include whatever is hostile to life itself, such
as any kind of homicide, genocide, abortion, euthanasia and voluntary suicide;
whatever violates the integrity of the human person, such as mutilation, physical and
mental torture and attempts to coerce the spirit; whatever is offensive to human
dignity, such as subhuman living conditions, arbitrary imprisonment, deportation,
slavery, prostitution and trafficking in women and children; degrading conditions of
work which treat laborers as mere instruments of profit, and not as free responsible
persons; all these acts and the like are a disgrace, and so long as they infect human
civilization they contaminate those who inflict them more than those who suffer
injustice ...34.

Fagothey also notes that there is the motive or intention (consciously willed) which
the agent wants to achieve by the act, that is, the end, purpose or goal of the action

34
(Fagothey, 1963, 94-98)

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and why the action is performed, finally are the circumstances which are the
accidental surroundings of the act which also include the consequences of the act.
For instance, the act of intercourse with a willing spouse or forcibly with a stranger
or one's child; or that there are no other medical treatments available. Going by these
three determinants, it is important to note that an action which is evil in itself (by its
nature) cannot be made good or indifferent by any intentions, goals or circumstances
- no matter how good or praiseworthy these are per se. On the other hand, an action
which is good in itself (by its nature) can be morally ruined by any gravely bad
intentions or circumstances35.

35
Fagothey, A. (1963), Right and Reason (2nd or 3rd editions only) (St. Louis: The C.V. Mosby Company).

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CHAPTER FOUR
THE HOMOSEXUALITY DEBATE AND THE MORAL
ABHORRENCE OF THE ACT
Are homosexual relationships truly contrary to the laws of nature? If the answer is
yes, some may want to argue that homosexual practices be condemned completely
because it is unnatural. Barcalow argues that if one considers the argument of the
natural law theory of morality which says that ‘each kind of thing or species has its
own characteristic way of life and way of behaving that is part of its inherent nature’
(Barcalow,1994:150), then one may be tempted to want to hold that homosexuals
are members of the same species in which case one may also want to consider the
genetic make-up that characterizes homosexuals which makes it somewhat natural
to find members of the same sex attractive36.

This is because an organism’s inherent nature provides norms or standards of what

is good for things of that kind (Barcalow, 1994:150). One cannot rule out the
possibility of both biological and environmental influences that predispose actors to
same sex relationships. Some biological factors which help explain some causes of
homosexuality include hormonal differences, DNA traits, as well as the size of the
hypothalamus in comparison between a homosexual man and a heterosexual man.
In an attempt to attribute the causes of homosexual behavior to nature, Ashleigh
(2012) referred to the experiment conducted by D.F Swaab in 1900 which became
the first experiment to document a physiological difference in the anatomical
structure of a homosexual person’s brain.

While conducting post-morte m examinations, Swaab discovered that a portion of

the hypothalamus was structurally different in a homosexual person’s brain than in
a heterosexual person’s brain; finding that the suprachiasmatic nucleus (SCN), a
small portion of the hypothalamus was generally twice as large as the

36
Barcalow,1994:150.

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suprachiasmatic nucleus (SCN) in heterosexual males. Ashleigh further explains that

as at the same time Swaab conducted his experiment, another scientist, Laura Allen,
made a quite similar discovery in the hypothalamus also; finding that the anterior
commissure (AC) of the hypothalamus was also significantly larger in the
homosexual subjects than that of the heterosexuals (see Ashleigh, 2012).

The centrality of Ashleigh’s argument is that homosexual and heterosexual men

differ in the central neuronal mechanisms that control sexual behavior. The
difference in anatomy was no product of upbringing or environment, but rather pre-
natal cerebral development and structural differentiation.

Homosexuality is therefore caused by a person’s biological and genetic foundation

because it has to do with brain anatomy and genetics and this further explains why
sexual orientation is not due to environmental factors.

Contrastively, some social scientists are of the opinion that homosexual behaviors
are consequences of environmental factors. For these people, homosexuality is
essentially the primary responsibility of the social and cultural environment in which
individuals find themselves. Family influences shape us at those influential stages in
our life which determine our ways of life predisposing us to certain sexual
orientations be it heterosexual, homosexual or bisexual. Just as variables of the
family process are predictors of child adjustment so also do family support has a
crucial impact on adolescent health and adjustment37.

The primary task of parenting lies in the ability to nurture and protect one’s child.
Children have different upbringings, education, religions and culture, psychosocial
backgrounds, socio-economic attributes and emotional or traumatic events, which
impact and mold who and what that child is and the way in which the parents or
parent copes with these challenges is reflected on their child. For that reason, the
qualities of the relationship are better predictors of child adjustment than variables
of family structure38.

Homosexuality is an issue that concerns both Muslims and Christians because both
religions share almost the same values. What are the concerns of these religions as
they relate to the homosexual debate? The Bible and the Qur’an have rejected

37
(See Rhon, 2012)
38
(See Rhon, 2012)

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homosexual practices not only on religious grounds but also on grounds of not
conforming to what one can describe as appropriate human sexual expression.

What constitutes appropriate human sexual expression and how does one describe
it? Responding to this question, Thomas Schmidt (1995) opines that a fundamental
problematic underlies the controversy regarding the homosexuality debate and in
order to have a proper understanding of this problematic, it is important to analyze
what appropriate human sexual expression would be.

The creation account of Genesis 1–2 and its later use by Jesus has been viewed by
some authors as significant in establishing how an appropriate human sexual
expression ought to be,39 In complementation of Schmidt’s account, Ted Grimsrud
opines that our understanding of appropriate human sexual expression should follow
from Genesis particularly its emphasis on creation which serves to make four crucial
points regarding sexuality.

These are: that reproduction is good, that sex is good, that marriage is good and that
male and female are necessary sexual counterparts40. The implication of these for
the homosexuality debate is that same sex sexual relationships are problematic not
only because this act reflects an implicit rejection of the very order of creation
(which consequently implies a rejection of God), but also because it undermines the
sanctity of opposite-sex marriage. Because it is implicit in homosexual acts that a
different expression of sexuality outside of the God-created intent for human beings
is good, such a rejection of God’s wills is unacceptable for all Christians who accept
the authority of the Bible41. Leviticus 18:22-23 and 20:13 express the most direct
teaching in the Old Testament against same-sex sexual relationships.

Leviticus 18:22 says ‘you shall not lie with a male as with a woman. It is an
abomination’ while Leviticus 18: 23 says: ‘Nor shall you mate with any animal, to
defile yourself with it. Nor shall any woman stand before an animal to mate with,
Similarly, Leviticus 20:13 says that: ‘If a man lies with a male as he lies with a
woman, both of them have committed abomination. They shall surely be put to
death. Their blood shall be upon them’

39
Schmidt, 1995: 43
40
Ted Grimsrud (2012)
41
(Schmidt, 1995:48),

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The main reason the Bible speaks so clearly against same sex sexual activity which
does not occur within the context of opposite-sex marriage, According to Schmidt’s
view is that illicit sexual activity is understood to be a threat to the very social
foundations of the Bible’s faith communities. Hence, if God’s intent for opposite-
sex marriage is the only appropriate context for sexual relationships, then the denials
of the exclusivity of this context implicit in same-sex relationships means rejecting
God42.

In a similar account to that offered by Grimsrud and Schmidt, Richard Hays,

explains that ‘the practice of same-sex sex may be understood as a type of
“sacrament” for the contra-faith of those who reject God as creator and ruler of the
universe. Faith in God includes, by definition, an acceptance of the order God has
created and ‘to blatantly deny the exclusive normativity of male/female sexuality is
par excellence, an expression of the refusal to honor God as God43.

Speaking in a similar vein, Stanley Grenz, opines that ‘our direction as human beings
may be seen in the fact that God created human beings as male and female’ in
Genesis 1:27. Also, Genesis 2:18 tells us that ‘simply as male, the first human being
was incomplete and God created created Eva for Adam. To be complete therefore,
human living must include both sexes, different from one another and yet
complimentary’44.

Grenz describes sexual intercourse as an act that has profound symbolic meaning
with three fundamental messages as its core. First, sexual intercourse symbolizes the
exclusive bond between husband and wife – reflecting the biblical confession that
the person of faith has an exclusive bond with God. It also symbolizes the mutuality
of the marriage relationship – each partner finding pleasure in the intimacy and
seeking to foster the other’s pleasure. Lastly, sexual intercourse symbolizes the
married couple’s openness to new life emerging from their relationship through the
birth of children45. Grenz stresses that legitimate and appropriate sexual intimacy
must always be symbolic in these ways, and that the institution of marriage is meant
to foster such rich symbolism. In doing so, marriage serves as a crucial element in
the life of the faith community (Grimsrud, 2012). If this is the case, then same-sex
42
(Grimsrud, 2012)
43
Richard Hays (1996)
44
(Grenz, 1998: 103)
45
Grenz, 1998: 108.

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covenant relationships simply cannot share in the richness of this symbolism. The
conclusion to be drawn from this is that same sex covenant relationships among
Christians should not be allowed because they devalue the sacred institution of
marriage. In spite of the above arguments, there are also arguments making a case
for homosexual practices. As quoted by Ted Grimstrum (2012), Daniel Helminiak
(1994: 32) for instance argues that regarding present day issues, we must not draw
strong conclusions about the applicability of biblical texts. This according to him is
because we do not have adequate historical background to determine what the texts
meant to their writers when they wrote them and even first readers. This uncertainty
he says, applies to many biblical texts that appear to address issues of same sex
sexuality. Helminiak further argues that when properly examined, biblical teachings
concerning same sex sexuality as seen in the Bible was not addressing the same type
of relations that are under scrutiny in today’s context. According to him, ’the Bible
did not know of homosexuality as a sexual orientation; only of homogenital acts.
Hence, it gives no answer about spontaneous affection for people of the same sex
and about the ethical possibility of expressing that affection in loving, sexual
relationships’.

Myers and Scanzoni (2005) opine that the Bible does not use the actual word
“homosexuality”. The few references to same sex sexual acts take into cognizance
other kinds of related problems such as idolatry, violent rape, lust, exploitation and
promiscuity. The Bible seems to have no awareness of our contemporary
understandings of homosexual orientation or the possibility of covenanted same-sex
partnerships (Myers and Scanzoni, 2005, 84-85). It is as a result of this that
Grimstrum (2012) sounds a note of caution. According to him, to force people of
same sex who are attracted to each other to enter into heterosexual marriages may
be highly problematic. In doing this, a significant number to people may be
consigned to lives that will be less fulfilling and fruitful than they could be.
Similarly,

Myers and Scanzoni opine that the notion of innate sexual differences and the need
for heterosexual marriage to provide the context for a needed complementarity that
uniquely allows for human wholeness in practice, tends to foster a continued attitude
of the dependence of women on men for their completeness46. Such approach

46
Myers and Scanzoni, 2005:111.

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according to them hinders everyone’s call to be whole persons who can develop both
their active and affective sides.

In a similar development, Rogers argues that the Bible’s condemnation of sexual

contact between two men reflects historical cultural assumptions that saw such
conduct as a confusion of sex roles; assumptions totally ignorant of what we
understand today to be the innate sexual orientation of many who are attracted to
those of their same sex. Having examined arguments making a case for homosexual
acts, one may want to know whether the Leviticus is reflecting an underlying,
universal, creation-based principle as the basis for the prohibition of male/male sex,
or whether it is reflecting instead time-bound contextual concerns that no longer are
directly relevant for Christians47.

Rogers (2006) respond by stressing that: Although the Bible’s strongest anti-
male/male sexual relationship statements are found in the book of Leviticus, the
cultural context for those statements then was the need Israelites felt for strong
cohesiveness as a means of sustaining their identity as a people in relation to the
Egyptians and Canaanites. A major aspect of maintaining this separation was to
avoid “mixing” in any way with Canaanites and their social and religious practices.
The need not to mix came to apply to a wide range of behaviors, not having more
than one kind of seed in a field and not having more than one kind Lanre-
AbassBolatito: Natural Law Theory & the Homosexuality Debate 198 of fabric in
one’s clothing. For two men to have sex would be to mix sex roles, one taking on
the role of a woman, thus crossing a cultural boundary in intolerable ways. Thus, the
condemnation of male/male sex in Leviticus applied to a specific cultural context. It
was not a timeless, absolute directive48

Apart for the religious tenets of Christianity, Islam also forbids homosexual
behavior. There are two major references to homosexual behavior in the Quran
although there are also other related ones. The two main references are Qur’an 7:
80- 81 and 26:165. In Qur’an 7: 80-81, Allah explains that "We also sent Lut: He
said to his people: "Do ye commit lewdness such as no people in creation (ever)
committed before you? For ye practice your lusts on men in preference to women:
ye are indeed a people transgressing beyond bounds." (Qur'an7:80-81). Similarly,

47
Grimstrum, 2012.
48
Rogers, 2006: 72.

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Qur’an 26:165-166 holds that "Of all the creatures in the world, will ye approach
males, and leave the whom Allah has created for you to be your mates? Nay, ye are
a people transgressing (all limits)!". Other verses include Qur’an 27:55 and 29:28-
29. Qur’an 27:55 holds that ‘Would ye really approach men in your lusts rather than
women? Nay, ye are a people (grossly) ignorant!’ while Qur’an 29:28-29 says ‘And
(remember) Lut: behold, he said to his people: "Ye do commit lewdness, such as no
people in Creation (ever) committed before you. Do ye indeed approach men, and
cut off the highway and practice wickedness (even) in your councils?" But his people
gave no answer but this: they said: "Bring us the Wrath of God if thou tell the truth".

Also, in the hadith, mention was made of same sex gay and lesbian acts. The Hadith
are collections of sayings attributed to Muhammad (S.A.W). Many Hadiths (ahadith)
discuss liwat (sexual intercourse between males). Two examples are: "When a man
mounts another man, the throne of God shakes" and "Kill the one that is doing it and
also kill the one that it is being done to" (referring here to the active and passive
partners in homosexual sexual intercourse) (www.thereligionofpeace.com). Just as
mention was made of gay acts, so also was there at least one mention of lesbian
behavior in the Hadith: "Sihaq (lesbian sexual activity) of women is zina
(illegitimate sexual intercourse) among them." (www.missionislam.com.). As
narrated by Abu Sa’id al-Khudr, ‘the Prophet (S.A.W) said: A man should not look
at the private parts of another man, and a woman should not look at the private parts
of another woman. A man should not lie with another man without wearing lower
garment under one cover; and a woman should not lie with another woman without
wearing lower garment under one cover. (Abu Dawood) (see
www.missionislam.com).

Similarly, as narrated by Abu Hurayrah: ‘the Prophet. (S.A.W) said: A man should
not lie with another man and a woman should not lie with another woman without
covering their private parts except a child or a father’49. Also, Abu Dawud (4462)
reports that: The Messenger of Allah (peace and blessings of Allah be upon him)
said, "Whoever you find doing the action of the people of Lot, execute the one who
does it and the one to whom it is done." Again, Abu Dawud (4448) narrates that "If
a man who is not married is seized committing sodomy, he will be stoned to death."
(Note the implicit approval of sodomizing one's wife). Bukhari (72:774) also

49
www.missionislam.com.

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reports that "The Prophet cursed effeminate men (those men who are in the
similitude (assume the manners of women) and those women who assume the
manners of men, and he said, 'Turn them out of your houses' The Prophet turned out
such-and-such man, and 'Umar turned out such-and-such woman." Finally, Al-
Tirmidhi, Sunan 1:152 reports that Muhammad said,"Whoever is found conducting
himself in the manner of the people of Lot, kill the doer and the receiver." It is
pertinent to note that both Christianity and Islam are religions that regulate the lives
of African people and they derive their values from both religions. In Islam for
example, it often said that even though this religion allows some latitude to ponder
and reconsider some issues, homosexuality is clearly and explicitly condemned by
the Quran (see Qur’an7:80-83, 11:77-79). The Prophet and his progeny once said,
‘when we have a conflict with the Quran, which is the word of God verbatim, we do
not ask where the Quran went wrong but rather why are we, limited beings, in
conflict with the wisdom of the absolute, God Almighty’. What follows from this is
that Muslims do not make up their religion but receive and obey it. This is not to say
that Muslims hate the homosexual person but rather that they find the behavior
morally repugnant. Their interests lie in helping those who have these tendencies or
practice such behavior and at the same time showing love and care. This has become
imperative because everything has been created in pairs by God and each is endowed
with physical and psychological characteristics to complement and complete one
another. The Quran chapter 4 verse 1 for instance states that ‘human beings have
been created from one living entity (nafs) which represents the origin of both the
male and the female. The human species though has included male and female since
its existence. The "mating" or "spousing" of male and female sexes is original in
human nature and out of this instinctive relationship the human race develops,
continues and spreads’. Also, ‘between the two sexes a gravitating combination of
love, tenderness, and care is engendered, so that each finds in the other completeness,
tranquility, and support’ (Quran 30:21). This is because ‘having children and loving
them represents another fulfillment of human nature (Quran 42:49-50)’ and ‘it is
through this spousal complementation and completion, that each spouse achieves
comfort, and enjoys peace of mind, satisfaction, and fulfillment. These relationships
extend beyond the physical sexual contact and to psychological, spiritual relations’
(Quran, 7:189). However, the blessings of this completeness are not the end of such
accomplishment:

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They continue and develop through bringing forth children, raising them, and
providing the whole family with material, emotional, and moral needs. The pleasures
of completion and procreation may well be extended and multiplied, when one is
granted grandchildren, who not only represent genealogical continuation, but are
also a dynamic revitalization of the human race. Such physical- psychological-
spiritual development through spousing and mating, followed by procreation which
may continue for more than one generation, ought to lead every sensible human
being to be grateful to God for His successive and multiplying favors with his own
family throughout his lifetime. Such persons and their happy veritable families
would be models for the whole society; Quran 25:72.

The above indented quotation tends to make one want to know whether homosexual
act is in any way beneficial to humanity at large. In what way (s) is this act likely to
advance or retard humanity? Even if there is a genetic propensity towards
homosexuality as some would claim, the nobility of the human spirit can overcome
it. Some people may have a strong urge to have a homosexual contact, a heterosexual
contact with one other than one's own spouse, or to steal or kill. The nobility of the
human spirit is to resist all these and this is what elevates human beings to a greater
status above that of animals. It is interesting to note that both Islam and Christianity
as religions are committed not only to upholding the family unit and its values but
also to protecting it as one of the most important and socially viable nuclei of any
society without neglecting the need to maintain a balance between the rights of
individual and society's wellbeing. Both religions place a higher value on society's
wellbeing than an individual's right to actively promote counter values that will
ultimately damage the society at large (www.missionislam.com). Members of a
particular society have the right to resist the introduction of any value that is likely
to constitute a threat to the wellbeing of its members and ensure the protection of
certain important values against such an onslaught. This resistance should never be
an aggression against any individual or groups, but a firm and principled stand
against the counter values being promoted, while promoting those important values
with conviction but in a subtle manner within the society. In what way (s) has the
Yoruba culture been able to collectively promote some of these values and counter
the threat of homosexuality? Values placed on the institution of marriage and
procreation in the Yoruba culture an important moral question to be raised in the
homosexuality debate is: when two people of the same sex interact to produce

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orgasms, what are the likely benefits of such relationship? Homosexual practice is
often considered a morally abhorrent act in many countries particularly in Africa
where the purpose of orgasms is not only for sexual gratification but also to produce
offspring. Certain values are placed on marriage and procreation in Africa.

According to Alexander Abasili, Marriage and procreation are intertwined and

inseparable in Africa. It is almost always presumed that readiness for marriage is
readiness for procreation; to get married is an opportunity to contribute freely,
through procreation, to the survival of the lineage and society at large. During
marriage (both traditional, Islamic and Christian), one of the most appreciated and
common gestures of good-will shown to the newly married couple is praying for
them for the fruit of the womb: ‘may God grant you many children’, ‘you shall give
birth to male and female’, ’in nine months we shall gather to celebrate the birth of
your baby’. In these wishes, both the societal perception of marriage and the use of
sexuality in marriage as primarily geared toward the begetting of progeny are
encapsulated50.

From the above, one would see that the significance of marriage and procreation
cannot be underestimated in many African societies. Traditionally, the purpose of
marriage was procreation. Children were regarded as the seal of marriage. Parents
had the role of looking after the well-being and development of their children, yet
the whole community shared responsibility for child rearing

To this end, Gecaga a sociologist stressed that: In traditional African society there
was a procreative emphasis on marriage due to the value attached to children.
Marriage was believed to be divinely instituted and sanctioned. Child bearing was a
sacred duty that had to be carried out because transmitting life meant sharing in the
divine prerogative of creation itself. In some countries like Uganda, the name of God
is often made part of the children's name. For example, ByaKatonda means 'for or
by the creator'. This shows how people associated God with the continuation of life
through the birth of children. Moreover, children served to perpetuate the family
name and maintain the link between ancestors and the living.

A woman's status in society was determined by the children she bore and her entire
life was centered on them. Because marriage rites are followed so strictly in Africa,

50
Abasili, 2012.

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 The Strix Mythology Demystified

African marriage rites are considered very important to the African people. Marriage
symbolizes the beginning of a new life: In African Traditional Religion, marriage is
a cherished fecundity and is intended for procreation. Marriage involves not only
interpersonal relations but also intercommunity relations. The survival of kinship in
the social structure depends on marriage; marriage always establishes very strong
bonds between the individuals belonging to different families and clans, especially
when children are born. When a community seeks out a wife or a son-in-law, they
look for one that lives up to their expectations; a person with good moral qualities,
industrious in physical work, respectful towards their elders and a good reputation.
Physical attractiveness doesn’t matter as much as the community’s expectations.

Fertility is the central requirement in marriage the purpose of marriage is the social
reproduction of the kinship group. The entire community, including living and
deceased, are involved in the marriage process. There are certain rituals and taboos
that must be observed in regard to marriage. Respect of in-laws and the observance
of distance between in-laws, just to name a few. Prayers and sacrifices are offered
to the ancestors on behalf of the groom and the bride. Fertility and healthy deliveries
are prayed for. A marriage ceremony takes place over a certain period of time. There
are stages of marriage which differ from community to community. But the basic
stages include: friendship between the groom and the bride, courtship though this
may not be needed in some communities and finally, the marriage proper which
involves paying bride price to the bride’s family. Once a child is delivered after the
marriage, the marriage is complete.

Through the birth of a child, the marriage union is complete and a husband and wife
belong completely to one another. This consequently seals the bond between the two
families and communities. Life in African communities is when the husband and the
wife are together, alone one is considered for instance, The Yoruba culture places
great value on the need to marry and procreate. The homeland of Yoruba culture is
West Africa. This homeland spans the four West African countries of Nigeria, Benin
Republic, Togo and Ghana (Abimbola, 2006:35). The Yoruba people occupy the
southwestern part of Nigeria with an estimated population of fifteen million in Lagos
and thirty-five million in southwestern parts of Nigeria due to their large
concentration (Abimbola, 2006:35).

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There are many stories, myths and legends in the sacred text of Yoruba religion (Ifa)
which serve to explain that Ile-Ife is the place where the earth and all its inhabitants
were created. Although their language is mainly Yoruba, there are over fifty different
dialects of Yoruba language in West Africa and the diaspora. The preference for
marriage and procreation among the Yoruba has been discussed by Oyeronke
Olajubu (2012) who also describes the essence of sex in this culture in her work: A
social-cultural analysis of celibacy among the Yoruba. According to her, the proper
use of sex aims at just one goal: to have children and this is done in order to ensure
continuity of the human race. Sex is recognized as a gift from the creator to both
men and women, but its use is monitored to avoid abuse. The Yoruba do not attach
any form of guilt to sexual feelings except where they are not properly utilized, such
as in incestuous relationships or when they violate specific religious values such as
sex on the bare ground or in the afternoon (Olajubu, 2012). Similarly, the Yoruba
would frown at same sex relationships mainly because this is contrary to values
which are highly valued among them. One can add that the high value placed on
marriage and procreation accounts for why homosexual act is often seen as highly
degrading and abominable among the Yoruba. Such act is likely to subvert and
damage certain traditional African socio-cultural values and practices particularly as
they relate to marriage and procreation in Yoruba land. Marriage is the prescribed
setting for the exercise of human sexuality among the Yoruba (Olajubu, 2012).

In order to further illustrate the importance of marriage in the Yoruba society,

Olajubu explains that: Marriage is a duty expected of all adult male and female
members of Yoruba society. Marriage is one of the characteristics of a mature
person, because to be unmarried is perceived as a feature of childhood, irrespective
of the individual’s age. Marriage conveys a status of responsibility, which may not
be true of an unmarried person. This status at marriage is manifested at different
levels for the male as well as the female. For the Yoruba woman, marriage is an
indication of her maturity because she is able to change residence from her father’s
house to that of her husband. In addition, it shows her ability to manage both human
and natural resources. Also, it bestows on her the privilege to belong to the league
of mothers. Marriage for the man is an indication of maturity because he now
becomes a provider and guardian of others in the family....

Again, the status that marriage bestows on both male and female in Yorubaland
transcends this life into the hereafter because on it hinges the phenomenon of the
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ancestors. Marriage is a rhythm of life in which everyone must participate: the

ancestors, the living, and the yet unborn. (Olajubu, 2012). Marriage and procreation
are inextricably linked in the Yorubaculture. For instance, a typical Yoruba would
say omoniyi (having a child is prestigious), omoboni (metaphorically, children are
like coverings, they are assurances in old age), omolayo (children symbolize
happiness), omo l’eere aye (children are one’s gain on earth). Children are so
important in Yoruba culture because according to them, Bi okete ba d’agba, omu
omo re nii maa mu (literally meaning when a squirrel grows old, it sucks from the
breastmilk of the child. Okete here is used metaphorically to mean human beings
and omuhere is used to denote things like food, clothing, shelter and all other
necessary things needed to take care of the elderly especially at old age. A child is
expected to take care of the elderly at this stage of life; this defines one of the
essences of procreation. A typical Yoruba values child more than any other material
possession. This is often expressed in a proverb that says: bi a l’ogun eru, bi a
l’ogbon iwofa, omo eni ni omoeni (if a person has twenty slaves and thirty pawns,
his child will always remain his child. It is in a similar vein that Oyeronke Olajubu
explains that: Having children is essential in Yoruba marriages. Children are the
glory of marriages, and the more there are of them the greater the glory.

The Lanre-AbassBolatito: Natural Law Theory & the Homosexuality Debate

significance of having children is frequently recorded in Yoruba oral genres
including songs, stories, proverbs, dictums, and dirges. Examples of some sayings
on the importance of procreation in Yoruba oral genres are: omoniyi, omonide,
omol’aso, omoni i wo ‘le de nil’ojo ale, meaning “children guarantee prestige,”
“children are as brass,” “children are cloths (because they shield parents from
shame),” “children take care of the house (concerns) for parents in old age and after
death.” (Olajubu, 2012) For the Yoruba, the need to sustain the family lineage
through procreation is important. This is why a typical Yoruba would describe a
childless married male or female as olori arugun (first in the line of destructive
beings) because according to them, Eni a bi, t’iko bi eniyan, olori arungun ni
(whosoever is given birth to by a human being and yet fails to give birth to somebody
is the leader of a group of destructive beings).

The Yoruba believe that a childless person (the cause of which may be voluntary or
non-voluntary is heading towards destruction). Destruction in this context has to do
with the family lineage. This implies that the person is gradually tending towards the
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elimination of his/her family lineage hence it is advisable to procreate to avoid this.

The Yoruba would say for instance that: esin ku o fi iru s’aiye (when a horse dies,
he leaves his tail in the world). This proverb is often used to refer to a man who is
dead but left a child who can deputize for him. This is not to say that all children
take care of theiraged ones. It is interesting to note that even some successful
children for one reason or the other, do not take care of their aged ones. For such
children, proverbs like akuku bii san jurada rada (to be childless is better than a
useless/worthless child) are often used to describe them. This is not a common
phenomenon though, but in situations where we have children like this, they can be
called to order by well-respected members of the community. This is made possible
because the Yoruba society is communitarian in nature. Also, the fact that people
have children in their early days does not mean such children will live till they are
old. Advice like: omo ko l’ayole, eni omo sin l’o bimo (one cannot rejoice at the
instance of having a child, it is the person who is buried by a child that actually has
a child) are often used to caution couples who are childless and are also desperate to
have children. However, with particular reference to the institution of marriage, the
Yoruba believe that human beings are not homosexuals by nature and this accounts
for the value placed on the institution of marriage. For instance sayings like: a ki
idagba ma l’aya, ibi aye bagbe banil’a a je e, (a man must marry a woman no matter
how late in his life time), foforo foforo imu iyawo, oya ju iyara ofifo lo, (it is better
to marry an ugly woman than to have an empty house), and gogoro biagba, a to bale
ma l’obirin (an adult male who refuses to havea wife reduces himself to the level of
a young inexperiencedboy) all serve to explain the importance of the sacred
institution of marriage in Yorubaland. Also, prayers like eyiniyawo koni mo eni (the
wife’s back will not be so familiar with where she sleeps) are often used to wish the
couple well after marriage. The expectation is that she gets pregnant soon after the
marriage ceremony. If it turns out otherwise, then this means there is a delay in her
ability to get pregnant the implication of which is that the wife’s back will become
familiar with where she sleeps. The Yoruba expressions thus far serve to explain not
only this culture’s preference for marriage and procreation in particular but also
African preference in general. This is not to say that other cultures do not value
marriage and procreation but in Africa, such value is so high that a childless marriage
is considered a misnomer. Godfrey Tangwa (2012) puts this in Lanre-AbassBolatito:
Natural Law Theory & the Homosexuality Debate perspective when he explains that
the value placed on procreation differs across culture. For him, Procreation is a value
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for human beings in general and within all human cultures. But the ways and manner
in which this value is manifested and expressed differ from place to place, from
culture to culture, and these differences can be used as a rough gauge of the extent
or magnitude to which the value is affirmed or upheld against competing values.

There is no part of Africa where children are not greatly valued and where, as a
consequence, large families do not exist or polygamy is not practiced. Children are
so highly valued in Africa that procreation is everywhere considered the main
purpose of marriage and the main cause of, if not justification for, polygamy and
other forms of marriage which may be considered more or less strange from the
perspective of other cultures. Conversely, childlessness remains the main cause of
divorce, as a childless marriage is considered to be equivalent to no marriage at all
as per Tangwa.

Interestingly, many have argued that procreation should not be viewed as the only
essence of marriage; companionship also gives marriage its meaning. Such
minimalist account ofmarriage will only succeed in reducing marital sexual
intercourse to its procreative functions only, which, according to some scholars like
Abasili, is equivalent to ‘animalistic perception of the use of sexuality’. Consequent
upon this, Waite and Gallagher explained that defining marriage solely on the basis
of its procreative function strips marriage of some of its vital aspects and meaning51.

Companionship and mutual assistance between married partners are a vital purpose
of marriage that also deserves attention. The companionship of married couples
rooted in love constitutes enough grounds for happy married life even without
children. With love for each other, married couple can also enjoy sex that is noble,
and both emotionally and physically fulfiling because such pleasure is also part of
marital or conjugal love and life. Granted that procreation is not the only essence of
marriage, these values are no doubt cherished by a typical Yoruba. It is against this
background that Alexander Abasili explains, following Lucy Mair, that the basis of
African emphasis on procreation ‘is that the religious values associated with sex are
concentrated on procreation and not on sexual activity as such’52. This accounts for
why, for the Yoruba people, sex between married couples is seen primarily as an act
of procreation not mere satisfaction. Hence the practice of voluntary childlessness

51
Waite and Gallagher, 2000:79.
52
Mair, 1969:3.

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 The Strix Mythology Demystified

among couples in some parts of the world in which couples for various reasons
voluntarily abstain from having children, is foreign to many African culture
particularly Yoruba culture.

When applied to the homosexuality debate therefore, the implication is that both
men and women are not expected to remain unmarried not to talk of engage in same
sex relationships or marriage. This accounts for why childless couples are sometimes
subjected to family pressure. The parents and the relatives of such couples will
consistently reiterate the consequences of dying childless or without an heir. To
avoid this type of pressure, some men either divorce their wife or marry another that
can give them a child or go into polygamy, while for women, some of them resign
to fate or opt out of the marriage

Conclusion

The natural law theory of morality is to the effect that homosexuality acts are morally
wrong because according to this theory, it is only morally right for an organism to
act in accordance with its inherent nature and if this is the case, then any act
(homosexuality inclusive) that is contrary to human nature and reason is forbidden
and therefore wrong, however a plausible account of what constitutes human nature
is essential to rule out any misinterpretation, otherwise homosexuals might want to
argue that it conforms to their nature to be attracted to the same sex. In this sense,
the fact that homosexuality can’t procreate as propounded by Thomas Aquinas runs
contrary to the values of marriage and procreation which are held in high esteem by
many African culture same sex marriage is morally unacceptable in many African
communities because it devalues the foundation of Gods procreation under Genesis.

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CHAPTER FIVE
ORIGIN OF HOMSEXUALITY
This chapter will explore the various theories that have been proposed to explain the
origins of homosexuality. These include the Biological theories, Psychological
theories and the social theories related to genetics & hormornes, childhood
experiences & family dynamics and culture, religion, & politics respectively.

In an 1868 letter to Karl Heinrich Ulrichs, the terms homosexual and hetrosexual
were coined by Karl-Maria Kertbeny and later published in two pamphlets in 1869.
These became the standard terms when used by Richard von Krafft-Ebing in his
Psychopathia Sexualis (1886)

Although the term is new, discussions about sexuality in general, and same-sex
attraction in particular, have occasioned philosophical discussion ranging from
Plato’s Symposium to contemporary queer theory. Since the history of cultural
understandings of same-sex attraction are relevant to the philosophical issues raised
by those understandings, it is necessary to review briefly some of the social history
of homosexuality. Arising out of this history, at least in the West, is the idea of
natural law and some interpretations of that law as forbidding homosexual sex.
References to natural law still play an important role in contemporary debates about
homosexuality in religion, politics, and even courtrooms. Finally, perhaps the most
significant recent social change involving homosexuality is the emergence of the gay
liberation movement in the West. In philosophical circles this movement is, in part,
represented through a rather diverse group of thinkers who are grouped under the
label of queer theory. A central issue raised by queer theory, which will be discussed
below, is whether homosexuality, and hence also heterosexuality and bisexuality, is
socially constructed or purely driven by biological forces.

As has been frequently noted, the ancient Greeks did not have terms or concepts that
correspond to the contemporary dichotomy of ‘heterosexual’ and ‘homosexual’
(e.g., Foucault, 1980). There is a wealth of material from ancient Greece pertinent
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to issues of sexuality, ranging from dialogues of Plato, such as the Symposium, to

plays by Aristophanes, and Greek artwork and vases. What follows is a brief
description of ancient Greek attitudes, but it is important to recognize that there was
regional variation. For example, in parts of Ionia there were general laws against
same-sex eros, while in Elis and Boiotia (e.g., Thebes), it was approved of and even
celebrated.

Homosexuality in ancient Greece

In classical antiquity, writers such as Herodotus53, Plato54, Xenophon55, Athenaeus56
and many others explored aspects of homosexuality in Greek society. The most
widespread and socially significant form of same-sex sexual relations in ancient
Greece amongst elite circles was between adult men and pubescent or adolescent
boys, known as pederasty (marriages in Ancient Greece between men and women
were also age structured, with men in their thirties commonly taking wives in their
early teens)57.

Nevertheless, homosexuality and its practices were still wide-spread as certain city-
states allowed it while others were ambiguous or prohibited it58. Though sexual
relationships between adult men did exist, it is possible at least one member of each
of these relationships flouted social conventions by assuming a passive sexual role
according to Kenneth Dover, though this has been questioned by recent scholars. It
is unclear how such relations between same-sex partners were regarded in the
general society, especially for women, but examples do exist as far back as the time
of Sappho59.

The ancient Greeks did not conceive of sexual orientation as a social identifier as
modern Western societies have done. Greek society did not distinguish sexual desire
or behavior by the gender of the participants, but rather by the role that each
participant played in the sex act, that of active penetrator or passive penetrated 60.

53
Herodotus Histories 1.135.
54
Plato, Phaedrus 227a.
55
Xenophon, Memorabilia 2.6.28, Symposium 8.
56
Athenaeus, Deipnosophistae 13:601–606.
57
Xen. Oec. 7.5
58
Cohen, David (1994). Law, Sexuality, and Society: The Enforcement of Morals in Classical Athens. Cambridge
University: Cambridge University Press. p. 6. ISBN 9780521466424.
59
Oxford Classical Dictionary entry on homosexuality, pp.720–723; entry by David M. Halperin.
60
Oxford Classical Dictionary entry on homosexuality, pp.720–723; entry by David M. Halperin.

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Within the traditions of pederasty, active/passive polarization corresponded with

dominant and submissive social roles: the active (penetrative) role was associated
with masculinity, higher social status, and adulthood, while the passive role was
associated with femininity, lower social status, and youth61.

Pederasty
The most common form of same-sex relationships between elite males in Greece
was paiderastia (pederasty), meaning "boy love". It was a relationship between an
older male and an adolescent youth. A boy was considered a "boy" until he was able
to grow a full beard. In Athens the older man was called erastes. He was to educate,
protect, love, and provide a role model for his eromenos, whose reward for him lay
in his beauty, youth, and promise. Such a concept is backed up by archeological
evidence experts have found throughout the years, such as a bronze plaque of an
older man carrying a bow an arrow while grabbing a younger man by the arms- who
is carrying a goat. Furthermore, the boy's genitals are exposed in the plaque, thus
experts interpret this, and more evidence comparative to this, as the practice of
pederasty62.

The roots of Greek pederasty lie in the tribal past of Greece, before the rise of the
city-state as a unit of political organization. These tribal communities were
organized according to age groups. When it came time for a boy to embrace the age
group of the adult and to "become a man", he would leave the tribe in the company
of an older man for a period of time that constituted a rite of passage. This older man
would educate the youth in the ways of Greek life and the responsibilities of
adulthood63.

The rite of passage undergone by Greek youths in the tribal prehistory of Greece
evolved into the commonly known form of Greek pederasty after the rise of the city-
state, or polis. Greek boys no longer left the confines of the community, but rather
paired up with older men within the confines of the city. These men, like their earlier
counterparts, played an educational and instructive role in the lives of their young
companions; likewise, just as in earlier times, they shared a sexual relationship with

61
Ibid.
62
Donnay, Catherine S., "Pederasty in ancient Greece: a view of a now forbidden institution" (2018). EWU Masters
Thesis Collection. 506. http://dc.ewu.edu/theses/506.
63
ibid.

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 The Strix Mythology Demystified

their boys. Penetrative sex, however, was seen as demeaning for the passive partner,
and outside the socially accepted norm64. In ancient Greece, sex was generally
understood in terms of penetration, pleasure, and dominance, rather than a matter of
the sexes of the participants.

According to Dover, pederasty was not considered to be a homosexual act, given

that the 'man' would be taking on a dominant role, and his disciple would be taking
on a passive one. When intercourse occurred between two people of the same gender,
it still was not entirely regarded as a homosexual union, given that one partner would
have to take on a passive role, and would therefore no longer be considered a 'man'
in terms of the sexual union65.

Hubbard and James Davidson argue however that there is insufficient evidence that
a man was considered effeminate for being passive in sex alone. For example, the
lowborn protagonist of Aristophanes' play The Knights openly admits to having been
a passive partner66.

An elaborate social code governed the mechanics of Greek pederasty. It was the duty
of the adult man to court the boy who struck his fancy, and it was viewed as socially
appropriate for the younger man to withhold for a while before capitulating to his
mentor's desires. At first, both erastes and eromenos, show constraint and restraint
their pursuit67.

Soon after, the younger man gives in to his new mentor—erastes—and receives
guidance from him. Nevertheless, it is not certain that those in submission will enjoy
such "trainings" from his mentor—including sexual favors68. However, it is
important to note that not all pederastic relationships were sexual—many were
simply forming of friendship and guidance69.

64
Martha C. Nussbaum, Sex and Social Justice (Oxford University Press, 1999), pp. 268, 307–308, 335; Gloria Ferrari,
Figures of Speech: Men and Maidens in Ancient Greece (University of Chicago Press, 2002), p. 144–5.
65
Davidson, James (2001). "Dover, Foucault and Greek Homosexuality: Penetration and the Truth of Sex". Past &
Present. doi:10.1093/past/170.1.3.
66
Aristophanes. Knights. 1255.
67
Holmen, Nicole. 2010. Examining Greek Pederastic Relationships. Inquiries Journal/Student Pulse 2 (02).
68
ibid.
69
Marilyn B. Skinner, Sexuality in Greek and Roman Culture 2nd edition (United Kingdom: John Wiley & Sons,
2014), 16-18.

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The age limit for pederasty in ancient Greece seems to encompass, at the minimum
end, boys of twelve years of age. To love a boy below the age of twelve was
considered inappropriate, but no evidence exists of any legal penalties attached to
this sort of practice. Traditionally, a pederastic relationship could continue until the
widespread growth of the boy's body hair, when he is considered a man. Therefore,
though relationships such as this were more temporary, it had longer, lasting effects
on those involved. In ancient Spartan weddings, the bride had her hair cropped short
and was dressed as a man. It was suggested by George Devereux that this was to
make the husband's transition from homosexual to heterosexual relationships
easier70. This marks these pederasty relationships as temporary, developmental ones,
not one of sexual and intimate connection like with a woman. During these times,
homosexuality was seen as normal and necessary due to the power dynamic at play
between an older, dominant man, and a younger, submissive one. Yet, when two
men of similar age shared a similar relationship, it was deemed taboo and, in fact,
perverse.

The ancient Greeks, in the context of the pederastic city-states, were the first to
describe, study, systematize, and establish pederasty as a social and educational
institution. It was an important element in civil life, the military, philosophy and the
arts. There is some debate among scholars about whether pederasty was widespread
in all social classes, or largely limited to the aristocracy.

IN THE MILITARY
The Sacred Band of Thebes, a separate military unit made up of pairs of male lovers,
is usually considered the prime example of how the ancient Greeks used love
between soldiers in a troop to boost their fighting spirit. The Thebans attributed to
the Sacred Band the power of Thebes for the generation before its fall to Philip II of
Macedon, who, when he surveyed the dead after the Battle of Chaeronea (338 BC)
and saw the bodies of the Sacred Band strewn on the battlefield, delivered this harsh
criticism of the Spartan views of the band:

70
Cartledge, Paul (1981). "Spartan Wives: Liberation or License?". Classical Quarterly. 31 (1): 101.
doi:10.1017/S0009838800021091. S2CID 170486308.

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Perish miserably they who think that these men did or suffered aught disgraceful 71.
Pammenes' opinion, according to Plutarch, was thatHomer's Nestor was not well
skilled in ordering an army when he advised the Greeks to rank tribe and tribe...he
should have joined lovers and their beloved. For men of the same tribe little value
one another when dangers press; but a band cemented by friendship grounded upon
love is never to be broken.

These bonds, reflected in episodes from Greek mythology, such as the heroic
relationship between Achilles and Patroclus in the Iliad, were thought to boost
morale as well as bravery due to the desire to impress and protect their lover. Such
relationships were documented by many Greek historians and in philosophical
discourses, as well as in offhand remarks such as Philip II of Macedon's recorded by
Plutarch demonstrates.

It is not only the most warlike peoples, the Boeotians, Spartans, and Cretans, who
are the most susceptible to this kind of love but also the greatest heroes of old:
Meleager, Achilles, Aristomenes, Cimon, and Epaminondas.

During the Lelantine War between the Eretrians and the Chalcidians, before a
decisive battle the Chalcidians called for the aid of a warrior named Cleomachus
(glorious warrior). He answered their request, bringing his lover to watch. Leading
the charge against the Eretrians he brought the Chalcidians to victory at the cost of
his own life. The Chalcidians erected a tomb for him in the marketplace in gratitude.

LOVE BETWEEN ADULT MEN

According to the opinion of the classicist Kenneth Dover who published Greek
Homosexuality in 1978, given the importance in Greek society of cultivating the
masculinity of the adult male and the perceived feminizing effect of being the
passive partner, relations between adult men of comparable social status were
considered highly problematic, and usually associated with social stigma72. This
stigma, however, was reserved for only the passive partner in the relationship.
According to Dover and his supporters, Greek males who engaged in passive anal
sex after reaching the age of manhood—at which point they were expected to take

71
Plutarch (1917). "Pelopidas 18.5". In Bernadotte Perrin (ed.). Plutarch's Lives. Vol. V. W. Heinemann. pp. 385-387.
72
Meredith G. F. Worthen (10 June 2016). Sexual Deviance and Society: A Sociological Examination. Routledge. pp.
160–. ISBN 978-1-317-59337-9.

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the reverse role in pederastic relationships and become the active and dominant
member—thereby were feminized or "made a woman" of themselves. Dover refers
to insults used in the plays of Aristophanes as evidence 'passive' men were ridiculed.

More recent work published by James Davidson and Hubbard have challenged this
model, arguing that it is reductionist and have provided evidence to the contrary73.

The legislator Philolaus of Corinth, lover of the stadion race winner Diocles of
Corinth at the Ancient Olympic Games of 728 BC,[22] crafted laws for the Thebans
in the 8th century BC that gave special support to male unions, contributing to the
development of Theban pederasty in which, unlike other places in ancient Greece, it
favored the continuity of the union of male couples even after the younger man
reached adulthood, the most famous example being the Sacred Band of Thebes,
composed of elite soldiers in pairs of male lovers in the 4th century BC, as was also
the case with him and Diocles, who lived together in Thebes until the end of their
lives74.

The romance between Pausanias and Agathon in Athens, made famous by their
appearance in Plato's Symposium, also continued from the pederastic phase into
adulthood as a stable and long-lasting relationship.

ACHILLES AND PATROCLUS

The first recorded appearance of a deep emotional bond between adult men in
ancient Greek culture was in the Iliad75. Homer does not depict the relationship
between Achilles and Patroclus as sexual. The ancient Athenians emphasised the
supposed age difference between the two by portraying Patroclus with a beard in
paintings and pottery, while Achilles is clean-shaven, although Achilles was an
almost godlike figure in Greek society. This led to a disagreement about which to
perceive as erastes and which eromenos among elites such as Aeschylus and
Pausanias, since Homeric tradition made Patroclus out to be older but Achilles
stronger. It has been noted, however, that the depictions of characters on pottery do
not represent reality and may cater to the beauty standards of ancient Athens. Other

73
Hubbard, T. K. (1998). "Popular Perceptions of Elite Homosexuality in Classical Athens". Arion: A Journal of
Humanities and the Classics. 6 (1): 48–78. JSTOR 20163707.
74
Aristotle. Politics, 1274a31–b5.
75
(800 BC)

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ancients such as Xenophon held that Achilles and Patroclus were simply close
friends.

Aeschylus in the tragedy Myrmidons made Achilles the erastes since he had avenged
his lover's death even though the gods told him it would cost his own life. However,
the character of Phaedrus in Plato's Symposium asserts that Homer emphasized the
beauty of Achilles, which would qualify him, not Patroclus, as eromenos76.

THESEUS AND PIRITHOUS

Theseus and Pirithous are another famous pair of close adult male best friend of the
same age whose strong bond has homoerotic connotations according to some ancient
authors.

Pirithous had heard stories of Theseus's courage and strength in battle but wanted
proof so he rustled Theseus's herd of cattle and drove it from Marathon and Theseus
set out in pursuit. Pirithous took up his arms and the pair met to do battle but were
so impressed with each other's gracefulness, beauty and courage they took an oath
of friendship77.

According to Ovid, Phaedra, Theseus' wife, felt left out by her husband's love for
Pirithous and she used this as an excuse to try to convince her stepson, Hippolytus,
to accept being her lover, as Theseus also neglected his son because he preferred to
spend long periods with his companion78.

ORESTES AND PYLADES

Orestes and Pylades, similarly to Achilles and Patroclus, are cousins who grew up
together from childhood to adulthood. Their relationship is stronger and more
intimate than any of their relationships with other people.

The relationship between them has been interpreted by some authors from Roman
times onwards as romantic or homoerotic. The dialogue Erotes ("Affairs of the
Heart"), attributed to Lucian, compares the merits and advantages of heteroeroticism

76
Plato, Symposium 179–80.
77
"Plutarch Theseus". classics.mit.edu. Retrieved 2022-09-11.
78
"OVID, HEROIDES IV - Theoi Classical Texts Library". www.theoi.com. Retrieved 2022-09-11.

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and homoeroticism, and Orestes and Pylades are presented as the principal
representatives of a loving friendship.

In 1734, George Frederic Handel's opera Oreste (based on Giangualberto Barlocci's

Roman libretto of 1723), was premiered in London's Covent Garden. The fame of
Lucian's works in the 18th century, as well as the generally well-known tradition of
Greco-Roman heroic homoeroticism, made it natural for theatre audiences of that
period to have recognized an intense, romantic, if not positively homoerotic quality,
to the relationship between Orestes and Pylades.

ALEXANDER AND HEPHAESTION

The emblema of the Stag Hunt Mosaic, c. 300 BC, from Pella; the figure on the right
is possibly Alexander the Great due to the date of the mosaic, along with the depicted
upsweep of his centrally-parted hair (anastole); the figure on the left wielding a
double-edged axe (associated with Hephaistos) is perhaps Hephaestion79.

Alexander the Great had a close emotional attachment to his companion, cavalry
commander (hipparchus) and childhood friend, Hephaestion. He was "by far the
dearest of all the king's friends; he had been brought up with Alexander and shared
all his secrets."80 This relationship lasted throughout their lives, and was compared,
by others as well as themselves, to that of Achilles and Patroclus.

Hephaestion studied with Alexander, as did a handful of other children of Ancient

Macedonian aristocracy, under the tutelage of Aristotle. Hephaestion makes his
appearance in history at the point when Alexander reaches Troy. There they made
sacrifices at the shrines of the two heroes Achilles and Patroclus; Alexander
honoring Achilles, and Hephaestion honoring Patroclus.

According to Robin Lane Fox, Alexander and Hephaestion were possible lovers.
After Hephaestion's death in Oct 324 BC, Alexander mourned him greatly and did
not eat for days81. Alexander held an elaborate funeral for Hephaestion at Babylon,
and sent a note to the shrine of Ammon, which had previously acknowledged
Alexander as a god, asking them to grant Hephaestion divine honours. The priests
declined, but did offer him the status of divine hero. Alexander died soon after

79
Chugg, Andrew (2006). Alexander's Lovers. Raleigh, N.C.: Lulu. ISBN 978-1-4116-9960-1, pp 78-79.
80
Curtius 3.12.16.
81
Fox (1980) p. 67.

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receiving this letter; Mary Renault suggests that his grief over Hephaestion's death
had led him to be careless with his health.

Alexander was overwhelmed by his grief for Hephaestion, so much that Arrian
records that Alexander "flung himself on the body of his friend and lay there nearly
all day long in tears, and refused to be parted from him until he was dragged away
by force by his Companions"82. Some have suggested that they shared a homosexual
relationship together, however historians have challenged that claim, stating instead
that Hephaestion was "his closest and dearest friend"83.

LOVE BETWEEN ADULT WOMEN

Sappho, a poet from the island of Lesbos, wrote many love poems addressed to
women and girls. The love in these poems is sometimes requited, and sometimes
not. Sappho is thought to have written close to 12,000 lines of poetry on her love for
other women. Of these, only about 600 lines have survived. As a result of her fame
in antiquity, she and her land have become emblematic of love between women.

Pedagogic erotic relationships are also documented for Sparta, together with athletic
nudity for women. During the year 610 B.C., a group of teenage girls was
documented singing classic hymns about their Gods and Goddesses, as well as ties
to them, while involved in ploughing rituals in a mountain range. Nevertheless, such
hymns would further in content as the girls flirt with and tease one another with hints
of sexual energy84. Plato's Symposium mentions women who "do not care for men,
but have female attachments"85. In general, however, the historical record of love
and sexual relations between women is sparse86.

Probably the most frequent assumption about sexual orientation, at least by ancient
Greek authors, was that persons can respond erotically to beauty in either sex
Diogenes Laeurtius, for example, wrote of Alcibiades, the Athenian general and
politician of the 5th century B.C., “in his adolescence he drew away the husbands
from their wives, and as a young man the wives from their husbands.” Some persons

82
Arrian 7.14.13.
83
Georgiades, Adonis (2004). Homosexuality In Ancient Greece The Myth Is Collapsing. p. 187.
84
"Why were the ancient Greeks so confused about homosexuality, asks James Davidson". the Guardian. 2007-10.
Retrieved 2021-10-21.
85
Plato, Symposium 191e.
86
Oxford Classical Dictionary entry on homosexuality, pp.720–723; entry by David M. Halperin.

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were noted for their exclusive interests in persons of one gender. For example,
Alexander the Great and the founder of Stoicism, Zeno of Citium, were known for
their exclusive interest in boys and other men. Such persons, however, are generally
portrayed as the exception.

The issue of what biological sex one is attractted to is seen as an issue of taste or
preference, rather than as a moral issue. A character in Plutarch’s Erotikos (Dialogue
on Love) argues that “the noble lover of beauty engages in love wherever he sees
excellence and splendid natural endowment without regard for any difference in
physiological detail.” Gender just becomes irrelevant “detail” and instead the
excellence in character and beauty is what is most important

Even though the gender that one was erotically attracted to (at any specific time,
given the assumption that persons will likely be attracted to persons of both sexes)
was not important, other issues were salient, such as whether one exercised
moderation. Status concerns were also of the highest importance. Given that only
free men had full status, women and male slaves were not problematic sexual
partners. Sex between freemen, however, was problematic for status.

The central distinction in ancient Greek sexual relations was between taking an
active or insertive role, versus a passive or penetrated one. The passive role was
acceptable only for inferiors, such as women, slaves, or male youths who were not
yet citizens. Hence the cultural ideal of a same-sex relationship was between an older
man, probably in his 20s or 30s, known as the erastes, and a boy whose beard had
not yet begun to grow, the eromenos or paidika. In this relationship there was
courtship ritual, involving gifts (such as a rooster), and other norms. The erastes had
to show that he had nobler interests in the boy, rather than a purely sexual concern.
The boy was not to submit too easily, and if pursued by more than one man, was to
show discretion and pick the more noble one. There is also evidence that penetration
was often avoided by having the erastes face his beloved and place his penis between
the thighs of the eromenos, which is known as intercrural sex.

According to Dover, the relationship was to be temporary and should end upon the
boy reaching adulthood. To continue in a submissive role even while one should be
an equal citizen was considered troubling, although there certainly were many adult
male same-sex relationships that were noted and not strongly stigmatized. While the

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passive role was thus seen as problematic, to be attracted to men was often taken as
a sign of masculinity. Greek gods, such as Zeus, had stories of same-sex exploits
attributed to them, as did other key figures in Greek myth and literature, such as
Achilles and Hercules. Plato, in the Symposium, argues for an army to be comprised
of same-sex lovers. Thebes did form such a regiment, the Sacred Band of Thebes,
formed of 500 soldiers. They were renowned in the ancient world for their valor in
battle.

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 The Strix Mythology Demystified

CHAPTER SIX
ANCIENT ROME
The "conquest mentality" of the ancient Romans shaped Roman homosexual
practices87. In the Roman Republic, a citizen's political liberty was defined in part
by the right to preserve his body from physical compulsion or use by others; 88 for
the male citizen to submit his body to the giving of pleasure was considered servile89.
As long as a man played the penetrative role, it was socially acceptable and
considered natural for him to have same-sex relations, without a perceived loss of
his masculinity or social standing90. Sex between male citizens of equal status,
including soldiers, was disparaged, and in some circumstances penalized harshly91.
The bodies of citizen youths were strictly off-limits, and the Lex Scantinia imposed
penalties on those who committed a sex crime (stuprum) against a freeborn male
minor92. Male slaves, prostitutes, and entertainers or others considered infames (of
no social standing) were acceptable sex partners for the dominant male citizen to
penetrate.

"Homosexual" and "heterosexual" were thus not categories of Roman sexuality, and
no words exist in Latin that would precisely translate these concepts93. A male
citizen who willingly performed oral sex or received anal sex was disparaged. In

87
Eva Cantarella, Bisexuality in the Ancient World (Yale University Press, 1992, 2002, originally published 1988 in
Italian), p. xi; Marilyn B. Skinner, introduction to Roman Sexualities (Princeton University Press, 1997), p. 11.
88
Thomas A.J. McGinn, Prostitution, Sexuality and the Law in Ancient Rome (Oxford University Press, 1998), p.
326.
89
Catharine Edwards, "Unspeakable Professions: Public Performance and Prostitution in Ancient Rome," in Roman
Sexualities, pp. 67–68.
90
Amy Richlin, The Garden of Priapus: Sexuality and Aggression in Roman Humor (Oxford University Press, 1983,
1992), p. 225, and "Not before Homosexuality: The Materiality of the cinaedus and the Roman Law against Love
between Men," Journal of the History of Sexuality 3.4 (1993), p. 525.
91
Sara Elise Phang, Roman Military Service: Ideologies of Discipline in the Late Republic and Early Principate
(Cambridge University Press, 2008), p. 93.
92
Plutarch, Moralia 288a; Thomas Habinek, "The Invention of Sexuality in the World-City of Rome," in The Roman
Cultural Revolution (Cambridge University Press, 1997), p. 39; Richlin, "Not before Homosexuality," pp. 545–546.
Scholars disagree as to whether the Lex Scantinia imposed the death penalty or a hefty fine.
93
Craig Williams, Roman Homosexuality (Oxford University Press, 1999, 2010), p. 304, citing Saara Lilja,
Homosexuality in Republican and Augustan Rome (Societas Scientiarum Fennica, 1983), p. 122.

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courtroom and political rhetoric, charges of effeminacy and passive sexual behaviors
were directed particularly at "democratic" politicians (populares) such as Julius
Caesar and Mark Antony94. Until the Roman Empire came under Christian rule95,
there is only limited evidence of legal penalties against men who were presumably
"homosexual" in the modern sense96.

MALE–MALE SEX IN ACIENT ROME.

A man or boy who took the "receptive" role in sex was variously called cinaedus,
pathicus, exoletus, concubinus (male concubine), spint(h)ria ("analist"), puer
("boy"), pullus ("chick"), pusio, delicatus (especially in the phrase puer delicatus,
"exquisite" or "dainty boy"), mollis ("soft", used more generally as an aesthetic
quality counter to aggressive masculinity), tener ("delicate"), debilis ("weak" or
"disabled"), effeminatus, discinctus ("loose-belted"), pisciculi, and morbosus
("sick"). As Amy Richlin has noted, "'gay' is not exact, 'penetrated' is not self-
defined, 'passive' misleadingly connotes inaction" in translating this group of words
into English97.

Some terms, such as exoletus, specifically refer to an adult; Romans who were
socially marked as "masculine" did not confine their same-sex penetration of male
prostitutes or slaves to those who were "boys" under the age of 2098. Some older
men may have at times preferred the passive role. Martial describes, for example,
the case of an older man who played the passive role and let a younger slave occupy
the active role99. An adult male's desire to be penetrated was considered a sickness
(morbus); the desire to penetrate a handsome youth was thought normal100.

CINAEDUS
Cinaedus is a derogatory word denoting a male who was gender-deviant; his choice
of sex acts, or preference in sexual partner, was secondary to his perceived

94
Catharine Edwards, The Politics of Immorality in Ancient Rome (Cambridge University Press, 1993), pp. 63–64.
95
Michael Groneberg, "Reasons for Homophobia: Three Types of Explanation," in Combatting Homophobia:
Experiences and Analyses Pertinent to Education (LIT Verlag, 2011), p. 193.
96
Williams, Roman Homosexuality, pp. 214–215; Richlin, "Not before Homosexuality," passim.
97
Richlin, "Not before Homosexuality," p. 531.
98
Williams, Roman Homosexuality, p. 85 et passim.
99
Martial, 3.71.
100
Williams, Roman Homosexuality, p. 200.

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deficiencies as a "man" (vir)101. Catullus directed the slur cinaedus at his friend
Furius in his notoriously obscene Carmen 16102. Although in some contexts cinaedus
may denote an anally passive man103 and is the most frequent word for a male who
allowed himself to be penetrated anally104, a man called cinaedus might also have
sex with and be considered highly attractive to women. Cinaedus is not equivalent
to the English vulgarism "faggot"105, except that both words can be used to deride a
male considered deficient in manhood or with androgynous characteristics whom
women may find sexually alluring106.

CONCUBINUS
The young Antinous was likely the primary partner of the emperor Hadrian despite
the fact that the latter was married. Some Roman men kept a male concubine
(concubinus, "one who lies with; a bed-mate") before they married a woman. Eva
Cantarella has described this form of concubinage as "a stable sexual relationship,
not exclusive but privileged"107. Within the hierarchy of household slaves, the
concubinus seems to have been regarded as holding a special or elevated status that
was threatened by the introduction of a wife. In a wedding hymn, Catullus108 portrays
the groom's concubinus as anxious about his future and fearful of abandonment109.
His long hair will be cut, and he will have to resort to the female slaves for sexual
gratification—indicating that he is expected to transition from being a receptive sex
object to one who performs penetrative sex110.

The feelings and situation of the concubinus were treated as significant enough to
occupy five stanzas of Catullus's wedding poem. He plays an active role in the

101
ibid.
102
Williams, Roman Homosexuality, pp. 181ff. and 193.
103
Ibid.
104
Ibid.
105
Williams, Roman Homosexuality, p. 6.
106
James L. Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," in Same-Sex Desire and Love
in Greco-Roman Antiquity, p. 223, compares cinaedus to "faggot" in the Dire Straits song "Money for Nothing", in
which a singer referred to as "that little faggot with the earring and the make-up" also "gets his money for nothing and
his chicks for free."
107
Cantarella, Bisexuality in the Ancient World, p. 125.
108
Catullus, Carmen 61, lines 119–143.
109
Butrica, "Some Myths and Anomalies in he Study of Roman Sexuality," pp. 218, 224.
110
Richlin, "Not before Homosexuality," p. 534; Ronnie Ancona, "(Un)Constrained Male Desire: An Intertextual
Reading of Horace Odes 2.8 and Catullus Poem 61," in Gendered Dynamics in Latin Love Poetry (Johns Hopkins
University Press, 2005), p. 47; Mark Petrini, The Child and the Hero: Coming of Age in Catullus and Vergil
(University of Michigan Press, 1997), pp. 19–20.

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ceremonies, distributing the traditional nuts that boys threw (rather like rice or
birdseed in the modern Western tradition)111.

The relationship with a concubinus was discreet or more open: male concubines
sometimes attended dinner parties with the man whose companion they were112.
Martial even suggests that a prized concubinus might pass from father to son as an
especially coveted inheritance113. A military officer on campaign might be
accompanied by a concubinus114. Like the catamite or puer delicatus, the role of the
concubine was regularly compared to that of Ganymede, the Trojan prince abducted
by Jove (Greek Zeus) to serve as his cupbearer115.

The concubina, a female concubine who might be free, held a protected legal status
under Roman law, but the concubinus did not, since he was typically a slave116.

EXOLETUS
Head of Emperor Elagabalus, said to have surrounded himself with exoleti

Exoletus (pl. exoleti) is the past-participle form of the verb exolescere, which means
"to grow up" or "to grow old"117. The term denotes a male prostitute who services
another sexually despite the fact that he himself is past his prime according to the
ephebic tastes of Roman homoerotism118. Though adult men were expected to take
on the role of "penetrator" in their love affairs, such a restriction did not apply to
exoleti. In their texts, Pomponius and Juvenal both included characters who were
adult male prostitutes and had as clients male citizens who sought their services so

111
Cantarella, Bisexuality in the Ancient World, pp. 125–126; Robinson Ellis, A Commentary on Catullus (Cambridge
University Press, 2010), p. 181; Petrini, The Child and the Hero, p. 19.
112
Quintilian, Institutio Oratoria 1.2.8, who disapproves of consorting with either concubini or "girlfriends" (amicae)
in front of one's children. Ramsey MacMullen, "Roman Attitudes to Greek Love," Historia 31 (1982), p. 496.
113
Williams, Roman Homosexuality, p. 24, citing Martial 8.44.16-7: tuoque tristis filius, velis nolis, cum concubino
nocte dormiet prima. ("and your mourning son, whether you wish it or not, will lie first night sleep with your
favourite")
114
Caesarian Corpus, The Spanish War 33; MacMullen, "Roman Attitudes to Greek Love," p. 490.
115
"They use the word Catamitus for Ganymede, who was the concubinus of Jove," according to the lexicographer
Festus (38.22, as cited by Williams, Roman Homosexuality, p. 332, note 230.
116
Butrica, "Some Myths and Anomalies in the Study of Roman Sexuality," in Same-Sex Desire and Love in Greco-
Roman Antiquity, p. 212.
117
Williams, Roman Homosexuality, 2nd ed., p. 91.
118
Williams, Roman Homosexuality, 2nd ed., pp. 91–92.

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they could take a "female" role in bed (see above). In other texts, however, exoleti
adopt a receptive position119.

The relationship between the exoletus and his partner could begin when he was still
a boy and the affair then extended into his adulthood. It is impossible to say how
often this happened. For even if there was a tight bond between the couple, the
general social expectation was that pederastic affairs would end once the younger
partner grew facial hair. As such, when Martial celebrates in two of his epigrams the
relationship of his friend, the centurion Aulens Pudens, with his slave Encolpos, the
poet more than once gives voice to the hope that the latter's beard come late, so that
the romance between the pair may last long. Continuing the affair beyond that point
could result in damage to the master's repute. Some men, however, insisted on
ignoring this convention120.

PATHICUS
A young aristocrat by the name of Valerius Catullus boasted of penetrating the
emperor Caligula during a lengthy intimate session121.

Pathicus was a "blunt" word for a male who was penetrated sexually. It derived from
the unattested Greek adjective pathikos, from the verb paskhein, equivalent to the
Latin deponent patior, pati, passus, "undergo, submit to, endure, suffer"122. The
English word "passive" derives from the Latin passus.

Pathicus and cinaedus are often not distinguished in usage by Latin writers, but
cinaedus may be a more general term for a male not in conformity with the role of
vir, a "real man", while pathicus specifically denotes an adult male who takes the
sexually receptive role123. A pathicus was not a "homosexual" as such. His sexuality
was not defined by the gender of the person using him as a receptacle for sex, but
rather his desire to be so used. Because in Roman culture a man who penetrates
another adult male almost always expresses contempt or revenge, the pathicus might
be seen as more akin to the sexual masochist in his experience of pleasure. He might

119
Williams, Roman Homosexuality, 2nd ed., p. 91.
120
Paul Veyne (1992). "The Roman Empire". A History of Private Life, Volume I: From Pagan Rome to Byzantium.
Belknap Press, Harvard University Press. p. 79. ISBN 978-0674399747.
121
Suetonius. "Life of Caligula". University of Chicago.
122
Williams, Roman Homosexuality, p. 193.
123
Holt N. Parker, "The Teratogenic Grid," in Roman Sexualities, p. 56; Williams, Roman Homosexuality, p. 196.

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be penetrated orally or anally by a man or by a woman with a dildo, but showed no

desire for penetrating nor having his own penis stimulated. He might also be
dominated by a woman who compels him to perform cunnilingus.

PUER
In the discourse of sexuality, puer ("boy") was a role as well as an age group124. Both
puer and the feminine equivalent puella, "girl", could refer to a man's sexual partner,
regardless of age. As an age designation, the freeborn puer made the transition from
childhood at around age 14, when he assumed the "toga of manhood", but he was 17
or 18 before he began to take part in public life.

PUER DELICATUS
The puer delicatus was an "exquisite" or "dainty" child-slave chosen by his master
for his beauty as a "boy toy"125, also referred to as deliciae ("sweets" or "delights")126.
Unlike the freeborn Greek eromenos ("beloved"), who was protected by social
custom, the Roman delicatus was in a physically and morally vulnerable position127.
The "coercive and exploitative" relationship between the Roman master and the
delicatus, who might be prepubescent, can be characterized as pedophilic, in contrast
to Greek paiderasteia128.

Funeral inscriptions found in the ruins of the imperial household under Augustus
and Tiberius also indicate that deliciae were kept in the palace and that some slaves,
male and female, worked as beauticians for these boys. One of Augustus' pueri is
known by name: Sarmentus129.

The boy was sometimes castrated in an effort to preserve his youthful qualities; the
emperor Nero's eunuch Sporus, whom he castrated and married, may have been a
puer delicatus130.

124
Richlin, "Not before Homosexuality," p. 535.
125
Elizabeth Manwell, "Gender and Masculinity," in A Companion to Catullus (Blackwell, 2007), p. 118.
126
Guillermo Galán Vioque, Martial, Book VII: A Commentary (Brill, 2002), p. 120.
127
Manwell, "Gender and Masculinity," p. 118.
128
Beert C. Verstraete and Vernon Provencal, introduction to Same-Sex Desire and Love in Greco-Roman Antiquity
and in the Classical Tradition (Haworth Press, 2005), p. 3.
129
Williams, Roman Homosexuality, 2nd ed., p. 35.
130
Caroline Vout, Power and Eroticism in Imperial Rome (Cambridge University Press, 2007), p. 136 (for Sporus in
Alexander Pope's poem "Epistle to Dr Arbuthnot", see Who breaks a butterfly upon a wheel?).

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Pueri delicati might be idealized in poetry and the relationship between him and his
master may be painted in what his master viewed as strongly romantic colors. In the
Silvae, Statius composed two epitaphs to commemorate the relationship of two of
his friends with their respective delicati upon the death of the latter. These poems
have been argued to demonstrate that such relationships could have an emotional
dimension, and it is known from inscriptions in Roman ruins that men could be
buried with their delicati, which is evidence of the degree of control that masters
would not relinquish, even in death, as well as of a sexual relationship in life131.

EMPEROR DOMITIAN
Both Martial and Statius in a number of poems celebrate the freedman Earinus, a
eunuch, and his devotion to the emperor Domitian. [123] Statius goes as far as to
describe this relationship as a marriage. In the Satyricon, the tastelessly wealthy
freedman Trimalchio stated that as a child-slave he had been a puer delicatus serving
both the master and, secretly, the mistress of the household132.

SUBCULTURE
Latin had such a wealth of words for men outside the masculine norm that some
scholars argue for the existence of a homosexual subculture at Rome; that is,
although the noun "homosexual" has no straightforward equivalent in Latin, literary
sources reveal a pattern of behaviors among a minority of free men that indicate
same-sex preference or orientation. Plautus mentions a street known for male
prostitutes133. Public baths are also referred to as a place to find sexual partners.
Juvenal states that such men scratched their heads with a finger to identify
themselves.

Apuleius indicates that cinaedi might form social alliances for mutual enjoyment,
such as hosting dinner parties. In his novel The Golden Ass, he describes one group
who jointly purchased and shared a concubinus. On one occasion, they invited a

131
Christian Laes (2003). "Desperately Different? Delicia Children in the Roman Household". In David L. Balch;
Carolyn Osiek (eds.). Early Christian Families in Context: An Interdisciplinary Dialogue. William B. Eerdmans
Publishing Company. p. 318. ISBN 978-0802839862.
132
William Fitzgerald, Slavery and the Roman Literary Imagination (Cambridge University Press, 2000), p. 54.
133
Plautus, Curculio 482-84.

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"well-endowed" young hick (rusticanus iuvenis) to their party, and took turns
performing oral sex on him.

Other scholars, primarily those who argue from the perspective of "cultural
constructionism", maintain that there is not an identifiable social group of males who
would have self-identified as "homosexual" as a community.

MARRIAGE BETWEEN MALES

EMPEROR NERO
Although in general the Romans regarded marriage as a male–female union for the
purpose of producing children, a few scholars believe that in the early Imperial
period some male couples were celebrating traditional marriage rites in the presence
of friends. Male–male weddings are reported by sources that mock them; the feelings
of the participants are not recorded. Both Martial and Juvenal refer to marriage
between males as something that occurs not infrequently, although they disapprove
of it. Roman law did not recognize marriage between males, but one of the grounds
for disapproval expressed in Juvenal's satire is that celebrating the rites would lead
to expectations for such marriages to be registered officially. As the empire was
becoming Christianized in the 4th century, legal prohibitions against marriage
between males began to appear.

Various ancient sources state that the emperor Nero celebrated two public weddings
with males, once taking the role of the bride (with a freedman Pythagoras), and once
the groom (with Sporus); there may have been a third in which he was the bride. The
ceremonies included traditional elements such as a dowry and the wearing of the
Roman bridal veil. In the early 3rd century AD, the emperor Elagabalus is reported
to have been the bride in a wedding to his male partner. Other mature men at his
court had husbands, or said they had husbands in imitation of the emperor. Although
the sources are in general hostile, Dio Cassius implies that Nero's stage performances
were regarded as more scandalous than his marriages to men134.

The earliest reference in Latin literature to a marriage between males occurs in the
Philippics of Cicero, who insulted Mark Antony for being promiscuous in his youth
until Curio "established you in a fixed and stable marriage (matrimonium), as if he
134
Dio Cassius 63.22.4; Williams, Roman Homosexuality, p. 285.

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had given you a stola", the traditional garment of a married woman. Although
Cicero's sexual implications are clear, the point of the passage is to cast Antony in
the submissive role in the relationship and to impugn his manhood in various ways;
there is no reason to think that actual marriage rites were performed.

MALE–MALE RAPE
Roman law addressed the rape of a male citizen as early as the 2nd century BC, [159]
when it was ruled that even a man who was "disreputable and questionable"
(famosus, related to infamis, and suspiciosus) had the same right as other free men
not to have his body subjected to forced sex135. The Lex Julia de vi publica,136
recorded in the early 3rd century AD but probably dating from the dictatorship of
Julius Caesar, defined rape as forced sex against "boy, woman, or anyone"; the rapist
was subject to execution, a rare penalty in Roman law137. Men who had been raped
were exempt from the loss of legal or social standing suffered by those who
submitted their bodies to use for the pleasure of others; a male prostitute or
entertainer was infamis and excluded from the legal protections extended to citizens
in good standing. [163] As a matter of law, a slave could not be raped; he was
considered property and not legally a person. The slave's owner, however, could
prosecute the rapist for property damage.

Fears of mass rape following a military defeat extended equally to male and female
potential victims. According to the jurist Pomponius, "whatever man has been raped
by the force of robbers or the enemy in wartime" ought to bear no stigma138.

The threat of one man to subject another to anal or oral rape (irrumatio) is a theme
of invective poetry, most notably in Catullus's notorious Carmen 16139, and was a
form of masculine braggadocio. Rape was one of the traditional punishments

135
As recorded in a fragment of the speech De Re Floria by Cato the Elder (frg. 57 Jordan = Aulus Gellius 9.12.7), as
noted and discussed by Richlin, "Not before Homosexuality," p. 561.
136
Digest 48.6.3.4 and 48.6.5.2.
137
Richlin, "Not before Homosexuality," pp. 562–563. See also Digest 48.5.35 [34] on legal definitions of rape that
included boys.
138
Digest 3.1.1.6, as noted by Richlin, "Not before Homosexuality," p. 559.
139
Richlin, The Garden of Priapus, pp. 27–28, 43 (on Martial), 58, et passim.

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inflicted on a male adulterer by the wronged husband140, though perhaps more in

revenge fantasy than in practice141.

In a collection of twelve anecdotes dealing with assaults on chastity, the historian

Valerius Maximus features male victims in equal number to female142. In a "mock
trial" case described by the elder Seneca, an adulescens (a man young enough not to
have begun his formal career) was gang-raped by ten of his peers; although the case
is hypothetical, Seneca assumes that the law permitted the successful prosecution of
the rapists143. Another hypothetical case imagines the extremity to which a rape
victim might be driven: the freeborn male (ingenuus) who was raped commits
suicide144. The Romans considered the rape of an ingenuus to be among the worst
crimes that could be committed, along with parricide, the rape of a female virgin,
and robbing a temple145.

SAME-SEX RELATIONS IN THE MILITARY

The Roman soldier, like any free and respectable Roman male of status, was
expected to show self-discipline in matters of sex. Augustus (reigned 27 BC – 14
AD) even prohibited soldiers from marrying, a ban that remained in force for the
Imperial army for nearly two centuries146.

Other forms of sexual gratification available to soldiers were prostitutes of any

gender, male slaves, war rape, and same-sex relations147. The Bellum Hispaniense,
about Caesar's civil war on the front in Roman Spain, mentions an officer who has
a male concubine (concubinus) on campaign. Sex among fellow soldiers, however,
violated the Roman decorum against intercourse with another freeborn male. A

140
Williams, Roman Homosexuality, pp. 27, 76 (with an example from Martial 2.60.2.
141
Catharine Edwards, The Politics of Immorality in Ancient Rome (Cambridge University Press, 1993), pp. 55–56.
142
Valerius Maximus 6.1; Richlin, "Not before Homosexuality," p. 564.
143
Richlin, "Not before Homosexuality," p. 564.
144
Quintilian, Institutio oratoria 4.2.69–71; Richlin, "Not before Homosexuality," p. 565.
145
Richlin, "Not before Homosexuality," p. 565, citing the same passage by Quintilian.
146
Men of the governing classes, who would have been officers above the rank of centurion, were exempt. Pat
Southern, The Roman Army: A Social and Institutional History (Oxford University Press, 2006), p. 144; Sara Elise
Phang, The Marriage of Roman Soldiers (13 B.C.–A.D. 235): Law and Family in the Imperial Army (Brill, 2001), p.
2.
147
Phang, The Marriage of Roman Soldiers, p. 3.

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soldier maintained his masculinity by not allowing his body to be used for sexual
purposes148.

In warfare, rape symbolized defeat, a motive for the soldier not to make his body
sexually vulnerable in general149. During the Republic, homosexual behavior among
fellow soldiers was subject to harsh penalties, including death150, as a violation of
military discipline. Polybius (2nd century BC) reports that the punishment for a
soldier who willingly submitted to penetration was the fustuarium, clubbing to
death151.

Roman historians record cautionary tales of officers who abuse their authority to
coerce sex from their soldiers, and then suffer dire consequences152. The youngest
officers, who still might retain some of the adolescent attraction that Romans favored
in male–male relations, were advised to beef up their masculine qualities by not
wearing perfume, nor trimming nostril and underarm hair153.

An incident related by Plutarch in his biography of Marius illustrates the soldier's

right to maintain his sexual integrity despite pressure from his superiors. A good-
looking young recruit named Trebonius154 had been sexually harassed over a period
of time by his superior officer, who happened to be Marius's nephew, Gaius Lusius.
One night, after having fended off unwanted advances on numerous occasions,
Trebonius was summoned to Lusius's tent. Unable to disobey the command of his
superior, he found himself the object of a sexual assault and drew his sword, killing
Lusius. A conviction for killing an officer typically resulted in execution. When
brought to trial, he was able to produce witnesses to show that he had repeatedly had
to fend off Lusius, and "had never prostituted his body to anyone, despite offers of

148
Sara Elise Phang, Roman Military Service: Ideologies of Discipline in the Late Republic and Early Principate
(Cambridge University Press, 2008), p. 93.
149
Phang, Roman Military Service, p. 94. See section above on male rape: Roman law recognized that a soldier might
be raped by the enemy, and specified that a man raped in war should not suffer the loss of social standing that an
infamis did when willingly undergoing penetration; Digest 3.1.1.6, as discussed by Richlin, "Not before
Homosexuality," p. 559.
150
Thomas A.J. McGinn, Prostitution, Sexuality and the Law in Ancient Rome (Oxford University Press, 1998), p. 40.
151
Polybius, Histories 6.37.9 (translated as bastinado).
152
Phang, The Marriage of Roman Soldiers, pp. 280–282.
153
Phang, Roman Military Service, p. 97, citing among other examples Juvenal, Satire 14.194–195.
154
The name is given elsewhere as Plotius.

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expensive gifts". Marius not only acquitted Trebonius in the killing of his kinsman,
but gave him a crown for bravery155.

Ancient Rome had many parallels to ancient Greece in its understanding of same-
sex attraction, and sexual issues more generally. This is especially true under the
Republic. Yet under the Empire, Roman society slowly became more negative in its
views towards sexuality, probably due to social and economic turmoil, even before
Christianity became influential.

Exactly what attitude the New Testament has towards sexuality in general, and
same-sex attraction in particular, is a matter of sharp debate. John Boswell argues,
in his fascinating Christianity, Social Tolerance, and Homosexuality, that many
passages taken today as condemnations of homosexuality are more concerned with
prostitution, or where same-sex acts are described as “unnatural” the meaning is
more akin to ‘out of the ordinary’ rather than as immoral 156. Yet others have
criticized, sometimes persuasively, Boswell’s scholarship, arguing that the
conventional contemporary reading is more plausible (see Greenberg, 1988, ch.5).
What is clear, however, is that while condemnation of same-sex attraction is
marginal to the Gospels and only an intermittent focus in the rest of the New
Testament, early Christian church fathers were much more outspoken. In their
writings there is a horror at any sort of sex, but in a few generations these views
eased, in part due no doubt to practical concerns of recruiting converts. By the fourth
and fifth centuries the mainstream Christian view allowed only for procreative sex.

This viewpoint, that procreative sex within marriage is allowed, while every other
expression of sexuality is sinful, can be found, for example, in St. Augustine. This
understanding of permissible sexual relationships leads to a concern with the gender
of one’s partner that is not found in previous Greek or Roman views, and it clearly
forbids homosexual acts. Soon this attitude, especially towards homosexual sex,
came to be reflected in Roman Law. In Justinian’s Code, promulgated in 529,
persons who engaged in homosexual sex were to be executed, although those who
were repentant could be spared. Historians agree that the late Roman Empire saw a

155
Plutarch, Life of Marius 14.4–8; see also Valerius Maximus 6.1.12; Cicero, Pro Milone 9, in Dillon and Garland,
Ancient Rome, p. 380; and Dionysius of Halicarnassus 16.4. Discussion by Phang, Roman Military Service, pp. 93–
94, and The Marriage of Roman Soldiers, p. 281; Cantarella, Bisexuality in the Ancient World, pp. 105–106.
156
Boswell, 1980, ch.4.

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rise in intolerance towards homosexuality, although there were again important

regional variations.

With the decline of the Roman Empire, and its replacement by various barbarian
kingdoms, a general tolerance (with the sole exception of Visigothic Spain) for
homosexual acts prevailed. As one prominent scholar puts it, “European secular law
contained few measures against homosexuality until the middle of the thirteenth
century.”157 Even while some Christian theologians continued to denounce
nonprocreative sexuality, including same-sex acts, a genre of homophilic literature,
especially among the clergy, developed in the eleventh and twelfth centuries158 The
latter part of the twelfth through the fourteenth centuries, however, saw a sharp rise
in intolerance towards homosexual sex, alongside persecution of Jews, Muslims,
heretics, and others. While the causes of this are somewhat unclear, it is likely that
increased class conflict alongside the Gregorian reform movement in the Catholic
Church were two important factors. The Church itself started to appeal to a
conception of “nature” as the standard of morality, and drew it in such a way so as
to forbid homosexual sex159. For example, the first ecumenical council to condemn
homosexual sex, Lateran III of 1179, stated “Whoever shall be found to have
committed that incontinence which is against nature” shall be punished, the severity
of which depended upon whether the transgressor was a cleric or layperson160. This
appeal to natural law (discussed below) became very influential in the Western
tradition. An important point to note, however, is that the key category here is the
‘sodomite,’ which differs from the contemporary idea of ‘homosexual’. A sodomite
was understood as act-defined, rather than as a type of person. Someone who had
desires to engage in sodomy, yet did not act upon them, was not a sodomite. Also,
persons who engaged in heterosexual sodomy were also sodomites. There are reports
of persons being burned to death or beheaded for sodomy with a spouse161. Finally,
a person who had engaged in sodomy, yet who had repented of his sin and vowed to
never do it again, was no longer a sodomite. The gender of one’s partner is again not

157
(Greenberg, 1988, 260)
158
(Boswell, 1980, chapters 8 and 9).
159
(as well as extramarital sex, nonprocreative sex within marriage, and often masturbation)
160
(quoted in Boswell, 1980, 277)
161
(Greenberg, 1988, 277)

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of decisive importance, although some medieval theologians single out same-sex

sodomy as the worst type of sexual crime162.

For the next several centuries in Europe, the laws against homosexual sex were
severe in their penalties. Enforcement, however, was episodic. In some regions,
decades would pass without any prosecutions. Yet the Dutch, in the 1730s, mounted
a harsh anti-sodomy campaign (alongside an anti-Roma pogrom), even using torture
to obtain confessions. As many as one hundred men and boys were executed and
denied burial163. Also, the degree to which sodomy and same-sex attraction were
accepted varied by class, with the middle class taking the most restrictive view, while
the aristocracy and nobility often accepted public expressions of alternative
sexualities. At times, even with the risk of severe punishment, same-sex oriented
subcultures would flourish in cities, sometimes only to be suppressed by the
authorities. In the 19th century there was a significant reduction in the legal penalties
for sodomy. The Napoleonic code decriminalized sodomy, and with Napoleon’s
conquests that Code spread. Furthermore, in many countries where homosexual sex
remained a crime, the general movement at this time away from the death penalty
usually meant that sodomy was removed from the list of capital offenses.

In the 18th and 19th centuries an overtly theological framework no longer dominated
the discourse about same-sex attraction. Instead, secular arguments and
interpretations became increasingly common. Probably the most important secular
domain for discussions of homosexuality was in medicine, including psychology.
This discourse, in turn, linked up with considerations about the state and its need for
a growing population, good soldiers, and intact families marked by clearly defined
gender roles. Doctors were called in by courts to examine sex crime defendants164.
At the same time, the dramatic increase in school attendance rates and the average
length of time spent in school, reduced transgenerational contact, and hence also the
frequency of transgenerational sex. Same-sex relations between persons of roughly
the same age became the norm.

Clearly the rise in the prestige of medicine resulted in part from the increasing ability
of science to account for natural phenomena on the basis of mechanistic causation.

162
(Crompton, 2003, ch.6)
163
(Greenberg, 1988, 313–4)
164
(Foucault, 1980; Greenberg, 1988)

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The application of this viewpoint to humans led to accounts of sexuality as innate or

biologically driven. The voluntarism of the medieval understanding of sodomy, that
sodomites chose sin, gave way to the prevailing though contested modern notion of
homosexuality as a deep, unchosen characteristic of persons, regardless of whether
they act upon that orientation. The idea of a ‘latent sodomite’ would not have made
sense, yet under this new view it does make sense to speak of a person as a ‘latent
homosexual.’ Instead of specific acts defining a person, as in the medieval view, an
entire physical and mental makeup, usually portrayed as somehow defective or
pathological, is ascribed to the modern category of ‘homosexual.’ Although there
are historical precursors to these ideas (e.g., Aristotle gave a physiological
explanation of passive homosexuality), medicine gave them greater public exposure
and credibility165. The effects of these ideas cut in conflicting ways. Since
homosexuality is, by this view, not chosen, it makes less sense to criminalize it.
Persons are not choosing evil acts. Yet persons may be expressing a diseased or
pathological mental state, and hence medical intervention for a cure is appropriate.
Hence doctors, especially psychiatrists, campaigned for the repeal or reduction of
criminal penalties for consensual homosexual sodomy, yet intervened to
“rehabilitate” homosexuals. They also sought to develop techniques to prevent
children from becoming homosexual, for example by arguing that childhood
masturbation caused homosexuality, hence it must be closely guarded against.

In the 20th century sexual roles were redefined once again. For a variety of reasons,
premarital intercourse slowly became more common and eventually acceptable.
With the decline of prohibitions against sex for the sake of pleasure even outside of
marriage, it became more difficult to argue against gay sex. These trends were
especially strong in the 1960s, and it was in this context that the gay liberation
movement took off.

Although gay and lesbian rights groups had been around for decades, the low-key
approach of the Mattachine Society (named after a medieval secret society) and the
Daughters of Bilitis had not gained much ground. This changed in the early morning
hours of June 28, 1969, when the patrons of the Stonewall Inn, a gay bar in
Greenwich Village, rioted after a police raid. In the aftermath of that event, gay and
lesbian groups began to organize around the country. Gay Democratic clubs were

165
(Greenberg, 1988, ch.15)

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created in every major city, and one fourth of all college campuses had gay and
lesbian groups166 Large gay urban communities in cities from coast to coast became
the norm. The American Psychiatri. Association removed homosexuality from its
official listing of mental disorders. The increased visibility of gays and lesbians has
become a permanent feature of American life despite the two critical setbacks of the
AIDS epidemic and an anti-gay backlash (see Berman, 1993, for a good survey).
The post-Stonewall era has also seen marked changes in Western Europe, where the
repeal of anti-sodomy laws and legal equality for gays and lesbians has become
common. In the 21st century, the legal recognition of same-sex marriage has become
widespread.

The increasing acceptance of same-sex relations prompted new theoretical debates,

such as whether a “post-gay” culture will emerge due to widespread assimilation of
gays and lesbians. Generally, what is meant by the term “post-gay” is that of
LGBTQIA+ persons have full legal and social equality, that level of acceptance
makes it so sexual orientation is no longer a defining aspect of one’s identity or
social position. The LGBTQIA+ acrynom stands for Lesbian, Gay, Bisexual,
Transgender, Queer/ Questioning, Intersex, Asexual and + (Plus) which signifies the
other gender indenties/ sex orientations such as Pansexual, non-binary,
Objectophilia among others which letters can’t fully describe yet.

While it seems unlikely that gay, lesbian, or queer persons of color, or who live in
rural areas, or are otherwise in a marginalized position will achieve such assimilation
in the foreseeable future, the debate is still of theoretical interest. For instance, post-
gay can be conceptualized as either a specific political order, characterized by
equality across sexual orientations, or it can be seen as a specific type of identity,
where persons understand and accept themselves as same-sex oriented but as not in
any way defined by that. Post-gay can also be a time, an era marked by widespread
assimilation, or a space, where persons are fully treated as equals. Some regard the
variety of meanings given to the term as evidence of confusion (Kampler and
Connell, 2018). A better understanding, however, is that the term is being used to
rival ends. For some, post-gay marks the culmination of the gay rights movement,
which all along, they contend, was an effort to be treated as equals. For others, it

166
(Shilts, 1993, ch.28).

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opens a space where sexual labels can be resisted, renegotiated, and made fluid and
non-binary (Coleman-Fountain, 2014).

HISTORIOGRAPHICAL DEBATES.

Broader currents in society have influenced the ways in which scholars and activists
have approached research into sexuality and same-sex attraction. Some early 20th
century researchers and equality advocates, seeking to vindicate same-sex relations
in societies that disparaged and criminalized it, put forward lists of famous historical
figures attracted to persons of the same sex. Such lists implied a common historical
entity underlying sexual attraction, whether one called it ‘inversion’ or
‘homosexuality.’ This approach (or perhaps closely related family of approaches) is
commonly called essentialism. Historians and researchers sympathetic to the gay
liberation movement of the late 1960s and 1970s produced a number of books that
implicitly relied on an essentialist approach. In the 1970s and 1980s John Boswell
raised it to a new level of methodological and historical sophistication, although his
position shifted over time to one of virtual agnosticism between essentialists and
their critics. Crompton’s work (2003) is a notable contemporary example of an
essentialist methodology.

Essentialists claim that categories of sexual attraction are observed rather than
created. For example, while ancient Greece did not have terms that correspond to
the heterosexual/homosexual division, persons did note men who were only attracted
to person of a specific sex, hence the lack of terminology need not be taken as
evidence of a lack of continuity in categories. Through history and across cultures
there are consistent features, albeit with meaningful variety over time and space, in
sexual attraction to the point that it makes sense of speak of specific sexual
orientations. According to this view, homosexuality is a specific, natural kind rather
than a cultural or historical product. Essentialists allow that there are cultural
differences in how homosexuality is expressed and interpreted, but they emphasize
that this does not prevent it from being a universal category of human sexual
expression.

In contrast, in the 1970s and since a number of researchers, often influenced by Mary
McIntosh or Michel Foucault, argued that class relations, the human sciences, and
other historically constructed forces create sexual categories and the personal

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identities associated with them. For advocates of this view, such as David Halperin,
how sex is organized in a given cultural and historical setting is irreducibly particular
(Halperin, 2002). The emphasis on the social creation of sexual experience and
expression led to the labeling of the viewpoint as social constructionism, although
more recently several of its proponents have preferred the term ‘historicism.’ Thus
homosexuality, as a specific sexual construction, is best understood as a solely
modern, Western concept and role. Prior to the development of this construction,
persons were not really ‘homosexual’ even when they were only attracted to persons
of the same sex. The differences between, say, ancient Greece, with its emphasis on
pederasty, role in the sex act, and social status, and the contemporary Western role
of ‘gay’ or ‘homosexual’ are simply too great to collapse into one category.

In a manner closely related to the claims of queer theory, discussed below, social
constructionists argue that specific social constructs produce sexual ways of being.
There is no given mode of sexuality that is independent of culture; even the concept
and experience of sexual orientation itself are products of history. For advocates of
this view, the range of historical sexual diversity, and the fluidity of human
possibility, is simply too varied to be adequately captured by any specific conceptual
scheme.

There is a significant political dimension to this seemingly abstract historiographical

debate. Social constructionists argue that essentialism is the weaker position
politically for at least two reasons. First, by accepting a basic
heterosexual/homosexual organizing dichotomy, essentialism wrongly concedes
that heterosexuality is the norm and that homosexuality is, strictly speaking,
abnormal and the basis for a permanent minority. Second, social constructionists
argue that an important goal of historical investigations should be to put into
question contemporary organizing schemas about sexuality. The acceptance of the
contemporary heterosexual/homosexual dichotomy is conservative, perhaps even
reactionary, and forecloses the exploration of new possibilities. (There are related
queer theory criticisms of the essentialist position, discussed below.) In contrast,
essentialists argue that a historicist approach forecloses the very possibility of a ‘gay
history.’ Instead, the field of investigation becomes other social forces and how they
‘produce’ a distinct form or forms of sexuality. Only an essentialist approach can
maintain the project of gay history, and minority histories in general, as a force for
liberation.
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CHAPTER SEVEN
PROMINENT FIGURES WHO ENGAGED IN
HOMOSEXUALIY
KING JAMES I of ENGLAND (1566 - 1625)
One of the prominent homosexual figures was King James1 of England who was
described by historian Micheal B. Young as the most prominent homosexual figure
in the early modern period. Despite his marriage with Anne of Denmark, King James
is thought to have had relationships with several male courtiers – most notably,
George Villiers, whom he made the Earl and later the Duke of Buckingham.

“To the shock of many courtiers, the pair was demonstratively affectionate to each
other in public, despite James’ various proclamations against homosexuality,”
Daniel Smith wrote in “Love Letters of Kings and Queens167.”

According to Ankenberg & Weldon popular epigram at the time compared the
Jacobean monarch to his Tudor predecessor, Elizabeth 1, decalring, “Elizabeth was
King, now James is Queen.” Fending off claims of favouritism, James proclaimed,
you maybe sure that I love the Earl of Buckingham more than anyone else” ‘I wishto
not to have it thought to be a defect, he added, for Jesus Christ did the same, and
therefore I cannot be blamed. Christ had John, and I have George168”.

In the early 2000s, restoration work on Apethorpe Palace revealed a secret

passageway connecting James’ and Villiers’ bedchambers. Originally built in 1470-
80 by Sir Guy Wolston, it then sold to Sir Walter Mildmay and stayed in his family
for 350 years. Its stately apartments were where James I indulged in "more
commodious entertainment... and princely recreation" with his favourite, George

167
Love letters of Kings and Queens, Daniel Smith Quercus Publishing, 4 Feb 2021.
168
Ankenberg, J & Weldon, J (1996) The facts on King James only debate, OR: Harvest House Publishers.

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Villiers, later to become the Duke of Buckingham. Workers uncovered a passage

connecting the pair's bedchambers during the recent renovations169.

KING EDWARD II OF ENGLAND (1284 - 1327)

King Edward II of England’s intense relationship with Piers Gaveston drew the ire
of many nobles at court and forced Edward to send his favorite away more than once.

In “The Chronicle of the Civil Wars of Edward II,” historian George Haskins
describes the then-prince as entranced by Gaveston from their first meeting in 1297.

“When the king’s son gazed upon him, he straightaway felt so much love for him
that he entered into a covenant of brotherhood with him and chose and firmly
resolved to bind himself to him, before all mortals, in an unbreakable bond of love,”
wrote one chronicler at the time.

The sexual nature of their relationship has been alluded to in Christopher Marlowe’s
1592 play, “Edward II,” and addressed more directly in queer filmmaker Derek
Jarman’s 1991 film of the same name.

But even contemporaries were claiming the two men were unusually close, with
some nicknaming Gaveston a “second king.”

According to English Heritage, which manages historic British monuments, “It is

impossible to know the exact nature of their relationship, but there is strong evidence
to suggest it was a romantic one.”

Eventually, their relationship estranged Edward from his wife, Isabella of France,
and her allies at court. After he returned from exile a third time in 1311, Gaveston
was hunted down and decapitated by a group of noblemen, including Edward’s
cousin Thomas, the Earl of Lancaster.

In 1326, Isabella and her possible lover, Roger Mortimer, seized power and had
Edward deposed and imprisoned. He died at Berkeley Castle in Gloucestershire a
year later.

169
By Fiona Graham, BBC News Magazine (news.bbc.com.uk)

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EMPEROR HADRIAN OF ROME (76 - 138 A.D.)

Another leader who showered his male lover with attention, Hadrian was in a
politically arranged marriage to the great-niece of his predecessor — a loveless
union that bore no children. It wasn’t unusual for high-powered Romans to have
male partners in addition to their wives, but Hadrian was almost slavishly devoted
to his young consort, Antinous.

When Antinous mysteriously drowned in the Nile in 130 A.D., Hadrian was so grief-
stricken he had the young man deified and put up monuments to him everywhere.

“Hadrian was clearly bereaved and he had lots of images put up,” Thorsten Opper,
who curated an exhibit on the emperor at the British Museum, told The Independent
in 2008. “When a city [in Egypt] was founded close to the spot where Antinous
drowned, he named it Antinopolis. It was a sort of hero cult-worship of Antinou

ARCHDUKE LUDWIG VIKTOR OF AUSTRIA (1842 -

1919)
Being the younger brother of Austrian Emperor Franz Joseph I didn’t save Ludwig
Viktor from ruin when he made an unwelcome pass at a man at Vienna’s Centralbad
bathhouse.

“It appears there was a row, and the Archduke was knocked down by one of the
bathers, an athletic young man of the middle classes,” The Chicago Tribune reported
in 1906. “According to witnesses, the young man’s actions were justified.”

Ludwig was banished from Vienna for the remainder of the emperor’s life. “He has
also been forced to resign his patronages, and most of his staff have been moved to
other positions,” the Tribune reported, adding that the archduke has been “virtually
ostracized” from society.

“The Viennese are very tolerant of scandals in imperial and aristocratic circles,” the
paper wrote, “but Ludwig Viktor’s affairs proved to be too much even for them.”

The archduke spent the rest of his life in seclusion at Klessheim Palace near
Salzburg, where he died at the age of 76 in 1919, three years after his brother’s death
and one year after the Austro-Hungarian Empire was dissolved after the end of
World War I.
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Emperor Ai of Han (27 - 1 B.C.)

He became Emperor of the Han Dynasty at age 20, Ai was initially well received by
his subjects but eventually became associated with corruption and incompetence. He
was also widely known to have been romantically involved with one of his ministers,
Dong Xian, though both men were married to women.

In the “Hanshu,” or “Book of Han,” Dong and Ai’s relationship is referred to as “the
passion of the cut sleeve.” As the story went, the pair had fallen asleep together on
a mat and, upon waking, the emperor cut the sleeve off his robe rather than disturb
his lover. (The term “cut sleeve” remained a Chinese euphemism for male
homosexuality for centuries.)

Dong was granted many honors, eventually being made commander of the military,
and he and his family lived inside the imperial compound.

According to historian Brent Hinsch, many Han emperors reportedly had “male
favorites” who were listed in both the “Book of Han” and the “Shiji,” or “Records
of the Grand Historian.”

“It is not women alone who can use their looks to attract the eyes of the ruler,” the
"Shiji" reads, according to Ban Gu’s “History of Early China.” “Courtiers and
eunuchs can play that game as well. Many were the men of ancient times who gained
favor this way.”

AL-HAKAM II OF CÓRDOBA (915 - 976)

A 10th century caliph in Córdoba, Spain, Al-Hakam known for his largely peaceful
reign and his love of learning provided sanctuary to many writers and philosophers.

The caliph’s sexuality has been the source of some debate: According to the French
medievalist Évariste Lévi-Provençal, the phrase “hubb al-walad,” found in 16th-
century historian Ahmed Mohammed al-Maqqari’s compendium "Nafh at-Tib" in
reference to Al-Hakam II, translates as a “preference for boys,” though other
scholars maintain it refers to paternal love.

The Medieval Europe scholar Francisco Prado-Vilar wrote that knowledge of Al-
Hakam’s homosexuality in the court of Córdoba “encouraged the ambitions of the
factions gathered around his much younger brother, Prince al-Mughira.”

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“In his youth his loves seem to have been entirely homosexual,” queer studies
scholar Louis Crompton wrote in “Male Love and Islamic Law in Arab Spain.”
“This exclusivity was a problem when he succeeded to the throne, since it was
incumbent upon the new caliph to produce a male heir.”

Despite rumors of having a male harem, Al-Hakam did marry a Basque concubine
named Subh, but reportedly gave her the masculine nickname Jafar. Subh is said to
have worn the short hair and trousers of a ghulam, or young man, to garner her
husband’s attention.

QUEEN ANA NZINGA OF NDONGO (1583 - 1663)

The gender-nonconforming ruler of Ndongo and Matamba in modern-day Angola,
Nzinga fought off Portuguese colonialists, alternately through diplomacy, trade and
guerrilla warfare, welcomed runaway slaves and European-trained African soldiers,
and adopted kilombo, a military strategy in which male youths were taken from their
families and raised communally in militias.

She was described by her Dutch bodyguard Captain Fuller, in a 1670 book as
wearing “men’s apparel” during ritual sacrifice, “hanging about her the skins of
beasts … with a sword about her neck, an axe at her girdle, and a bow and arrows in
her hand, kept a cadre of young men dressed in women’s clothing

According to Mikael Owunna, a Nigerian American photograger while being

interviewed, Queen Nzinga ruled and dressed in full male clothing as a king, had a
harem of young men dressed as women and were her wives.

FREDERICK THE GREAT OF PRUSSIA (1712 - 1786)

Even in his lifetime, this Prussian royal was widely rumored to be a homosexual,
though that term wouldn’t be coined till nearly 90 years after his death.

Two years after the king’s death, his physician Johann Georg Ritter von
Zimmermann published a book in which he desperately tried to dispel gossip
Frederick had a “Grecian taste in love.”

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Blanning writes that Zimmermann claimed the king had a minor deformity on his
penis that rendered him impotent. And rather than let that secret out, Frederick
pretended to be gay, “so that he would continue to appear virile and capable of sexual
intercourse, albeit with men170 .

QUEEN ANNE OF ENGLAND (1665 - 1714)

Anne, who suffered from frail health throughout her life, met Sarah Churchill when
the two were girls. They quickly became close confidants, embarking on a
relationship that lasted well into adulthood.

“If I could tell how to hinder myself from writing to you every day I would,” Anne
wrote to her friend. “But really I cannot … when I am from you I cannot be at ease
without enquiring after you171.”

When Anne became queen in 1707, she made Sarah and her husband the Duke and
Duchess of Marlborough and appointed Sarah the Keeper of the Privy Purse. Anne
was married to Prince George of Denmark, but rumors circulated that the two women
were having a secret romance.

Eventually Sarah became a bit too accustomed to her access and influence and Anne
became more drawn to Sarah’s cousin, Abigail Masham.

Sarah got jealous and circulated political writings in 1708 such as Dark deeds at
night which disclosed Queen Annes lesbian secrets between Abigail and the queen.
After a final falling out at Kensington Palace in 1710, Sarah and Anne never spoke
again.

“The Favourite,” a somewhat fictionalized 2018 account of Anne’s relationships

with Sarah and Abigail — complete with lesbian liaisons — earned Olivia Colman
a best actress Oscar as the conflicted queen172.

170
Fredrick the Great: King of Prussia, T.CW.
171
Queen Anne; The Politics of Passion, Anne Somerest.
172
The Favorite 2018, A play about Queen Anne’s weird and wonderful world.

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PRINCESS ISABELLA OF PARMA (1741 - 1763)

Though married to Archduke Joseph of Austria, Isabella was rumored to truly be in
love with Joseph’s sister, Archduchess Maria Christina, known affectionately as
Mimi.

She spent all her time at court in Vienna with the archduchess, rather than her
husband, and the two exchanged hundreds of letters. Maria Christina’s were
destroyed after her death, but Isabella’s make her ardor apparent: “I am told that the
day begins with God,” she wrote in one. “I, however, begin the day by thinking of
the object of my love, for I think of her incessantly173.”

The relationship was also a great source of conflict for Isabella, because it meant
betraying her duties as the wife of a prince. More significantly, though, Isabella
realized this was the great love of her life, but she knew that for Mimi, it was more
of a youthful dalliance

MWANGA II OF BUGANDA (1868 - 1903)

In the 19th century the king, of Buganda allegedly had sexual relationships with men
along with his 16 wives.

In 1886, Mwanga II ordered the brutal torture and deaths of dozens of courtiers and
pages, with many burned alive. While some sources claimed the incident stemmed
from the victims’ attempt to save a British missionary, The New York Times
reported the massacre was sparked by “the refusal of a Christian lad acting as the
king’s page to commit an abominable crime.”

According to Andrew Kiwanuka, who witnessed the massacre, that crime involved
“the works of Sodom” Modern historians suggested that Mwanga saw their refusal
to have sex as an unfathomable act of disobedience to his absolute authority.

Whatever the cause, the mass slaughter earned international condemnation and
further destabilized Mwanga’s rule, leading to his eventual exile and British
annexation of Uganda in the 1890s.

A Treasury of Royal Scandals: The Shocking True Stories History’s Wickedest Most Wanton Kings Queens,
173

Michael Farquhar. Penguin Publishing Group, 1 May 2001.

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More than a century later, right-wing religious and political leaders such as HE
Yoweri Kaguta Museveni told a crowd of thousands on Martyr Day in 2010, the
Atlantic reported. “This was not part of our culture. I hear he learnt it from the Arabs.
But the martyrs refused these falsehoods and went for the truth, which is why we are
honoring them today.” This clerly shows that Kabaka Mwanga was gay.

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CHAPTER EIGHT
SPARTACUS SERIES THAT DEPICTED SEXUALITY IN
ANCIENT ROME.
The main storyline was about the clashes between the already consolidated army of
rebel slaves led by Spartacus, and the Roman legions, until the end of the conflict.
The program was oriented towards an adult audience, as it contained graphic
violence, adult language, and explicit sex scenes. In other words, we’re watching
something so violent and sex obsessed, it might have actually done well in Ancient
Rome in terms of storytelling because sex has gone mainstream in modern America
as much as it had in Rome.

Featuring an army of scantily clad, gorgeous gladiators, Spartacus is a series that

easily caught the attention of LGBT fans from the first episode. However, it takes
more than a serving of skin to turn a TV show into the pop culture phenomenon
Spartacus has become. The series quickly unfolded into an intriguing tale of power,
honor, vengeance, and romance -- romance which includes the love story that began
last season between two gay rebel warriors, Agron (played by Dan Feuerriegel) and
Nasir (Pana Hema-Taylor)174.

Starz’s Spartacus was one of the earlier shows to fill home screens with violence and
sexuality that rivaled the movies. What is intriguing about the portrayal of sex in
Spartacus is how it mimics the openness about sex and sexuality that was present in
Ancient Rome. It tells the story of a time where sex was openly viewed as something
fun and natural, as opposed to the taboo that it has become in today’s society.
However, the show’s

Featuring an army of scantily clad, gorgeous gladiators, Spartacus is a series that

easily caught the attention of LGBT fans from the first episode. However, it takes
more than a serving of skin to turn a TV show into the pop culture phenomenon

174
The Gay Action Hero on Spartacus is Back, htts.www.advocate.com/television.

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Spartacus has become. The series quickly unfolded into an intriguing tale of power,
honor, vengeance, and romance -- romance which includes the love story that began
last season between two gay rebel warriors, Agron (played by Dan Feuerriegel) and
Nasir (Pana Hema-Taylor).

In an interview with Reuters, The Sparctus content creator defended the sexuality in
the show by arguing that it was and is parcel of this world now. If people want to
stop watching the show because two guys kiss, well, I shrug my shoulders. You
know, that that will always be in there”

According to the show Spartacus portrays a lot of Roman debauchery. How much
of that was really going on? To be clear, I'm well aware of the fact that Starz'
Spartacus turned the sex and violence up to 11. However, the idea that the Romans
were particularly decadent and cruel has been around for a long time. So, how much
casual murder and rampant sex (including rape) was actually going on, if at all? If it
was, during what periods?

According to Roman Archaeology, the idea of Roman "decadence" actually has a

somewhat strange history. Its root can be found in an extensive body of moral
literature produced by Roman authors which often took bodily depravity as a theme.
Juvenal and Seneca were well known and fairly straightforward practitioners of this
genre, but you can also find more interesting examples like Lucian's "The Dependent
Scholar" which describes the life led by a scholar attached to prominent Roman
households. However, these cannot be taken at face value, as they exist as critiques
of society from within the society and were not meant as complete portraits of
Roman life.

The aftermath of Roman literature, however, was through monasteries and the works
that were transmitted tend to be those that fit a particular purpose. In this case, the
purpose would be demonstrating the moral failings of pagan society, as well as the
general moral programs of monastic society.

The grotesque portrait of Rome painted by Juvenal was extremely popular for just
this very reason. The specific critiques of aspects of Roman society was thus
transformed into a general critique of non-Christian morality.

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Vertex of life argued that the final step came with the raise of pornography but
pornography would often be set in some sort of exoticized location--there has been
a lot of work on how "the orient" was eroticized through this, but also things like the
eroticization of Roma or other travelers was based on a setting, that was both very
familiar and deeply associated with a highly sexually charged body of literature,
Ancient Rome was the most suitable site given the huge amount of erotic art and
literature that took place in ancient Rome, for instance; the works of Paul Avril and
paintings set in ancient Rome would have an erotic element, for example Alma-
Tadema's paintings which often emphasize the sensual liberality of the Roman bath.

There are many different "Romes" in the collective historical conscious, often rather
contradictory. Through the twists a turn of historical circumstance, one of these
Romes is one of a highly sexual nature.

COMPARISON WITH OTHER SEPICIES

Scientists perceive homosexual behavior in animals to different degrees. According
to Bruce Bagemihl, same-sex behavior (comprising courtship, sexual, pair-bonding,
and parental activities) has been documented in over 450 species of animals
worldwide175.

Although same-sex interactions involving genital contact have been reported in

hundreds of animal species, they are routinely manifested in only a few, including
humans176. Simon LeVay stated that "although homosexual behavior is very
common in the animal world, it seems to be very uncommon that individual animals
have a long-lasting predisposition to engage in such behavior to the exclusion of
heterosexual activities. Thus, a homosexual orientation, if one can speak of such
thing in animals, seems to be a rarity."177

In 1910, a team of scientists set off on the Terra Nova Expedition to explore
Antarctica. Among them was George Murray Levick, a zoologist and photographer

175
Bagemihl B (1999). Biological Exuberance: Animal Homosexuality and Natural Diversity (Stone Wall Inn ed.).
New York City: St. Martin's Press. ISBN 9780312253776. "Homosexual behavior occurs in more than 450 different
kinds of animals worldwide, and is found in every major geographic region and every major animal group."
176
Bailey JM, Vasey PL, Diamond LM, Breedlove SM, Vilain E, Epprecht M (September 2016). "Sexual Orientation,
Controversy, and Science". Psychological Science in the Public Interest. 17 (2): 45–101.
doi:10.1177/1529100616637616. PMID 27113562. S2CID 42281410.
177
Levay S (1996). Queer Science: The Use and Abuse of Research into Homosexuality. Cambridge, Massachusetts:
MIT Press. p. 207. ISBN 9780262121996.

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who would be the first researcher to study the world's largest Adélie penguin colony.
He chronicled the animals' daily activities in great detail.

In his notebooks, Murray described their sexual behaviour, including sex between
male birds. However, none of these notes would appear in Levick's published papers.
Concerned by the graphic content, he only printed 100 copies of Sexual Habits of
the Adélie Penguin to circulate privately. The last remaining copy was recently
unearthed providing valuable insights into animal homosexuality research.

According to The Imperial Lodon College, same sex behaviour ranging from co-
parenting to sex has been observed in over 1,000 species with likely many more as
researchers begin to look for the behaviour explicitly. Homosexuality is widespread,
with bisexuality even more prevalent across species178.

The first “museum dedicated to gay animals” opened in 2006 at the University of
Oslo (Norway). It was called Against Nature? An Exhibition on Animal
Homosexuality and claimed to prove that animals develop “long-lasting [gay]
partnerships, Museum exhibition shows gay animal kingdom179.

From the wires: OSLO (Reuters) – The birds and the bees may be gay, according to
the world’s first museum exhibition about homosexuality among animals. With
documentation of gay or lesbian behavior among giraffes, penguins, parrots, beetles,
whales and dozens of other creatures180.

Lesbian star, Rosie O’Donnell, makes a similar claim that “In every animal kingdom
and every species, 10 percent of the population is homosexual181

The term homosexual was coined by the Hungarian writer and campaigner Karl
Maria Kertbeny in 1868 to describe same-sex sexual attraction and sexual behavior
in humans182. Its use in animal studies has been controversial for two main reasons:
animal sexuality and motivating factors have been and remain poorly understood,

178
Scientists explore the evolution of animal homosexuality by Juanita Bawagan.
179
http://www.nhm.uio.no/besok-oss/utstillinger/skiftende/againstnature/index-eng.html.
180
https://www.wired.com/2006/10/museum-exhibiti/
181
http://www.foxnews.com/story/0,2933,48821,00.html
182
The first known use of the word Homosexual is found in Benkert Kertbeny, K. M. (1869): Paragraph 143 des
Preussichen Strafgesetzebuches vom 14/4-1851 und seine Aufrechterhaltung als Paragraph 152 im Entwurf eines
Strafgesetzbuches fur den Norddeutschen Bundes, Leipzig, 1869. Reprinted in Jahrbuch fur sexuelle Zwischenstufen
7 (1905), pp. 1–66.

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and the term has strong cultural implications in western society that are irrelevant
for species other than humans183.

Thus, homosexual behavior has been given a number of terms over the years.
According to Bruce Bagemihl, when describing animals, the term homosexual is
preferred over gay, lesbian, and other terms currently in use, as these are seen as
even more bound to human homosexuality184.

183
Dorit R (September–October 2004). "Rethinking Sex". American Scientist. Retrieved 2007-09-11.
184
Bagemihl 1999, pp. 122–166.

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CHAPTER NINE
HOMOSEXUALITY APPLICATION TO ANIMALS.
In animals, this has been used to refer to same-sex behavior that is not sexual in
character (e.g. 'homosexual tandem running' in termites), same-sex courtship or
copulatory behavior occurring over a short period of time (e.g. 'homosexual
mounting' in cockroaches and rams) or long-term pair bonds between same-sex
partners that might involve any combination of courting, copulating, parenting and
affectional behaviors (e.g. 'homosexual pair bonds' in gulls). In humans, the term is
used to describe individual sexual behaviors as well as long-term relationships, but
in some usages connotes a gay or lesbian social identity. Scientific writing would
benefit from reserving this anthropomorphic term for humans and not using it to
describe behavior in other animals, because of its deeply rooted context in human
society.

Animal preference and motivation is always inferred from behavior. In wild animals,
researchers will as a rule not be able to map the entire life of an individual, and must
infer from frequency of single observations of behavior.

The term homosexuality has been applied to all sexual behavior (copulation, genital
stimulation, mating games and sexual display behavior) between animals of the same
sex. In most instances, it is presumed that the homosexual behavior is but part of the
animal's overall sexual behavioral repertoire, making the animal "bisexual" rather
than "homosexual" as the terms are commonly understood in humans185.

The observation of homosexual behavior in animals can be seen as both an argument

for and against the acceptance of homosexuality in humans, and has been used
especially against the claim that it is a peccatum contra naturam "sin against nature".
For instance, homosexuality in animals was cited by the American Psychiatric

185
Sommer V, Vasey PL (2006). Homosexual Behaviour in Animals, An Evolutionary Perspective. Cambridge:
Cambridge University Press. ISBN 978-0-521-86446-6.

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Association and other groups in their amici curiae brief to the United States Supreme
Court in Lawrence v. Texas, which ultimately struck down the sodomy laws186.

Majority research concerning homosexual behavior in animals lacks specification

between animals that exclusively exhibit same-sex tendencies and those that
participate in heterosexual and homosexual mating activities interchangeably. This
lack of distinction has led to differing opinions and conflicting interpretations of
collected data amongst scientists and researchers. For instance, Bruce Bagemihl,
author of the book Biological Exuberence: Animal Homosexuality and Natural
Diversity, emphasizes that there are no anatomical or endocrinological differences
between exclusively homosexual and exclusively heterosexual animal pairs187.

However, if the definition of "homosexual behavior" is made to include animals that

participate in both same-sex and opposite-sex mating activities, hormonal
differences have been documented among key sex hormones, such as testosterone
and estradiol, when compared to those who participate solely in heterosexual mating.

Many of the animals used in laboratory-based studies of homosexuality do not

appear to spontaneously exhibit these tendencies often in the wild. Such behavior is
often elicited and exaggerated by the researcher during experimentation through the
destruction of a portion of brain tissue, or by exposing the animal to high levels of
steroid hormones prenatally. Information gathered from these studies is limited
when applied to spontaneously occurring same-sex behavior in animals outside of
the laboratory.

Homosexual behaviour in animals has been discussed since classical antiquity. The
earliest written mention of animal homosexuality appears to date back to 2,300 years
ago, when Aristotle (384–322 BC) described copulation between pigeons, partridges
and quails of the same sex188. The Hieroglyphics of Horapollo, written in the 4th
century AD by the Egyptian writer Horapollo, mentions "hermaphroditism" in

186
"Brief for Amici Curiae in Support of Petitioners, Lawrence v. Texas"
187
Bagemihl B (1999). Biological Exuberance: Animal Homosexuality and Natural Diversity. New York: St. Martin's
Press.
188
Riccucci M (2011). "Same-sex sexual behaviour in bats". Hystrix It. J. Mammal. 22 (1): 139–47.
doi:10.4404/hystrix-22.1-4478.

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hyenas and homosexuality in partridges. The first review of animal homosexuality

was written by the zoologist Ferdinand Karsch-Haack in 1900189.

Academic research into the ubiquity of same-sex sexual behavior was not carried
out on a large scale, possibly due to observer bias caused by social attitudes to same-
sex sexual behavior, innocent confusion, lack of interest, distaste, scientists fearing
loss of their grants or even from a fear of "being ridiculed by their colleagues190”.

Georgetown University biologist Janet Mann states "Scientists who study the topic
are often accused of trying to forward an agenda, and their work can come under
greater scrutiny than that of their colleagues who study other topics.”191 They also
noted "Not every sexual act has a reproductive function ... that's true of humans and
non-humans." Studies have demonstrated homosexual behavior in a number of
species, but the true extent of homosexuality in animals is not known.

Some researchers believe this behavior to have its origin in male social organization
and social dominance, similar to the dominance traits shown in prison sexuality.
Others, particularly Bagemihl, Joan Roughgarden, Thierry Lodé192 and Paul Vasey
suggest the social function of sex (both homosexual and heterosexual) is not
necessarily connected to dominance, but serves to strengthen alliances and social
ties within a flock. While reports on many such mating scenarios are still only
anecdotal, a growing body of scientific work confirms that permanent
homosexuality occurs not only in species with permanent pair bonds193, but also in
non-monogamous species like sheep. One report on sheep found that 8% of rams
exhibited homosexual preferences—that is, even when given a choice, they chose
male over female partners. In fact, apparent homosexual individuals are known from
all of the traditional domestic species, from sheep, cattle and horses to cats, dogs and
budgerigars194.

189
Riccucci M (2011). "Same-sex sexual behaviour in bats". Hystrix It. J. Mammal. 22 (1): 139–47.
doi:10.4404/hystrix-22.1-4478.
190
"1,500 Animal Species Practice Homosexuality". News-medical.net. 2006-10-23. Archived from the original on
May 28, 2007. Retrieved 2007-09-10.
191
Moskowitz C (19 May 2008). "Homosexuality Common in the Wild, Scientists Say". Fox News. Retrieved 2008-
07 02.
192
Thierry Lodé La guerre des sexes chez les animaux Eds O Jacb, Paris, 2006, ISBN 2-7381-1901-8
193
Douglas K (December 7, 2009). "Homosexual selection: The power of same-sex liaisons". New Scientist. Retrieved
2009-12-21.
194
Bagemihl B (1999). Biological Exuberance: Animal Homosexuality and Natural Diversity. St. Martin's Press. ISBN
978-0312253776.

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Homosexual and bisexual behaviors occur in a number of other animal species. Such
behaviors inculde sexual activity, courtship, affection, pair bonding, and parenting,
and are widespread; a 1999 review by researcher Bruce Bagemihl shows that
homosexual behavior has been documented in about 500 species, ranging from
primates to gut worms195.

Animal sexual behavior takes many different forms, even within the same species.
The motivations for and implications of these behaviors have yet to be fully
understood, since most species have yet to be fully studied. [255] According to
Bagemihl, "the animal kingdom [does] it with much greater sexual diversity—
including homosexual, bisexual and nonreproductive sex—than the scientific
community and society at large have previously been willing to accept”. [256] as
discussed below.

BONOBOS
Roughly 60% of all bonobo sexual activity occurs between two or more females.
While the homosexual bonding system in bonobos represents the highest frequency
of homosexuality known in any primate species, homosexuality has been reported
for all great apes, as well as a number of other primate species196.

Accordingly, Bonobos form a matriarchal society, unusual among apes. They are
fully bisexual: both males and females engage in hetero- and homosexual behavior,
being noted for female–female sex in particular,197 including between juveniles and
adults198. Roughly 60% of all bonobo sexual activity occurs between two or more
females. While the homosexual bonding system in bonobos represents the highest
frequency of homosexuality known in any primate species, homosexuality has been

195
Aristotle; Pliny (transl. Rackham, 1947, Vol. 3: 399; Aristotle, transl. Peck, 1970, Vol. 2: 233; see also: Aelian,
transl. Wilson, 1997: 37). "Oxford Academic Zoologic Journal".
196
de Waal FB (March 1995). "Bonobo Sex and Society: The behavior of a close relative challenges assumptions
about male supremacy in human evolution" (PDF). Scientific American. 272 (3): 82–88.
Bibcode:1995SciAm.272c..82W. doi:10.1038/scientificamerican0395-82. PMID 7871411. Archived from the
original (PDF) on 1 August 2016. Retrieved 10 March 2019.
197
Elmér M, Nørgaard JP, Djurhuus JC, Adolfsson T (May 1988). "Terodiline in the treatment of diurnal enuresis in
children". Scandinavian Journal of Primary Health Care. 6 (2): 119–24. doi:10.3109/02813438809009301. PMID
3291041.
198
de Waal FB (March 1995). "Bonobo Sex and Society: The behavior of a close relative challenges assumptions
about male supremacy in human evolution" (PDF). Scientific American. 272 (3): 82–88.
Bibcode:1995SciAm.272c..82W. doi:10.1038/scientificamerican0395-82. PMID 7871411. Archived from the
original (PDF) on 1 August 2016. Retrieved 10 March 2019.

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reported for all great apes, as well as a number of other primate species199. and
domestic sheep are the only animals conclusively proven to exhibit a homosexual
orientation200.

GIRAFFES
Male giraffes have been observed to engage in remarkably high frequencies of
homosexual behavior. After aggressive "necking", it is common for two male
giraffes to caress and court each other, leading up to mounting and climax. Such
interactions between males have been found to be more frequent than heterosexual
coupling201. In one study, up to 94% of observed mounting incidents took place
between two males. The proportion of same sex activities varied between 30 and
75%, and at any given time one in twenty males were engaged in non-combative
necking behavior with another male. Only 1% of same-sex mounting incidents
occurred between females.

GORILLAS
Homosexual behavior among male gorillas has been studied202. This behavior occurs
more often in all-male bachelor packs in the wild and it is believed to play a role in
social bonding. Homosexual behavior among female mountain gorillas has also been
documented203.

Penguins
Penguins have been observed to engage in homosexual behaviour since at least as
early as 1911. George Murray Levick, who documented this behaviour in Adélie
penguins at Cape Adare, described it as "depraved". The report was considered too
shocking for public release at the time, and was suppressed. The only copies that
199
Dawkins R (2004). "Rendezvous I: Chimpanzees". The Ancestor's Tale: A Pilgrimage to the Dawn of Life.
Houghton Mifflin (US). pp. 92–93. ISBN 978-1-155-16265-2.
200
The first known use of the word Homoseksuäl is found in Benkert Kertbeny, K. M. (1869): Paragraph 143 des
Preussichen Strafgesetzebuches vom 14/4-1851 und seine Aufrechterhaltung als Paragraph 152 im Entwurf eines
Strafgesetzbuches fur den Norddeutschen Bundes, Leipzig, 1869. Reprinted in Jahrbuch fur sexuelle Zwischenstufen
7 (1905), pp. 1–66
201
Coe MJ (1967). ""Necking" behavior in the giraffe". Journal of Zoology. 151 (3): 313–321. doi:10.1111/j.1469-
7998.1967.tb02117.x.
202
Yamagiwa J (1987-01-01). "Intra- and inter-group interactions of an all-male group of virunga mountain gorillas
(Gorilla gorilla beringei)". Primates. 28 (1): 1–30. doi:10.1007/BF02382180. ISSN 1610-7365. S2CID 24667667.
203
Grueter CC, Stoinski TS (2016-05-11). "Homosexual Behavior in Female Mountain Gorillas: Reflection of
Dominance, Affiliation, Reconciliation or Arousal?". PLOS ONE. 11 (5): e0154185.
Bibcode:2016PLoSO..1154185G. doi:10.1371/journal.pone.0154185. PMC 4864209. PMID 27167861.

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were made available privately to researchers had the English text partly written in
Greek letters, to prevent this knowledge becoming more widely known. The report
was unearthed only a century later, and published in Polar Record in June 2012204.

A case in point is a gay penguin couple known as Roy and Silo, in early February
2004, The New York Times reported that Roy and Silo, a male pair of chinstrap
penguins in the Central Park Zoo in New York City, had successfully hatched and
fostered a female chick from a fertile egg they had been given to incubate205. Other
penguins in New York zoos have also been reported to have formed same-sex
pairs206.

Another example is that of Sphen and Magic, where two male Gentoo penguins,
recently made headlines when they 'adopted' an egg. Gentoos are closely related to
Adélie penguins, the species Levick first observed in 1911. After the two penguins
bonded and began creating a nest, zookeepers at the Sea Life Sydney Aquarium
decided to give them an egg that had been abandoned by a pair of heterosexual
penguins in the group. On October 19, 2018, Baby Sphengic was born.

ELEPHANTS
African and Asian male elephants engage in same-sex bonding and mounting. Such
encounters are often associated with affectionate interactions, such as kissing, trunk
intertwining, and placing trunks in each other's mouths. Male elephants, who often
live apart from the general herd, often form "companionships", consisting of an older
individual and one or sometimes two younger males with sexual behavior being an
important part of the social dynamic. Unlike heterosexual relations, which are
always of a fleeting nature, the relationships between males may last for years. The
encounters are analogous to heterosexual bouts, one male often extending his trunk
along the other's back and pushing forward with his tusks to signify his intention to
mount. Same-sex relations are common and frequent in both sexes, with Asiatic

204
"Unearthed study on 'sexual depravity' in penguins". abc.net.au. 10 June.
205
Smith D (February 7, 2004). "Love That Dare Not Squeak Its Name". The New York Times.
206
"They're in love. They're gay. They're penguins... And they're not alone". Columbia University. Columbia News
Service. June 10, 2002. Archived from the original on January 23, 2009.

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elephants in captivity devoting roughly 45% of sexual encounters to same-sex

activity207.

AMAZON DOLPHINS
The Amazon river dolphin or boto has been reported to form up in bands of 3–5
individuals engaging in sexual activity. The groups usually comprise young males
and sometimes one or two females. Sex is often performed in non-reproductive
ways, using snout, flippers and genital rubbing, without regard to gender.[73] In
captivity, they have been observed to sometimes perform homosexual and
heterosexual penetration of the blowhole, a hole homologous with the nostril of other
mammals, making this the only known example of nasal sex in the animal
kingdom208. The males will sometimes also perform sex with males from the tucuxi
species, a type of small porpoise209.

AMERICAN BISONS
The American bison is a bovine mammal which displays homosexual behavior and
Courtship, mounting, with full anal penetration between bulls has been noted to
occur among American bison. The Mandan nation Okipa festival concludes with a
ceremonial enactment of this behavior, to "ensure the return of the buffalo in the
coming season”210. Also, mounting of one female by another (known as "bulling")
is extremely common among cattle. The behaviour is hormone driven and
synchronizes with the emergence of estrus (heat), particularly in the presence of a
bull.

207
Bagemihl 1999, pp. 427–430.
208
Sylvestre, J.-P. (Some Observations on Behavior of Two Orinoco Dolphins (Inia geoffrensis humboldtiaba [Pilleri
and Gihr 1977]), in Captivity, at Duisburg Zoo. Aquatic mammals no 11, pp. 58–65 article
209
Bagemihl 1999, pp. 339–348.
210
Bagemihl B (May 2000). "Left-Handed Bears & Androgynous Cassowaries: Homosexual/transgendered animals
and indigenous knowledge". Whole Earth Magazine (archived by archive.org).

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REPTILES
Lizards
Several species of whiptail lizard (especially in the genus Aspidoscelis) consist only
of females that have the ability to reproduce through parthenogenesis211. Females
engage in sexual behavior to stimulate ovulation, with their behavior following their
hormonal cycles; during low levels of estrogen, these (female) lizards engage in
"masculine" sexual roles. Those animals with currently high estrogen levels assume
"feminine" sexual roles. Some parthenogenetic lizards that perform the courtship
ritual have greater fertility than those kept in isolation due to an increase in hormones
triggered by the sexual behaviors. So, even though asexual whiptail lizards’
populations lack males, sexual stimuli still increase reproductive success. From an
evolutionary standpoint, these females are passing their full genetic code to all of
their offspring (rather than the 50% of genes that would be passed in sexual
reproduction). Certain species of gecko also reproduce by parthenogenesis212.

Some species of sexually reproducing geckos have also been found to display
homosexual behavior, e.g. the day geckos Phelsuma laticauda and Phelsuma
cepediana213.

TORTOISES
Jonathan, the world's oldest tortoise (an Aldabra giant tortoise), had been mating
with another tortoise named Frederica since 1991. In 2017, it was discovered that
Frederica was actually probably male all along, and was renamed Frederic214.

INSECTS AND ARACHNIDS

There is evidence of same-sex sexual behavior in at least 110 species of insects and
arachnids. Scharf et al. says: "Males are more frequently involved in same-sex sexual
(SSS) behavior in the laboratory than in the field, and isolation, high density, and
exposure to female pheromones increase its prevalence. SSS behavior is often

211
Cole CJ, Townsend CR (9 May 2005). "Parthenogenetic lizards as vertebrate systems". Journal of Experimental
Zoology. 256 (S4): 174–176. doi:10.1002/jez.1402560436. PMID 1974787.
212
Anon (9 June 2005). "Geckos: It's Not Always About Sex". Science Daily. Lewis & Clark College.
213
Budzinski RM (1997). "Homosexuelles Verhalten bei Geckos der Gattung Phelsuma". Sauria. 19 (3): 33–34.
214
Binyon M (October 19, 2017). "St Helena tortoise has a gay old time". The Times.

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shorter than the equivalent heterosexual behavior. Most cases can be explained via
mistaken identification by the active (courting/mounting) male. Passive males often
resist courting/mating attempts215”.

Scharf et al. continues: "SSS behavior has been reported in most insect orders, and
Bagemihl (1999) provides a list of ~100 species of insects demonstrating such
behavior. Yet, this list lacks detailed descriptions, and a more comprehensive
summary of its prevalence in invertebrates, as well as ethology, causes, implications,
and evolution of this behavior, remains lacking"216.

DRAGONFLIES
Male homosexuality has been inferred in several species of dragonflies (the order
Odonata). The cloacal pinchers of male damselflies and dragonflies inflict
characteristic head damage to females during sex217. A survey of 11 species of
damsel and dragonflies has revealed such mating damages in 20 to 80% of the males
too, indicating a fairly high occurrence of sexual coupling between males218.

FRUIT FLIES
Male Drosophila melanogaster flies bearing two copies of a mutant allele in the
fruitless gene court and attempt to mate exclusively with other males219. The genetic
basis of animal homosexuality has been studied in the fly D. melanogaster 220. Here,
multiple genes have been identified that can cause homosexual courtship and

215
Scharf I, Martin OY (2013). "Same-sex sexual behavior in insects and arachnids: prevalence, causes, and
consequences". Behavioral Ecology and Sociobiology. 67 (11): 1719–1730. doi:10.1007/s00265-013-1610-x. S2CID
10899013.
216
Ibid.
217
Dunkle SW (1991). "Head damage from mating attempts in dragonflies (Odonata:Anisoptera)". Entomological
News. 102 (1): 37–41.
218
Utzeri C, Belfiore C (1990). "Anomalous tandems in Odonata". Fragmenta Entomologica. 22 (2): 271–288.
219
Gailey DA, Hall JC (April 1989). "Behavior and cytogenetics of fruitless in Drosophila melanogaster: different
courtship defects caused by separate, closely linked lesions". Genetics. 121 (4): 773–85.
doi:10.1093/genetics/121.4.773. PMC 1203660. PMID 2542123.
220
Yamamoto D, Nakano Y (November 1999). "Sexual behavior mutants revisited: molecular and cellular basis of
Drosophila mating". Cellular and Molecular Life Sciences. 56 (7–8): 634–46. doi:10.1007/s000180050458. PMID
11212311. S2CID 22055533.

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mating221. These genes are thought to control behavior through pheromones as well
as altering the structure of the animal's brains222.

These studies have also investigated the influence of environment on the likelihood
of flies displaying homosexual behavior223.

BED BUGS
Male bed bugs (Cimex lectularius) are sexually attracted to any newly fed individual
and this results in homosexual mounting. This occurs in heterosexual mounting by
the traumatic insemination in which the male pierces the female abdomen with his
needle-like penis. In homosexual mating this risks abdominal injuries as males lack
the female counteradaptive spermalege structure. Males produce alarm pheromones
to reduce homosexual matin

JAPANESE MACAQUE
With the Japanese macaque, also known as the "snow monkey", same-sex relations
are frequent, though rates vary between troops. Females will form "consortships"
characterized by affectionate social and sexual activities. In some troops up to one
quarter of the females form such bonds, which vary in duration from a few days to
a few weeks. Often, strong and lasting friendships result from such pairings. Males
also have same-sex relations, typically with multiple partners of the same age.
Affectionate and playful activities are associated with such relations.

ORANGUTANS
Homosexual behavior forms part of the natural repertoire of sexual or sociosexual
behavior of orangutans. Male homosexual behavior occurs both in the wild and in
captivity, and it occurs in both adolescent and mature individuals. Homosexual
behavior in orangutans is not an artifact of captivity or contact with humans.

221
Yamamoto D, Ito H, Fujitani K (October 1996). "Genetic dissection of sexual orientation: behavioral, cellular, and
molecular approaches in Drosophila melanogaster". Neuroscience Research. 26 (2): 95–107. doi:10.1016/S0168-
0102(96)01087-5. PMID 8953572. S2CID 36582275.
222
Yamamoto D, Fujitani K, Usui K, Ito H, Nakano Y (May 1998). "From behavior to development: genes for sexual
behavior define the neuronal sexual switch in Drosophila". Mechanisms of Development. 73 (2): 135–46.
doi:10.1016/S0925-4773(98)00042-2. PMID 9622612. S2CID 14531382.
223
Zhang SD, Odenwald WF (June 1995). "Misexpression of the white (w) gene triggers male-male courtship in
Drosophila". Proceedings of the National Academy of Sciences of the United States of America. 92 (12): 5525–9.
Bibcode:1995PNAS...92.5525Z. doi:10.1073/pnas.92.12.5525. PMC 41728. PMID 7777542.

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MONKEYS
Among monkeys, Lionel Tiger and Robin Fox conducted a study on how Depo-
Provera contraceptives lead to decreased male attraction to females.

SHEEP
Several observations indicate that male–male sexual preference in rams is sexually
motivated. Rams routinely perform the same courtship behaviors (including foreleg
kicks, nudges, vocalizations, anogenital sniffs and flehmen prior to mounting other
males as observed when other rams court and mount estrous females. Furthermore,
pelvic thrusting and ejaculation often accompany same-sex mounts by rams224.

A number of studies have reported differences in brain structure and function

between male-oriented and female-oriented rams, suggesting that sexual partner
preferences are neurologically hard-wired225. A 2003 study by Dr. Charles E. Roselli
et al. (Oregon Health and Science University), states that homosexuality in male
sheep is associated with a region in the rams' brains which the authors call the "ovine
Sexually Dimorphic Nucleus" (OSDN) which is half the size of the corresponding
region in heterosexual male sheep226.

Scientists found that, "The OSDN in rams that preferred females was significantly
larger and contained more neurons than in male-oriented rams and ewes. In addition,
the OSDN of the female-oriented rams expressed higher levels of aromatase, a
substance that converts testosterone to estradiol, a form of estrogen which is believed
to facilitate typical male sexual behaviors. Aromatase expression was no different
between male-oriented rams and ewes [...] The dense cluster of neurons that
comprise the OSDN express cytochrome P450 aromatase. Aromatase MRNA levels
in the OSDN were significantly greater in female-oriented rams than in ewes,
whereas male-oriented rams exhibited intermediate levels of expression." These
results suggest that "... naturally occurring variations in sexual partner preferences
may be related to differences in brain anatomy and its capacity for estrogen

224
Roselli CE, Larkin K, Schrunk JM, Stormshak F (November 2004). "Sexual partner preference, hypothalamic
morphology and aromatase in rams". Physiology & Behavior. 83 (2): 233–45. doi:10.1016/j.physbeh.2004.08.017.
PMID 15488542. S2CID 156571.
225
Ibid.
226
Roselli CE, Larkin K, Resko JA, Stellflug JN, Stormshak F (February 2004). "The volume of a sexually dimorphic
nucleus in the ovine medial preoptic area/anterior hypothalamus varies with sexual partner preference".
Endocrinology. 145 (2): 478–83. doi:10.1210/en.2003-1098. PMID 14525915.

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synthesis."227 As noted before, given the potential unagressiveness of the male

population in question, the differing aromatase levels may also have been evidence
of aggression levels, not sexuality. It should also be noted that the results of this
particular study have not been confirmed by other studies.

Studies have failed to identify any compelling social factors that can predict or
explain the variations in sexual partner preferences of domestic rams. Homosexual
orientation and same-sex mounting in rams is not related to dominance, social rank
or competitive ability. Indeed, male-oriented rams are not more or less dominant
than female-oriented rams228. Homosexual orientation in rams is also not affected by
rearing conditions, i.e., rearing males in all-male groups, rearing male and female
lambs together, early exposure of adolescent males to females and early social
experiences with females do not promote or prevent homosexual orientation in rams.
Male-oriented partner preference also does not appear to be an artifact caused by
captivity or human management of sheep229.

SPOTTED HYENAS
The spotted hyena is matriarchal, and has dominance relationships with strong
sexual elements routinely observed between related females. Due largely to the
female spotted hyena's unique urogenital system, which looks more like a penis
rather than a vagina, early naturalists thought hyenas were hermaphroditic males
who commonly practiced homosexuality.

Early writings such as Ovid's Metamorphoses and the Physiologus suggested that
the hyena continually changed its sex and nature from male to female and back again.
In Paedagogus Clement of Alexandria noted that the hyena (along with the hare) was

227
Roselli CE, Larkin K, Resko JA, Stellflug JN, Stormshak F (February 2004). "The volume of a sexually dimorphic
nucleus in the ovine medial preoptic area/anterior hypothalamus varies with sexual partner preference".
Endocrinology. 145 (2): 478–83. doi:10.1210/en.2003-1098. PMID 14525915.
228
Roselli CE; Reddy RC; Kaufman KR (2011). "The development of male-oriented behavior in rams". Front.
Neuroendocrinol. 32 (2): 164–9. doi:10.1016/j.yfrne.2010.12.007. PMC 3085551. PMID 21215767. Roselli CE;
Reddy RC; Kaufman KR (2011). "The development of male-oriented behavior in rams". Front. Neuroendocrinol. 32
(2): 164–9. doi:10.1016/j.yfrne.2010.12.007. PMC 3085551. PMID 21215767.
229
Roselli CE, Larkin K, Schrunk JM, Stormshak F (November 2004). "Sexual partner preference, hypothalamic
morphology and aromatase in rams". Physiology & Behavior. 83 (2): 233–45. doi:10.1016/j.physbeh.2004.08.017.
PMID 15488542. S2CID 156571.

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"quite obsessed with sexual intercourse". Many Europeans associated the hyena with
sexual deformity, prostitution, and deviant sexual behavior.

VULTURES
In 1998, two male griffon vultures named Dashik and Yehuda, at the Jerusalem
Biblical Zoo, engaged in "open and energetic sex" and built a nest. The keepers
provided the couple with an artificial egg, which the two parents took turns
incubating, and 45 days later, the zoo replaced the egg with a baby vulture. The two
male vultures raised the chick together230. A few years later, however, Yehuda
became interested in a female vulture that was brought into the aviary. Dashik
became depressed, and was eventually moved to the zoological research garden at
Tel Aviv University where he too set up a nest with a female vulture231.

Two male vultures at the Allwetter Zoo in Muenster built a nest together, although
they were picked on and their nest materials were often stolen by other vultures.
They were eventually separated to try to promote breeding by placing one of them
with female vultures, despite the protests of German homosexual groups.

PIGEONS
Both male and female pigeons sometimes exhibit homosexual behavior. In addition
to sexual behavior, same-sex pigeon pairs will build nests, and hens will lay
(infertile) eggs and attempt to incubate them.

Black swans
An estimated one-quarter of all black swan pairings are of males. They steal nests,
or form temporary threesomes with females to obtain eggs, driving away the female
after she lays the eggs. The males spent time in each other's society, guarded the
common territory, performed greeting ceremonies before each other, and (in the
reproductive period) pre-marital rituals, and if one of the birds tried to sit on the
other, an intense fight began232. More of their cygnets survive to adulthood than
those of different-sex pairs, possibly due to their superior ability to defend large
230
Silver E (2 August 1999). "Gay vulture couple raise surrogate chicks". The Independent. London.
231
Lis J (21 September 2009). "'Gay' vulture couple split up at Jerusalem zoo, then become fathers"
232
Braithwaite LW (1970). "The Black Swan". Australian Natural History. 16: 375–379.

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portions of land. The same reasoning has been applied to male flamingo pairs raising
chicks233.

THE SPREAD OF HOMOSEXUALITY AND ITS GAIN

OF MORAL SUPPORT.
According to Bonnie J Morris234, On June 12, 2016, the popular gay dance club Pulse
in Orlando was the site of a mass shooting by one assailant. With at least 49 dead
and another 50 injured, this hate crime is being called the worst mass shooting in
U.S. history. It occurred during what was LGBT Pride weekend for towns and cities
in and beyond the United States. This created an immediate caring response from
mayors, police and FBI authorities, local and national politicians, and the President
of the United States, who reached out to express outrage and concern which in effect
demonstrates the enormous shift toward acceptance and public support for the LGBT
community. Despite the fact that the LGBTQIA+ community and individuals remain
targets for hate violence, the hard work of activists and allies made it possible to
reach this era, where the perpetrators of violence, not the victims, are condemned as
sick.

Social movements, organizing around the acceptance and rights of persons who
might today identify as LGBT or queer, began as responses to centuries of
persecution by church, state and medical authorities. Where homosexual activity or
deviance from established gender roles/dress was banned by law or traditional
custom, such condemnation might be communicated through sensational public
trials, exile, medical warnings and language from the pulpit. These paths of
persecution entrenched homophobia for centuries—but also alerted entire
populations to the existence of difference. Whether an individual recognized they,
too, shared this identity and were at risk, or dared to speak out for tolerance and
change, there were few organizations or resources before the scientific and political
revolutions of the 18th and 19th centuries. Gradually, the growth of a public media
and ideals of human rights drew together activists from all walks of life, who drew
courage from sympathetic medical studies, banned literature, emerging sex research
and a climate of greater democracy. By the 20th century, a movement in recognition
233
Young LC, Zaun BJ, Vanderwerf EA (August 2008). "Successful same-sex pairing in Laysan albatross". Biology
Letters. 4 (4): 323–5. doi:10.1098/rsbl.2008.0191. PMC 2610150. PMID 18505710.
234
History of Lesbian, Gay, Bisexual and Transgender Social Movements. Bonnie J Morris, PHD.

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of gays and lesbians was underway, abetted by the social climate of feminism and
new anthropologies of difference. However, throughout 150 years of homosexual
social movements (roughly from the 1870s to today), leaders and organizers
struggled to address the very different concerns and identity issues of gay men,
women identifying as lesbians, and others identifying as gender variant or
nonbinary. White, male and Western activists whose groups and theories gained
leverage against homophobia did not necessarily represent the range of racial, class
and national identities complicating a broader LGBT agenda. Women were often left
out altogether.

Most historians agree that there is evidence of homosexual activity and same-sex
love, whether such relationships were accepted or persecuted, in every documented
culture. We know that homosexuality existed in ancient Israel simply because it is
prohibited in the Bible, whereas it flourished between both men and women in
Ancient Greece. Substantial evidence also exists for individuals who lived at least
part of their lives as a different gender than assigned at birth. From the lyrics of
same-sex desire inscribed by Sappho in the seventh century BCE to youths raised as
the opposite sex in cultures ranging from Albania to Afghanistan; from the “female
husbands” of Kenya to the Native American “Two-Spirit,” alternatives to the
Western male-female and heterosexual binaries thrived across millennia and culture.
These realities gradually became known to the West via travelers’ diaries, the church
records of missionaries, diplomats’ journals, and in reports by medical
anthropologists. Such eyewitness accounts in the era before other media were of
course riddled with the biases of the (often) Western or white observer, and added
to beliefs that homosexual practices were other, foreign, savage, a medical issue, or
evidence of a lower racial hierarchy. The peaceful flowering of early trans or
bisexual acceptance in different indigenous civilizations met with opposition from
European and Christian colonizers.

In the age of European exploration and empire-building, Native American, North

African and Pacific Islander cultures accepting of “Two-Spirit” people or same-sex
love shocked European invaders who objected to any deviation from a limited
understanding of “masculine” and “feminine” roles. The European powers enforced
their own criminal codes against what was called sodomy in the New World: the
first known case of homosexual activity receiving a death sentence in North America
occurred in 1566, when the Spanish executed a Frenchman in Florida. Against the
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emerging backdrop of national power and Christian faith, what might have been
learned about same-sex love or gender identity was buried in scandal. Ironically,
both wartime conflict between emerging nations and the departure or deaths of male
soldiers left women behind to live together and fostered strong alliances between
men as well. Same-sex companionship thrived where it was frowned upon for
unmarried, unrelated males and females to mingle or socialize freely. Women’s
relationships in particular escaped scrutiny since there was no threat of pregnancy.
Nonetheless, in much of the world, female sexual activity and sensation were
curtailed wherever genital circumcision practices made clitoridectomy an ongoing
custom.

Where European dress—a clear marker of gender—was enforced by missionaries,

we find another complicated history of both gender identity and resistance. Biblical
interpretation made it illegal for a woman to wear pants or a man to adopt female
dress, and sensationalized public trials warned against “deviants” but also made such
martyrs and heroes popular: Joan of Arc is one example, and the chilling origins of
the word “faggot” include a stick of wood used in public burnigs of gay men. Despite
the risks of defying severe legal codes, cross-dressing flourished in early modern
Europe and America. Women and girls, economically oppressed by the sexism
which kept them from jobs and economic/education opportunities designated for
men only, might pass as male in order to gain access to coveted experiences or
income. This was a choice made by many women who were not necessarily
transgender in identity. Women “disguised” themselves as men, sometimes for
extended periods of years, in order to fight in the military (Deborah Sampson), to
work as pirates (Mary Read and Anne Bonney), attend medical school, etc. Both
men and women who lived as a different gender were often only discovered after
their deaths, as the extreme differences in male vs. female clothing and grooming in
much of Western culture made “passing” surprisingly easy in certain environments.
Moreover, roles in the arts where women were banned from working required that
men be recruited to play female roles, often creating a high-status, competitive
market for those we might today identify as transwomen, in venues from
Shakespeare’s theatre to Japanese Kabuki to the Chinese opera. This acceptance of
performance artists, and the popularity of “drag” humor cross-culturally, did not
necessarily mark the start of transgender advocacy, but made the arts an often-

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accepting sanctuary for LGBT individuals who built theatrical careers based around
disguise and illusion.

The era of sexology studies is where we first see a small, privileged cluster of
medical authorities begin promoting a limited tolerance of those born “invert.” In
Western history, we find little formal study of what was later called homosexuality
before the 19th century, beyond medical texts identifying women with large
clitorises as “tribades” and severe punishment codes for male homosexual acts. Early
efforts to understand the range of human sexual behavior came from European
doctors and scientists including Carl von Westphal (1869), Richard von Krafft-
Ebing (1882) and Havelock Ellis (1897)235. Their writings were sympathetic to the
concept of a homosexual or bisexual orientation occurring naturally in an
identifiable segment of humankind, but the writings of Krafft-Ebing and Ellis also
labeled a “third sex” degenerate and abnormal. Sigmund Freud, writing in the same
era, did not consider homosexuality an illness or a crime and believed bisexuality to
be an innate aspect beginning with undetermined gender development in the womb.
Yet Freud also felt that lesbian desires were an immaturity woman could overcome
through heterosexual marriage and male dominance. These writings gradually
trickled down to a curious public through magazines and presentations, reaching
men and women desperate to learn more about those like themselves, including some
like English writer Radclyffe Hall who willingly accepted the idea of being a
“congenital invert.” German researcher Magnus Hirschfeld went on to gather a
broader range of information by founding Berlin’s Institute for Sexual Science,
Europe’s best library archive of materials on gay cultural history. His efforts, and
Germany’s more liberal laws and thriving gay bar scene between the two World
Wars, contrasted with the backlash, in England, against gay and lesbian writers such
as Oscar Wilde and Radclyffe Hall. With the rise of Hitler’s Third Reich, however,
the former tolerance demonstrated by Germany’s Scientific Humanitarian
Committee vanished. Hirschfeld’s great library was destroyed and the books burnt
by Nazis on May 10, 1933.

In the United States, there were few attempts to create advocacy groups supporting
gay and lesbian relationships until after World War II. However, prewar gay life
flourished in urban centers such as New York’s Greenwich Village and Harlem

235
Carl von Westphal (1869), Richard von Krafft-Ebing (1882) and Havelock Ellis (1897)

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during the Harlem Renaissance of the 1920s. The blues music of African-American
women showcased varieties of lesbian desire, struggle and humor; these
performances, along with male and female drag stars, introduced a gay underworld
to straight patrons during Prohibition’s defiance of race and sex codes in speakeasy
clubs. The disruptions of World War II allowed formerly isolated gay men and
women to meet as soldiers and war workers; and other volunteers were uprooted
from small towns and posted worldwide. Many minds were opened by wartime,
during which LGBT people were both tolerated in military service and officially
sentenced to death camps in the Holocaust. This increasing awareness of an existing
and vulnerable population, coupled with Sen. Joseph McCarthy’s investigation of
homosexuals holding government jobs during the early 1950s outraged writers and
federal employees whose own lives were shown to be second-class under the law,
including Frank Kameny, Barbara Gittings, Allen Ginsberg and Harry Hay.
Awareness of a burgeoning civil rights movement (Martin Luther King’s key
organizer Bayard Rustin was a gay man) led to the first American- based political
demands for fair treatment of gays and lesbians in mental health, public policy and
employment. Studies such as Alfred Kinsey’s 1947 Kinsey Report suggested a far
greater range of homosexual identities and behaviors than previously understood,
with Kinsey creating a “scale” or spectrum ranging from complete heterosexual to
complete homosexual.

The primary organization for gay men as an oppressed cultural minority was the
Mattachine Society, founded in 1950 by Harry Hay and Chuck Rowland. Other
important homophile organizations on the West Coast included One, Inc., founded
in 1952, and the first lesbian support network Daughters of Bilitis, founded in 1955
by Phyllis Lyon and Del Martin. Through meetings and publications, these groups
offered information and outreach to thousands. These first organizations soon found
support from prominent sociologists and psychologists. In 1951, Donald Webster
Cory published "The Homosexual in America", asserting that gay men and lesbians
were a legitimate minority group, and in 1953 Evelyn Hooker, PhD, won a grant
from the National Institute of Mental Health to study gay men. Her groundbreaking
paper, presented in 1956, demonstrated that gay men were as well-adjusted as
heterosexual men, often more so. But it would not be until 1973 that the American
Psychiatric Association removed homosexuality as an “illness” classification in its
diagnostic manual. Throughout the 1950s and 60s, gay men and lesbians continued

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to be at risk for psychiatric lockup as well as jail, losing jobs, and/or child custody
when courts and clinics defined gay love as sick, criminal or immoral.

In 1965, as the civil rights movement won new legislation outlawing racial
discrimination, the first gay rights demonstrations took place in Philadelphia and
Washington, D.C., led by longtime activists Frank Kameny and Barbara Gittings.
The turning point for gay liberation came on June 28, 1969, when patrons of the
popular Stonewall Inn in New York’s Greenwich Village fought back against
ongoing police raids of their neighborhood bar. Stonewall is still considered a
watershed moment of gay pride and has been commemorated since the 1970s with
“pride marches” held every June across the United States. Recent scholarship has
called for better acknowledgement of the roles that drag performers, people of color,
bisexuals and transgender patrons played in the Stonewall Riots.

The gay liberation movement of the 1970s saw myriad political organizations spring
up, often at odds with one another. Frustrated with the male leadership of most gay
liberation groups, lesbians influenced by the feminist movement of the 1970s formed
their own collectives, record labels, music festivals, newspapers, bookstores, and
publishing houses, and called for lesbian rights in mainstream feminist groups like
the National Organization for Women (NOW). Gatherings such as women’s music
concerts, bookstore readings and lesbian festivals well beyond the United States
were extraordinarily successful in organizing women to become activists; the
feminist movement against domestic violence also assisted women to leave abusive
marriages, while retaining custody of children became a paramount issue for lesbian
mothers.

Expanding religious acceptance for gay men and women of faith, the first out gay
minister was ordained by the United Church of Christ in 1972. Other gay and lesbian
church and synagogue congregations soon followed. Parents and Friends of Lesbians
and Gays (PFLAG), formed in 1972, offered family members greater support roles
in the gay rights movement. And political action exploded through the National Gay
and Lesbian Task Force, the Human Rights Campaign, the election of openly gay
and lesbian representatives like Elaine Noble and Barney Frank, and, in 1979, the
first march on Washington for gay rights. The increasing expansion of a global
LGBT rights movement suffered a setback during the 1980s, as the gay male
community was decimated by the AIDS epidemic, demands for compassion and

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medical funding led to renewed coalitions between men and women as well as angry
street theatre by groups like AIDS Coalition to Unleash Power (ACT UP) and Queer
Nation. Enormous marches on Washington drew as many as one million gay rights
supporters in 1987 and again in 1993. Right wing religious movements, spurred on
by beliefs that AIDS was God’s punishment, expanded via direct mail. A New Right
coalition of political lobby groups competed with national LGBT organizations in
Washington, seeking to create religious exemptions from any new LGBT rights
protections. In the same era, one wing of the political gay movement called for an
end to military expulsion of gay, lesbian and bisexual soldiers, with the high-profile
case of Col. Margarethe Cammermeyer publicized through a made-for- television
movie, “Serving in Silence.” In spite of the patriotism and service of gay men and
lesbians in uniform, the uncomfortable and unjust compromise “Don’t Ask, Don’t
Tell” emerged as an alternative to decades of military witch hunts and dishonorable
discharges. Yet more service members ended up being discharged under DADT.

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CHAPTER TEN
A CENTURY OF ACTIVISM
The 20th century saw a wave of organized activism to secure LGBTQ civil rights
and freedoms. LGBTQ people had long been subject to public hostility and legal
prosecution, and were widely denied protection against discrimination in
employment, housing, military service, and private and public services. In the years
after World War II, activists across the nation formed organizations, including the
Mattachine Society and the Daughters of Bilitis, to campaign for civil rights for gay
men and lesbians. Early movement leaders included Frank Kameny, who spent
decades fighting against the federal government’s anti-LGBTQ employment
policies, and Lilli Vincenz, who published newsletters and columns, picketed the
White House, and made films that documented key moments in the movement236.

In June 1969, police raided the Stonewall Inn, a popular gay bar in New York City’s
Greenwich Village. The bar’s patrons, including transgender and gender non-
conforming people, lesbians, and gay men, fought back, sparking several days of
protests. A year later, to mark the anniversary of the uprising, thousands of people
took to the streets for the Christopher Street Liberation Day Parade, which is widely
regarded as the first Pride celebration237.

In the ensuing decades, lesbians, gay men, bisexuals, and transgender people
organized and fought on many fronts for equality and civil rights, including rights to
employment, military service, and marriage. The HIV/AIDS epidemic that began in
the 1980s hit LGBTQ communities hard, and LGBTQ people played central roles in
shaping public-health advocacy campaigns that accelerated research and access to
new treatments. The tools that activists have used in these struggles have changed
over the decades as new technologies have emerged. Also, organizations have

236
tps://www.loc.gov/classroom-materials/lgbtq-activism-and-contributions/
237
Ibid.

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changed as they have been challenged to recognize their past blind spots and
acknowledge individuals and communities who they themselves have excluded.

During in the last decade of the 20th century, millions of Americans watched as
actress Ellen DeGeneres came out on national television in April 1997, heralding a
new era of gay celebrity power and media visibility—although not without risks.
Celebrity performers, both gay and heterosexual, continued to be among the most
vocal activists calling for tolerance and equal rights. With greater media attention to
gay and lesbian civil rights in the 1990s, trans and intersex voices began to gain
space through works such as Kate Boernstein’s "Gender Outlaw238" and "My Gender
Workbook" (1998), Ann Fausto-Sterling’s "Myths of Gender" (1992) and Leslie
Feinberg’s Transgender Warriors (1998), enhancing shifts in women’s and gender
studies to become more inclusive of transgender and nonbinary identities. As a result
of hard work by countless organizations and individuals, helped by internet and
direct-mail campaign networking, the 21st century heralded new legal gains for gay
and lesbian couples. Same-sex civil unions were recognized under Vermont law in
2000 and Massachusetts became the first state to perform same-sex marriages in
2004; with the end of state sodomy laws (Lawrence v. Texas, 2003), gay and lesbian
Americans were finally free from criminal classification. Gay marriage was first
legal in the Netherlands, Belgium, Spain and Canada; but the recognition of gay
marriage by church and state continued to divide opinion worldwide. After the
impressive gains for LGBT rights in post-apartheid South Africa, conservative
evangelicals in the U.S. began providing support and funding for homophobic
campaigns overseas. Uganda’s dramatic death penalty for gays and lesbians was
perhaps the most severe in Africa.

The first part of the 21st century saw new emphasis on transgender activism and the
increasing usage of terminology that questioned binary gender identification. Images
of trans women became more prevalent in film and television, as did programming
with same-sex couples raising children. Transphobia, cissexism and other language
(such as “hir" and “them”) became standardized, and film and television
programming featured more openly trans youth and adult characters. Tensions
between lesbian and trans activists, however, remained, with the long-running
Michigan Womyn’s Music Festival boycotted by national LGBT groups over the

238
Gender Outlaw" 1994.

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issue of trans inclusion; like many woman-only events with a primarily lesbian base,
Michfest had supported an ideal of ingathering women and girls born female. The
festival ended after its fortieth anniversary in August 2015.

Internet activism burgeoned, while many of the public, physical gathering spaces
that once defined LGBT activism (bars, bookstores, women’s music festivals) began
to vanish, and the usage of “queer” replaced lesbian identification for many younger
women activists. Attention shifted to global activism as U.S. gains were not matched
by similar equal rights laws in the 75 other countries where homosexuality remained
illegal. As of 2016, LGBT identification and activism were still punishable by death
in ten countries: Iran, Iraq, Mauritania, Nigeria, Qatar, Saudi Arabia, Somalia,
Sudan, Uganda and Yemen; the plight of the LGBT community in Russia received
intense focus during the 2014 Winter Olympic Games, to which President Obama
sent a contingent of out LGBT athletes. Supportive remarks from the new Pope
Francis (“Who am I to judge?”) gave hope to LGBT Catholics worldwide.

Media representation
As more transgender people are represented and included within the realm of mass
culture, the stigma that is associated with being transgender can influence the
decisions, ideas, and thoughts based upon it. Media representation, culture industry,
and social marginalization all hint at popular culture standards and the applicability
and significance to mass culture as well. These terms play an important role in the
formation of notions for those who have little recognition or knowledge of
transgender people. Media depictions represent only a minuscule spectrum of the
transgender group239, which essentially conveys that those that are shown are the
only interpretations and ideas society has of them.

However, in 2014, the United States reached a "transgender tipping point",

according to Time240. At this time, the media visibility of transgender people reached
a level higher than seen before. Since then, the number of transgender portrayals
across TV platforms has stayed elevated. Research has found that viewing multiple

239
"MTV to launch new channel for gay viewers in 2005 – May. 25, 2004". CNN.
240
Steinmetz, K. (May 28, 2014). "The transgender tipping point". Time.

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transgender TV characters and stories improves viewers' attitudes toward

transgender people and related policies241.

EVENTS THAT HAVE FAVOURED ITS SPREAD.

International Transgender Day of Visibility
International Transgender Day of Visibility is an annual holiday occurring on March
31[245][246] dedicated to celebrating transgender people and raising awareness of
discrimination faced by transgender people worldwide. The holiday was founded by
Michigan-based transgender activist Rachel Crandall in 2009242.

Transgender Awareness Week

Transgender Awareness Week is a one-week celebration leading up to Transgender
Day of Remembrance. The purpose of Transgender Awareness Week is to educate
about transgender and gender non-conforming people and the issues associated with
their transition or identity243.

Transgender Day of Remembrance

Transgender Day of Remembrance (TDOR) is held every year on November 20 in
honor of Rita Hester, who was killed on November 28, 1998, in an anti-
transgender hate crime. TDOR serves a number of purposes:

 it memorializes all of those who have been victims of hate crimes and
prejudice,

 it raises awareness about hate crimes towards the transgender community,

 and it honors the dead and their relatives[250]

Trans March
Annual marches, protests or gatherings take place around the world for transgender
issues, often taking place during the time of local Pride parades for LGBT people.

241
Gillig, Traci K; Rosenthal, Erica L; Murphy, Sheila T; Folb, Kate Langrall (2017). "More than a Media Moment:
The Influence of Televised Storylines on Viewers' Attitudes toward Transgender People and Policies". Sex Roles. 78
(7–8): 1–13. doi:10.1007/s11199-017-0816-1. S2CID 149238194.
242
Carreras, Jessica. "Transgender Day of Visibility plans erupt locally, nationwide". PrideSource.
243
"Transgender Awareness Week". GLAAD. Archived from the original on 3 April 2019. Retrieved 3 April 2019.

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These events are frequently organised by trans communities to build community,

address human rights struggles, and create visibility244.

Pride symbols
The greatest changes in the U.S. occurred between spring 2015 and spring 2016: in
late spring 2015 Alison Bechdel’s lesbian-themed Broadway production Fun Home
won several Tony awards, former Olympic champion Bruce Jenner transitioned to
Caitlyn Jenner, and then in June of 2015, the Supreme Court decision recognized
same-sex marriage Obergefell v. Hodges245.

By spring 2016 the Academy Awards recognized films with both lesbian and
transgender themes: Carol and The Danish Girl. And the Supreme Court had avowed
that a lesbian family adoption in one state had to be recognized in all states.
However, the United States also saw intense racial profiling confrontations and
tragedies in this same period, turning LGBT activism to “intersectionality,” or
recognition of intersections issues of race, class, gender identity and sexism. With
the June 12 attacks on the Pulse Club in Orlando, that intersectionality was made
plain as straight allies held vigils grieving the loss of young Latino drag queens and
lesbians of color; with unanswered questions about the killer’s possible
identification with ISIS terrorism, other voices now call for alliances between the
LGBT and Muslim communities, and the greater recognition of perspectives from
those who are both Muslim and LGBT in the U.S. and beyond. The possible
repression of identity which may have played a role in the killer’s choice of target
has generated new attention to the price of homophobia –internalized, or culturally
expressed— in and beyond the United States.

Gain of moral support

The positive change in attitude towards lesbian and gay due to rapid change over
time has led to the gain of moral support towards homosexuality in a survey
conducted by The U.S. General Social Survey, Americans were asked about their
attitudes toward lesbian and gay people in the early 1970s. Throughout the 1970s
and 1980s, U.S. attitudes toward homosexuality were consistently negative. A large
majority of Americans judged sexual relations between two adults of the same sex

244
"Trans March on Friday". Jun 21, 2006. Archived from the original on 10 July 2020. Retrieved 10 July 2020.
245
576 U.s. 644 (2015)

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very harshly, with about 85% of survey respondents indicating that this was morally
wrong, at least sometimes. As recently as 1990, the General Social Survey tells us
that fewer than one in ten people said that same-sex sexual relations were “not wrong
at all.”

According to Sage Journals246, U.S. attitudes have shifted dramatically and By 2014,
about half of all respondents in their survey said that same-sex relations were not
wrong at all. Basedvon these measures, there has been a large shift in the last twenty-
five years toward moral approval of lesbian and gay sexual relations, greater support
for lesbian and gay rights, and friendlier feelings toward lesbian and gay people.
This large-scale increase in support is an unprecedented change in social attitudes,
more sudden and more dramatic compared to other issues such as race.

Other surveys such as The American National Election Study have delved into
how Americans feel about lesbian and gay people on a “feelings thermometer” scale
of 1-100, with low scores reflecting colder feelings and high scores being warmer,
more friendly feelings. You can see in the chart below that Americans’ feelings
toward lesbian and gay people have been steadily warming over the years. 2012 was
the first year that the mean response was above 50.

When asked about their opinions toward lesbian and gay rights, the responses were
more positive. That an approval of rights to groups can be granted even if its
considered that their actions are immoral, and this is the pattern that the surveys have
shown. Americans are more positive about lesbian and gay people than about the
moral question of homosexuality, more positive still about equal rights for lesbian
and gay people.

Powerful organizations of the religious right used the issue of same-sex marriage to
fight against lesbian and gay rights. Until very recently, they had been very
successful at securing policy changes that would exclude same-sex couples from
marriage at the federal level, as well as in many states. Following passage by a
Republican congress, President Clinton, who has since disavowed his actions, signed
the Defense of Marriage Act into law in 1996, limiting federally recognized
marriages to those between one man and one woman—excluding lesbian and gay
couples. At this time, only 27% of Americans thought that same-sex marriage should

246
Sage publishers ISSN-6052.

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be legal. It seemed like a slam-dunk win for those interested in restricting lesbian
and gay rights. Thirty-five states passed laws restricting marriage to straight couples.

A few years later, the dice began to turn. The lesbian and gay movement mobilized
in full force to fight for marriage equality. They brought lawsuits to courts all across
the country. They pressured elected officials to support their cause and introduced
marriage equality legislation in several states.

In states where same-sex marriage was not legally recognized, protests included
county clerks issuing marriage licenses and officials holding same-sex weddings. In
2004 in San Francisco, Phyllis and Del were at the front of the long line of same-sex
couples who participated in wedding ceremonies that were later deemed invalid.
Local and national television and print news media gave broad coverage to the
spectacle of these protest weddings, drawing the attention of the nation to this issue.
Supporters from all across the country sent flowers to the happy couples waiting to
be married.

For decades, the LGBT movement in the United States worked tirelessly to secure
equal rights and to increase social acceptance. From the early days of the Daughters
of Bilitis, when activists fought against police raids on gay bars, to the recent fights
for same-sex marriage, LGBT activism has produced slow, uneven gains as well as
some losses. It is too soon to tell whether the recent policy victories of the LGBT
movement will carry over into new areas where inequalities for LGBT people still
exist, such as housing discrimination and violence against transgender people.
However, the LGBT movement has seen much change since those early days of the
Daughters of Bilitis, both in policy and in culture. Americans’ attitudes toward
lesbian and gay people are better than ever, and it looks like this will continue to
improve into the future247.

247
Faderman, p. 190-191.

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CHAPTER ELEVEN
THE POSITIVE AND NEGATIVE PERCEPTIONS
TOWARDS HOMOSEXUALITY
Its important to note that there are no positive aspects or advantages of
homosexuality, what rather exists is the wrong positive perception by those engaging
in homosexuality where they hold personal conceptions of being gay.

This chapter explores the positive personal perceptions towards sexual orientation
identity of LGBTQIA+. Based on qualitative interviews conducted with an
ethnically diverse sample of 63 gay/bisexual male adolescents in Chicago (N=42)
and Miami (N=21) by Gary W. Harper, Asya Brodsky and Douglas Bruce248
The study highlighted two conceptual categories: positive personal
conceptualizations of being gay/bisexual, and resiliency in the face of gay-related
oppression. Additional primary themes and sub-themes were identified within each
category that further illustrate how gay/bisexual youth were able to develop positive
conceptualizations of their sexual orientation despite experiencing negative societal
messages about being gay/bisexual.

POSITIVE PERSONAL CONCEPTUALIZATIONS OF

BEING GAY/BISEXUAL
This envisaged the two themes of being gay/bisexual as Flexibility and
Connectedness. Within the theme of flexibility, three sub-themes emerged—sexual
flexibility, environmental flexibility and gender flexibility as discussed below.

What’s Good about Being Gay?: Perspectives from Youth, Gary W. harper Department of Psychology, DePaul
248

University, 2219 N. Kenmore Avenue, Room 420. Chicago, IL 60614.

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FLEXIBILTY
The blacks law dictionary defines Felixbilty to mean a way in which a system can
change in a range and time frame. However, in the context of sexual orientation, it
refers to the aspect of a person with a different sex identity turning to a different sex
oreination, for instance, A gay male having sex with a lesbian and vice versa.

According to Kelly K kinnish249, The flexibility of sexual orientation in men and

women was examined by assessing self reported change overtime for three
dimensions of sexual orientation: heterosexual, bisexual, and gay. The findings
indicate that there were significant sex differnces in reported change in orientation
overtime for gays and heterosexuals, with women reporting greater change in
orientation over time than did men. Bisexual men and women did not differ with
respect to self reported change in orientation.

1.1 SEXUAL FLEXIBILITY,

Bisexual young men described the ability to have sexual relations with both males
and females. One youth commented that being bisexual allowed him to not feel
constrained to one sexual orientation category.

Um, positive things? Hum. I don't know. I get to like girls and boys, I guess. Um, I
have to classify, I really have a problem with classifying myself. Like that's really
an issue with me. I don't like to be classified as one thing, because then it doesn't
really make you who you are. It's kind of this blending with the rest of the people.
(Justin, 18-year-old, multi-racial bisexual male)

In this aspect, the participant gained strength from resisting stereotypes associated
with sexual orientation classification. He felt that by not identifying as gay or
straight, he was able to be himself around others.

ENVIRONMENTAL FLEXIBILITY.
Youth commented on how being gay/bisexual allowed them to explore more
physical places and spaces, specifically ones that are gay-friendly. In this sub-theme

249
Sex differnces in the flexibility of sexual orientation: A multidimensional retrospective assessment, Kelly K
Kinnish et al. Arch Sex Behav. 2005 Apr.

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the young men did not discuss the need to escape from unsafe spaces, but rather
emphasized the benefits of visiting places specifically tailored to LGBT youth.

Well, I really think I'm really lucky when it comes to that. Like there's just so much
available now that like I really like to utilize. Like there's so many organizations,
like I go over to [name of agency] and there's gays everywhere. And um, there's just
all, there's dances to go to. I love to go dancing. And I mean, it's just like if you like
really sit down, like count your blessings, there's so much out there that I'm really
like grateful for and like that I really am lucky to have available to me, like when it
comes to in terms of like things that are oriented for my sexuality and for people that
are like, and for places that I can go and be safe, doing whatever, and stuff like that.
That's very important to me250.

GENDER FLEXIBILITY.
Participants who discussed gender flexibility reported the ability to experiment with
gender roles. Specifically, the youth spoke about their ability to display both
masculine and feminine traits.

I think you’re free from some of the things that we talked about, some of the ideas
of what it means to be a man. You don’t really have to, it’s not something you really
have to think about when you’re gay. You can kind of be who you are and not have
to worry about um, being masculine or being ah, a stereotypical man251.

Its argued that if one can identify with two genders, they can resiliently beat any
form of gender discrimination One of the participants in the above study utilized a
strategy of resisting stereotypes specifically associated with gender. Many of the
adolescents who spoke about gender flexibility offered their views on the concept of
masculinity, and how being a man has been constructed by society. Individuals
whose responses reflected this sub-theme of gender flexibility expressed a sense of
freedom, as well as a sense of strength gained from rejecting stereotypes associated
with being a man.

250
(Paul, 16-year-old, Italian gay male)
251
(Michael, 22-year-old, White gay male)

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CONNECTEDNESS.
Participants focused these internal messages either on being connected with
females or connected to the gay community. The youth who described a connection
with females emphasized that females generally find gay men trusting and valuable
in providing emotional support, as compared to heterosexual men.

Well, I mean, there's a lot of things. I mean, like um, I feel like um, women are more
trusting of me because I'm gay. Um, um, which is a plus, because I'm kind of gonna
be that rock in a way, like they can come to me and talk to me about stuff. However,
I mean, I guess I was coming up like that figure anyways before, but it's definitely
more so now. (Sean, 21-year-old, Eastern European gay male)

Another participant who commented on connectedness with females argued that the
reason for this closeness is the fact that straight men typically befriend women for
sexual purposes, while gay men do not. Additionally, he argued that both gay men
and straight women are able to share their experiences with male sexual/dating
partners and receive advice from one another.

Some youth expressed a sense of connection to the gay community. They discussed
feeling connected to other individuals who had gone through similar experiences and
their ability to bond through hardships. Participants also expressed the ability to form
social support groups with other gay people.

Positive things about being gay? Um, it's, it's very easy to, to, when you do find
somebody that is, that is very similar to yourself, it's very easy to find a connection
with them because they've endured a lot of the same hardships that you have and,
and you, and it's easy to talk, I feel like it's very easy to talk to somebody else who
is gay, because they've experienced a lot of the same things that I have in coming
and developing their identity252.

252
(Patrick, 20-year-old, White gay male)

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Recent research by the sociocultural psychologist, Chana Etengoff, has highlighted

the therapeutic benefits of LGBTQ petitions to religious leaders, including meaning-
making, social action, agency and empowerment253.

Equal Protection Under the Law: Legalizing same-sex marriage can be seen as an
extension of the Equal Protection Clause of the Fourteenth Amendment to the United
States Constitution, which guarantees equal treatment under the law to all citizens
regardless of their gender or sexual orientation. In the landmark case of Obergefell
v. Hodges254, the Supreme Court of the United States held that same-sex couples
have a constitutional right to marry and that bans on same-sex marriage are
unconstitutional.

Recognition of Parental Rights: Legalizing same-sex marriage can help to

recognize and protect the parental rights of same-sex couples and their children. In
the case of V.L. v. E.L. (2016), the Supreme Court of the United States held that a
same-sex partner who is not a biological or adoptive parent can still have parental
rights in some circumstances.

Access to Legal Protections: Legalizing same-sex marriage can grant same-sex

couples’ access to a range of legal protections and benefits, such as spousal health
insurance, inheritance rights, and survivor benefits. In the United States, the Defense
of Marriage Act (DOMA) was struck down in 2013 in the case of United States v.
Windsor, allowing same-sex couples access to these legal protections.

Right to Privacy: Ugandan law recognizes the right to privacy, which can be seen
as a legal merit for same-sex relationships. In 2014, the Constitutional Court of
Uganda declared the Anti-Homosexuality Act unconstitutional on the grounds that
it violated the right to privacy and dignity of LGBTQ+ individuals. Its however still
the postion of the law under The Penal Code Act that homosexuality is illegal.

Resiliency in the Face of Gay-Related Oppression

253
Etengoff, Chana (2016-04-04). "Petitioning for Social Change: Letters to Religious Leaders From Gay Men and
Their Family Allies". Journal of Homosexuality. 64 (2): 166–194. doi:10.1080/00918369.2016.1174022. ISSN 0091-
8369. PMID 27046269. S2CID 40419307.
254
(2015)

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Although many of the youth focused on positive conceptualizations of being

gay/bisexual, some identified ways in which they had demonstrated resiliency in the
face of oppression. Participants expressed their resiliency in four ways,
including acceptance, self-care, rejection of stereotypes, and activism. Inherent in
many of the themes and sub-themes in this section is the acknowledgement and
confirmation that these youth have experienced various forms of oppression and
marginalization related to their sexual orientation, but they demonstrated resiliency
and strength in the face of these negative forces.

Youth who discussed messages of acceptance either centered their responses on self-
acceptance or acceptance by others. The youth who described self-
acceptance argued that exploring their sexuality allowed for the opportunity to be
who they are, which resulted in greater feelings of happiness.

Well, um, it’s, it’s fun (chuckles) at times. Um, positive about being gay? Ah, well,
just because it is what I am, um, the more I come to accept it, the more fun I have, I
guess, with it. Ah, it’s hard to say a lot of positive things of being gay, because
society doesn’t see it the same way. I don’t know. So that’s all I have to say255. Here
the participant acknowledges pervasive negative societal views of gay/bisexual
people, but he has been able to find self-acceptance and enjoyment in being gay.
Another participant who discussed self-acceptance focused on the importance of
“not hiding behind something.” He empowered himself and gained strength by not
concealing his sexual orientation identity around others.

Several of the youth reported acceptance by others as another form of resiliency.

They discussed feeling connected to friends who accepted them as gay/bisexual
young men, and expressed how such acceptance served as a form of social support.
The following youth talks about the fun he has with his friends who are not
gay/bisexual and emphasizes that a critical aspect of his relationship with them is
that they do not “judge” him or hold negative views of gay/bisexual people

Now the positives, like my friends and stuff, they're the ones I kick it with, them,
I'm acting like, okay, we gonna go out with him and we just gonna have fun. We

255
(Ben, 20-year-old, White gay male)

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gonna enjoy ourselves, to go the movies, go to whatever, go out to eat and stuff like
that. They don't judge me…256

Participants also acknowledged self-care as a resiliency strategy. Those that stressed

the importance of self-care discussed the need to take care of oneself on both
an emotional and physical level. Emotional self-care was discussed in the context of
acknowledging and being aware of the negative emotional impact of heterosexist
societal messages on them as gay/bisexual young men, and then building resistance
strategies to such pervasive negativity. This often resulted in increased vigilance
around homophobic individuals. One young man discussed the potential negative
consequences of being openly gay around “homophobic people” and the need to be
responsible when making decisions about sexual orientation disclosure.

And be careful. Be responsible with it. Not just be, I mean, if you're out you have to
be careful of like you don't run into like those certain people that's gonna hurt you.
Like you have to be responsible enough to take care of yourself, if you're gonna be
out…. Well, think about like certain things, like think that, try not to get shot or
something. Be careful who you tell or who

NEGATIVE PERCEPTIONS
The negative conditions created by societal and psychological challenges placed on
LGBTQIA+ populations often lead to unique stressors and have been associated
with various health disparities257. Adolescent-focused research has indicated that
stressors affecting LGB populations may include stigmatization due to disclosure of
their sexual orientation identity and fear of disclosure and ridicule, all of which may
be classified as “sexual orientation victimization”258.

Ryan, Huebner & Diaz focused on the association between family rejection and
substance use, risky sexual behavior, and suicide attempts/suicide ideation among
LGBTQIA+ adolescents and found a positive relationship between family rejection
and the physical and mental health risk variables they explored259.

256
(Chris, 23-year-old, African American gay male)
257
Meyer, 2007; Stall, Freidman & Catania, 2008.
258
Bontempo & D’Augelli, 2002.
259
Diaz, & Ayala2001; Harper & Schneider, 2003.

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Savin-Williams in 2006 discussed the existing link revealed in prior studies between
victimization of LGB adolescents/adults and clinical diagnoses of depression,
anxiety and other negative mental health outcomes. Such studies suggest that outlets
are not being provided for these youth to explore their identities and allow for a
healthy and positive development. In addition to the basic challenges of adolescent
development, LGB youth must face self-identity and disclosure issues.

Forms of discriminations against LGBTQIA+ persons are multiple and are

predominat in areas of employment, housing, access to health care and education as
reported by Diaz, & Ayala260. Unfortunately, federal U.S. laws and legislation fail
to protect individuals from these inequalities.

The existence of laws prohibiting same-sex couples from marrying or disallowing

them from adopting/having custody over children reinforces the lack of human rights
protections of LGBTQIA+ populations and legitimizes their continuing
victimization261. Additionally, the “normalization” of heterosexuality provides
limited opportunities for LGB adolescents to explore their sexual orientation identity
and has been linked to adverse mental health outcomes262.

EMPLOYMENT DISCRIMINATION
Transgender individuals experience significant rates of employment discrimination.
A study conducted by shows that approximately 90% of trans people have
encountered some form of harassment or mistreatment in their workplace. Moreover,
47% have experienced some form of adverse employment outcome due to being
transgender; of this figure, 44% were passed over for a job, 23% were denied a
promotion, and 26% were terminated on the grounds that they were transgender263.

260
Diaz, & Ayala2001; Harper & Schneider, 2003.
261
Harper & Schneider, 2003
262
Rivers & D’Augelli, 2001.
263
"Gay and Transgender People Face High Rates of Workplace Discrimination and Harassment". Generation
Progress. 2011-06-03. Archived from the original on 2021-04-21. Retrieved 2021-03-23.

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CHAPTER TWELVE
RELIGIOUS EXEMPTIONS:
Legalizing same-sex marriage can infringe on religious liberties and freedom of
conscience. Some legal cases have considered the scope and limits of religious
exemptions in the context of same-sex marriage, such as Masterpiece Cakeshop v.
Colorado Civil Rights Commission (2018), in which the Supreme Court of the
United States held that a baker who refused to make a cake for a same-sex wedding
based on his religious beliefs did not violate anti-discrimination laws.

Parental Rights Challenges: Despite legal recognition of same-sex marriage, same-

sex couples may still face challenges to their parental rights and responsibilities. For
example, in some jurisdictions, same-sex couples may still face obstacles in adopting
children or securing parental rights in cases of surrogacy or donor insemination.

Challenges to Gender Equality: Legalizing same-sex marriage may perpetuate

gendered expectations and roles, especially for same-sex couples who conform to
traditional gender norms. For example, some studies have suggested that same-sex
couples may still face pressure to conform to traditional gender roles and that legal
recognition of same-sex marriage may not fully address gender-based
discrimination.

Legal and Social Backlash: Legalizing same-sex marriage can also face opposition
and backlash from individuals or groups who hold discriminatory attitudes towards
the LGBTQ+ community. For example, some jurisdictions may pass laws or policies
that limit or restrict the rights of same-sex couples or LGBTQ+ individuals more
broadly, as has been the case in some states in the United States.

Data from multiple studies have demonstrated higher rates of verbal and physical
victimization experienced by LGB adolescents as compared to their heterosexual

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counterparts, and the negative effects this victimization has on their physical and
mental health264

For instance, Rivers and D’Augelli explored the high prevalence of verbal and
physical abuse present in the lives of LGBTQIA adolescents, and identified that such
abuse is perpetuated by peers, parents, and teachers within educational settings,
homes, and other social institutions. Furthermore, D’Augelli writes that LGBTQIA+
youth oftentimes report such incidents occurring on more than one occasion. When
threats become a daily concern for some of these adolescents, it is not surprising that
they may struggle to find sources of support and turn to health-damaging behaviors
such as substance use, sexual risk behaviors, suicide attempts, and running away
from home265.

264
., Bontempo & D’Augelli, 2002; Chesir-Teran & Hughes, 2009; D’Augelli, 2002; 2006; D’Augelli & Hershberger,
1993; Rivers & D’Augelli, 2001; Savin-Williams & Cohen, 1996; Telljohan & Price, 1993.
265
Harper, 2007; Rivers & D’Augelli, 2001; Savin-Williams, 1994; Scourfield, Roen & McDermott, 2008.

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CHAPTER THIRTEEN
QUEER THEORY AND THE SOCIAL CONSTRUCTION
OF SEXUALITY
With the rise of the gay liberation movement in the post-Stonewall era, overtly gay
and lesbian perspectives began to be put forward in politics, philosophy and literary
theory. Initially these often were overtly linked to feminist analyses of patriarchy
(e.g., Rich, 1980) or other, earlier approaches to theory. Yet in the late 1980s and
early 1990s queer theory was developed, although there are obviously important
antecedents which make it difficult to date it precisely. There are a number of ways
in which queer theory differed from earlier gay liberation theory, but an important
initial difference becomes apparent once we examine the reasons for opting for
employing the term ‘queer’ as opposed to ‘gay and lesbian.’ Some versions of, for
example, lesbian theory portrayed the essence of lesbian identity and sexuality in
very specific terms: non-hierarchical, consensual, and, specifically in terms of
sexuality, as not necessarily focused upon genitalia266. Lesbians arguing from this
framework, for example, could very well criticize natural law theorists as inscribing
into the very “law of nature” an essentially masculine sexuality, focused upon the
genitals, penetration, and the status of the male orgasm (natural law theorists rarely
mention female orgasms).

This approach, based upon characterizations of ‘lesbian’ and ‘gay’ identity and
sexuality, however, suffered from three difficulties. First, it appeared even though
the goal was to critique a heterosexist regime for its exclusion and marginalization
of those whose sexuality is different, any specific or “essentialist” account of gay or
lesbian sexuality had the same effect. Sticking with the example used above, of a
specific conceptualization of lesbian identity, it denigrates women who are sexually
and emotionally attracted to other women, yet who do not fit the description. Sado-
masochists and butch/fem lesbians arguably do not fit this ideal of ‘equality’ offered.
A second problem was that by placing such an emphasis upon the gender of one’s
266
(e.g., Faderman, 1985)

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sexual partner(s), other possible important sources of identity are marginalized, such
as race and ethnicity. What may be of utmost importance, for example, for a black
lesbian is her lesbianism, rather than her race. Many gays and lesbians of color
attacked this approach, accusing it of re-inscribing an essentially white identity into
the heart of gay or lesbian identity (Jagose, 1996).

The third and final problem for the gay liberationist approach was that it often took
this category of ‘identity’ itself as unproblematic and unhistorical. Such a view,
however, largely because of arguments developed within poststructuralism, seemed
increasingly untenable. The key figure in the attack upon identity as ahistorical is
Michel Foucault. In a series of works he set out to analyze the history of sexuality
from ancient Greece to the modern era (1980, 1985, 1986). Although the project was
tragically cut short by his death in 1984, from complications arising from AIDS,
Foucault articulated how profoundly understandings of sexuality can vary across
time and space, and his arguments have proven very influential in gay and lesbian
theorizing in general, and queer theory in particular267

One of the reasons for the historical review above is that it helps to give some
background for understanding the claim that sexuality is socially constructed, rather
than given by nature. Moreover, in order to not prejudge the issue of social
constructionism versus essentialism, I avoided applying the term ‘homosexual’ to
the ancient or medieval eras. In ancient Greece the gender of one’s partner(s) was
not important, but instead whether one took the active or passive role. In the
medieval view, a ‘sodomite’ was a person who succumbed to temptation and
engaged in certain non-procreative sex acts. Although the gender of the partner was
more important in the medieval than in the ancient view, the broader theological
framework placed the emphasis upon a sin versus refraining-from-sin dichotomy.
With the rise of the notion of ‘homosexuality’ in the modern era, a person is placed
into a specific category even if one does not act upon those inclinations. It is difficult
to perceive a common, natural sexuality expressed across these three very different
cultures. The social constructionist contention is that there is no ‘natural’ sexuality;
all sexual understandings are constructed within and mediated by cultural
understandings. The examples can be pushed much further by incorporating
anthropological data outside of the Western tradition (Halperin, 1990; Greenberg,

267
(Spargo, 1999; Stychin, 2005).

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1988). Yet even within the narrower context offered here, the differences between
them are striking. The assumption in ancient Greece was that men (less is known
about Greek attitudes towards women) can respond erotically to either sex, and the
vast majority of men who engaged in same-sex relationships were also married (or
would later become married). Yet the contemporary understanding of homosexuality
divides the sexual domain in two, heterosexual and homosexual, and most
heterosexuals cannot respond erotically to their own sex.

In saying that sexuality is a social construct, these theorists are not saying that these
understandings are not real. Since persons are also constructs of their culture (in this
view), we are made into those categories. Hence today persons of course understand
themselves as straight or gay (or perhaps bisexual), and it is very difficult to step
outside of these categories, even once one comes to see them as the historical
constructs they are.

Gay and lesbian theory was thus faced with three significant problems, all of which
involved difficulties with the notion of ‘identity.’ Queer theory arose in large part as
an attempt to overcome them. How queer theory does so can be seen by looking at
the term ‘queer’ itself. In contrast to gay or lesbian, ‘queer,’ it is argued, does not
refer to an essence, whether of a sexual nature or not. Instead it is purely relational,
standing as an undefined term that gets its meaning precisely by being that which is
outside of the norm, however that norm itself may be defined. As one of the most
articulate queer theorists puts it: “Queer is … whatever is at odds with the normal,
the legitimate, the dominant. There is nothing in particular to which it necessarily
refers. It is an identity without an essence” (Halperin, 1995, 62, original emphasis).
By lacking any essence, queer does not marginalize those whose sexuality is outside
of any gay or lesbian norm, such as sado-masochists. Since specific
conceptualizations of sexuality are avoided, and hence not put at the center of any
definition of queer, it allows more freedom for self-identification for, say, black
lesbians to identify as much or more with their race (or any other trait, such as
involvement in an S & M subculture) than with lesbianism. Finally, it incorporates
the insights of poststructuralism about the difficulties in ascribing any essence or
non-historical aspect to identity.

This central move by queer theorists, the claim that the categories through which
identity is understood are all social constructs rather than given to us by nature, opens

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up a number of analytical possibilities. For example, queer theorists examine how

fundamental notions of gender and sex which seem so natural and self-evident to
persons in the modern West are in fact constructed and reinforced through everyday
actions, and that this occurs in ways that privilege heterosexuality

Butler also examined are medical categories, such as ‘inverts’ and intersexuality,
which are themselves socially constructed (Fausto-Sterling, 2000, is an erudite
example of this, although she is not ultimately a queer theorist). Others examine how
language and especially divisions between what is said and what is not said,
corresponding to the dichotomy between ‘closeted’ and ‘out,’ especially in regards
to the modern division of heterosexual/homosexual, structure much of modern
thought268. That is, it is argued that when we look at dichotomies such as
natural/artificial, or masculine/feminine, we find in the background an implicit
reliance upon a very recent, and arbitrary, understanding of the sexual world as split
into two species (Sedgwick, 1990). The fluidity of categories created through queer
theory even opens the possibility of new sorts of histories that examine previously
silent types of affections and relationships269.

Another critical perspective opened up by a queer approach, although certainly

implicit in those just referred to, is especially important. Since most anti-gay and
lesbian arguments rely upon the alleged naturalness of heterosexuality, queer
theorists attempt to show how these categories are themselves deeply social
constructs. An example helps to illustrate the approach. In an essay against gay
marriage, chosen because it is very representative, James Q. Wilson (1996) contends
that gay men have a “great tendency” to be promiscuous. In contrast, he puts forward
loving, monogamous marriage as the natural condition of heterosexuality.
Heterosexuality, in his argument, is an odd combination of something completely
natural yet simultaneously endangered. One is born straight, yet this natural
condition can be subverted by such things as the presence of gay couples, gay
teachers, or even excessive talk about homosexuality. Wilson’s argument requires a
radical disjunction between heterosexuality and homosexuality. If gayness is
radically different, it is legitimate to suppress it. Wilson has the courage to be

268
(Butler, 1990, 1993).
269
(Carter, 2005)

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forthright about this element of his argument; he comes out against “the political
imposition of tolerance” towards gays and lesbians270.

It is a common move in queer theory to bracket, at least temporarily, issues of truth

and falsity (Halperin, 1995). Instead, the analysis focuses on the social function of
discourse. Questions of who counts as an expert and why, and concerns about the
effects of the expert’s discourse are given equal status to questions of the verity of
what is said. This approach reveals that hidden underneath Wilson’s (and other anti-
gay) work is an important epistemological move. Since heterosexuality is the natural
condition, it is a place that is spoken from but not inquired into. In contrast,
homosexuality is the aberration and hence it needs to be studied but it is not an
authoritative place from which one can speak. By virtue of this heterosexual
privilege, Wilson is allowed the voice of the impartial, fair-minded expert. Yet, as
the history section above shows, there are striking discontinuities in understandings
of sexuality, and this is true to the point that, according to queer theorists, we should
not think of sexuality as having any particular nature at all. Through undoing our
infatuation with any specific conception of sexuality, the queer theorist opens space
for marginalized forms of sexuality, and thus of ways of being more generally.

The insistence that we must investigate the ways in which categories such as
sexuality and orientation are created and given power through science and other
cultural mechanisms has made queer theory appealing to scholars in a variety of
disciplines. Historians and sociologists have drawn on it, which is perhaps
unsurprising given the role of historical claims about the social construction of
sexuality. Queer theory has been especially influential in literary studies and feminist
theory, even though the dividing lines between the latter and queer thinking is
contested271. One of the most prominent scholars working in the area of gay and
lesbian issues in constitutional law has also drawn on queer theory to advance his
interrogation of the ways that US law privileges heterosexuality272 Scholars in
postcolonial and racial analyses, ethnography, American studies, and other fields
have drawn on the conceptual tools provided by queer theory.

270
(Wilson, 1996, 35)
271
(see Jagose, 2009; Marinucci, 2010).
272
(Eskridge, 1999).

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Despite its roots in postmodernism and Foucault’s work in particular, queer theory’s
reception in France was initially hostile273. The core texts from the first ‘wave’ of
queer theory, such as Judith Butler’s and Eve Sedgwick’s central works, were slow
to appear in French translation, not coming out until a decade and a half after their
original publication. Doubtless the French republican self-understanding, which is
universalist and often hostile to movements that are multicultural in their bent, was
a factor in the slow and often strenuously resisted importation of queer theoretical
insights. Similarly, queer theory has also been on the margins in German philosophy
and political philosophy. In sum, it is fair to say that queer theory has had a greater
impact in the Anglo-American world.

QUEER CRITICISM
Queer theory, however, has been criticized in a myriad of ways 274, One set of
criticisms comes from theorists who are sympathetic to gay liberation conceived as
a project of radical social change. An initial criticism is that precisely because
‘queer’ does not refer to any specific sexual status or gender object choice, for
example Halperin allows that straight persons may be ‘queer,’ it robs gays and
lesbians of the distinctiveness of what makes them marginal275. It desexualizes
identity, when the issue is precisely about a sexual identity. A related criticism is
that queer theory, since it refuses any essence or reference to standard ideas of
normality, cannot make crucial distinctions. For example, queer theorists usually
argue that one of the advantages of the term ‘queer’ is that it thereby includes
transsexuals, sado-masochists, and other marginalized sexualities. How far does this
extend? Is transgenerational sex (e.g., pedophilia) permissible? Are there any limits
upon the forms of acceptable sado-masochism or fetishism? While some queer
theorists specifically disallow pedophilia, it is an open question whether the theory
has the resources to support such a distinction. Furthermore, some queer theorists
overtly refuse to rule out pedophiles as ‘queer’276. Another criticism is that queer
theory, in part because it typically has recourse to a very technical jargon, is written

273
Eribon, 2004)
274
(Jagose, 1996).
275
Halperin 1995.
276
Halperin, 1995, pg 62.

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by a narrow elite for that narrow elite. It is therefore class biased and also, in practice,
only really referred to at universities and colleges 277.

Queer theory is also criticized by those who reject the desirability of radical social
change. For example, centrist and conservative gays and lesbians have criticized a
queer approach by arguing that it will be “disastrously counter-productive”278. If
‘queer’ keeps its connotation of something perverse and at odds with mainstream
society, which is precisely what most queer theorists want, it would seem to only
validate the attacks upon gays and lesbians made by conservatives. Sullivan (1996)
also criticizes queer theorists for relying upon Foucault’s account of power, which
he argues does not allow for meaningful resistance. It seems likely, however, that
Sullivan’s understanding of Foucault’s notions of power and resistance is misguided.

CONCLUSION

The debates about homosexuality are in part because they often involve public policy
and legal issues, tend to be sharply polarized. Those most concerned with
homosexuality, positively or negatively, are also those most engaged, with natural
law theorists arguing for gays and lesbians having a reduced legal status, and queer
theorists engaged in critique and deconstruction of what they see as a heterosexist
regime. Yet the two do not talk much to one another, but rather ignore or talk past
one another. There are some theorists in the middle. For example, Michael Sandel
takes an Aristotelian approach from which he argues that gay and lesbian
relationships can realize the same goods that heterosexual relationships do (Sandel,
1995). He largely shares the account of important human goods that natural law
theorists have, yet in his evaluation of the worth of same-sex relationships, he is
clearly sympathetic to gay and lesbian concerns. Similarly, Bruce Bawer (1993) and
Andrew Sullivan (1995) have written eloquent defenses of full legal equality for
gays and lesbians, including marriage rights. Yet neither argue for any systematic
reform of broader American culture or politics. In this they are essentially
conservative. Therefore, rather unsurprisingly, these centrists are attacked from both

277
Malinowitz, 1993).
278
(Bawer, 1996, xii)

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sides. Sullivan, for example, has been criticized at length both by queer theorists
(e.g., Phelan, 2001) and natural law theorists (e.g., George, 1999a).

Yet as the foregoing also clearly shows, the policy and legal debates surrounding
homosexuality involve fundamental issues of morality and justice. Perhaps most
centrally of all, they cut to issues of personal identity and self-definition. Hence there
is another, and even deeper, set of reasons for the polarization that marks these
debates.

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CHAPTER FOURTEEN
HOMOSEXUALITY AS A HUMAN RIGHT VERUS
MORALS.
Homosexuality is a complex issue that intersects with both human rights and moral
values. On one hand, it’s considered an aspect of human diversity and a fundamental
part of human sexuality, identity, and relationships. Many scientific studies have
shown that sexual orientation is largely determined by biological factors, such as
genetics and hormones, and is not a choice or a lifestyle and their rights and dignity
are protected by international human rights laws.

On the other hand, homosexuality is often a source of moral controversy, with

different beliefs, norms, and attitudes among cultures and individuals. Some
religious traditions view homosexuality as a sin, a deviation from the divine plan, or
a threat to family values and social stability. Some moral codes consider
homosexuality as immoral, unnatural, or harmful, and advocate for conversion
therapy, discrimination, or even violence against homosexuals.

The majority focus on sex between men, although recently both Botswana and
Malawi have enacted laws criminalizing lesbian sex. Occasionally the laws are
drafted with great precision, but more commonly they use language such as “carnal
knowledge against the order of nature” or “gross indecency”. These are usually
known as moral offences and are justified by reference to tradition, popular opinion,
and public morality.

The relationship between homosexuality and morals is a complex and contentious

issue. Different societies and cultures hold different moral beliefs about
homosexuality, and opinions on the moral status of homosexuality can vary widely.

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HOMOSEXUALITY AS AGAINST MORALITY

The morality of homosexuality has been challenged based on the moral aspect and
values. For instance, Religious and moral objections Opponents of homosexuality
may argue that it is immoral or sinful, based on religious or moral beliefs. For
example, the Bible and the Quran, contain passages that are interpreted as
condemning homosexuality. For example, Leviticus 18:22 states, “Do not have
sexual relations with a man as one does with a woman; that is detestable.” The Quran
as well gives a narrative of Lut’s story which is against homosexuality.

Additionally, religious leaders such as the head of the Anglican Church of Uganda
Archbishop Stephen Kaziimba while condemning the General Synod of the
Church of England postion to support gay marriages by Pope Francis reavealed that
they would stand against the the postion for, in his words, embracing sin by
recognizing homosexuality against God’s wordnd organizations hold the view that
homosexuality is immoral or goes against their religious teachings.

Harm to children: Some opponents of homosexuality argue that children need both
a mother and a father figure in order to develop properly, and that same-sex parenting
can be harmful to their psychological and emotional well-being. For example, the
American College of Pediatricians has stated that “the ideal is for every child to have
a mother and a father,” and that “the family structure that produces the best outcomes
for children is one that has a man and a woman as married parents.”

Public health concerns: Some opponents of homosexuality argue that it poses

public health risks, such as increased rates of sexually transmitted infections or
mental health issues. For example, the Family Research Council, a conservative
Christian group, has argued that “homosexual conduct is associated with numerous
health hazards,” and that promoting LGBT+ lifestyles can lead to negative health
outcomes.

Threat to social stability: Some opponents of homosexuality argue that it poses a

threat to social stability and order, because it challenges traditional values and
beliefs. For example, the World Congress of Families, a conservative group that
opposes LGBT+ rights and equality, has stated that “the so-called ‘sexual
revolution’ of the past half-century has had a profoundly negative impact on family,

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marriage, and child-rearing,” and that “societies that depart from traditional family
values risk harming the social fabric.”

According to Kohlberg’s theory, its proposed that how one interprets the morality
of homosexuality depends upon one’s level of moral development, its argued that
homosexuality is immoral because it violates traditional gender roles and family
structures, and that it goes against the natural order of things. They may also view
homosexuality as a sin or as contrary to religious teachings, and believe that it is a
threat to social stability and morality.

One way to think about the morality of homosexuality is to consider the principles
that underlie moral thinking. For example, some may argue that homosexuality is
moral if it does not harm others, if it respects the autonomy and dignity of
individuals, and if it promotes equality and justice, this is known as private morality.
Others may argue that it is immoral if it goes against natural or religious norms, if it
harms the family or society, or if it undermines traditional values and beliefs and this
is known as public morality.

Ultimately, the moral status of homosexuality is a matter of personal and cultural

beliefs, and it is up to individuals and societies to determine their own moral
frameworks and values.

HOMOSEXUALITY AS A HUMAN RIGHT

Proponents of homosexuality argue that it is not inherently immoral, and that
consensual sexual activity between adults should be a private matter that does not
concern others. They argue that it is a basic human right to be able to express one’s
sexual orientation and to form intimate relationships with whomever one chooses as
considered below.

Equality and Fairness:

Proponents of homosexuality often argue that LGBT+ individuals should have the
same rights and opportunities as everyone else, and that denying them those rights
based on their sexual orientation or gender identity is unjust and discriminatory.
They may point out that discrimination against LGBT+ individuals can lead to

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social, economic, and psychological harm, and that it is morally wrong to treat
people differently based on factors they cannot control.

Autonomy and Personal Freedom:

Proponents of homosexuality argue that individuals have the right to make their own
choices about their bodies and their relationships, and that the state should not
interfere with those choices unless there is harm to others. They may argue that
LGBT+ individuals should be free to express their identities and to form intimate
relationships with whomever they choose, without fear of stigma or persecution.

Respect for diversity and difference: Proponents of homosexuality may argue that
diversity is a fundamental part of human experience, and that LGBT+ individuals
should be celebrated for their unique contributions to society. They may argue that
tolerance and acceptance of difference is a moral imperative, and that efforts to
stigmatize or marginalize LGBT+ individuals are contrary to the principles of
respect and human dignity. For example, The Universal Declaration of Human
Rights Article 1 of the Universal Declaration of Human Rights states that “All
human beings are born free and equal in dignity and rights.” Proponents of
homosexuality may argue that this principle extends to LGBT+ individuals, who
should be treated with the same dignity and respect as everyone else.

Furthermore, other arguments that support the morality of Homosexuality include

research from the American Psychological Association that has stated that
“homosexuality is a normal expression of human sexuality” and that “homosexuality
per se does not constitute a mental disorder.” This supports the argument that
LGBT+ individuals should be free to express their sexual orientation and gender
identity without stigma or discrimination279.

The World Health Organization has also stated that “homosexuality is not a mental
disorder and should not be treated as one.” This supports the argument that LGBT+
individuals should not be subjected to conversion therapy or other harmful practices
aimed at changing their sexual orientation or gender identity.

279
Sexual Orientation & Homosexuality.

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The United Nations Development Programme stated that “homophobia and

discrimination against LGBTI people have a negative impact on social cohesion and
can undermine economic development.”

Its noteworthy that the issue of morality and homosexuality was elaborately
considered in The Wolfenden Report which reflected a theory of the relationship
between criminal law and morality that was first popularized by the political
philosopher J.S. Mill and later by H.L.A. Hart280.

In the words of the Wolfenden Report: “Unless a deliberate attempt be made by

society through the agency of the law to equate the sphere of crime with that of sin,
there must remain a realm of private morality and immorality which is, in brief and
crude terms, not the law’s business”. To put it differently, the function of the criminal
law should be to prevent harm, not to legislate moral values.

The Wolfenden Report marked a turning point as The United Kingdom followed its
recommendations by amending the Sexual Offences Act in 1967. The Report
influenced the American Law Institute’s development of the Model Penal Code
(MPC), which removed homosexuality from its list of offences. The MPC in turn
led many US States to repeal laws that prohibited consensual sodomy.

Excerpts from the Wolfenden Report appeared in the case of Dudgeon v. United
Kingdom281, in which the European Court of Human Rights struck down laws in
Northern Ireland that prohibited all sexual activity between men, on the grounds that
they violated the right to privacy guaranteed by the European Convention for the
Protection of Human Rights and Fundamental Freedoms. The argument was that
Northen Ireland Criminal law constituted unjustified interference with his right to
respect of private life which breached Artice 8 of The European Convention on
Human Rights, The Court found there was breach and an appeal was brought to
The European Court of Human Rights.

The UK Government argued that the Northen Irekand criminal law was justified
based on strong religious affliations in that part of the UK whgich it ought to take
into accont when legislating. It advanced further argument that under paragraph 2 of

280
Report of the Committee on Homosexual Offences and Prostitution, 29 0ct 1957.
281
22 Oct (1981)

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Article 8, there was no breach as such laws were necessary in a democratic society
for the protrection of health and morals.

However, Court didn’t yield to the UK Govermnets arguments and concluded that
the resulting interference with Dudgeon’s private life was a disproportionate way of
addressing the pressing social need claimed by the authorities. It noted that “Mr
Dudgeon suffered unjustified interference with his right to respect to private life
breached”. This holding effectively made legislative repeal mandatory in all Council
of Europe countries.

SIGNIFICANCE OF DUDGEON V UNITED KINGDOM

In response to the judgment, Patricia Hewitt, then general secretary of the National
Council for Civil Liberties (now known as Liberty) and later a Labour MP, urged
the UK Government to initiate a change to the law in Northern Ireland282.

In a written answer on 24 February 1982, the Secretary of State for Northern Ireland
said the UK Government would abide by the Court’s decision. A new draft Order
was laid on 14 July and debated on 25 October 1982. As in 1978, all Northern Irish
MPs were opposed.

The Homosexual Offences (Northern Ireland) Order 1982 brought the law in
Northern Ireland into line with that in England, Wales and Scotland. It fixed the
homosexual age of consent at 21, which was the same as that in Great Britain at that
time, but higher than that for heterosexuals. In the Republic of Ireland, section 11 of
the Criminal Law Amendment Act 1885 remained in force. With Dudgeon v UK
serving as a precedent, in the case of Norris v Ireland, the ECtHR ruled that Irish
law also breached Article 8. This led to the decriminalisation of homosexuality in
1993283.

Internationally, in 1994 the UN Human Rights Committee decided in Toonen v.

Australia held that Tasmania’s sodomy laws violated Articles 17 on privacy and
Article 26 non-discrimination of the International Covenant on Civil and
Political Rights (ICCPR). In so doing, it rejected Tasmania’s public morality
justification. Since Toonen, the Human Rights Committee and other UN treaty

282
https://commonslibrary.parliament.uk/40-years-since-court-case-reformed-same-sex-laws-in-northern-ireland/
283
David Torrance, https://commonslibrary.parliament.uk/

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bodies have repeatedly urged States to decriminalise consensual same-sex sexual

conduct.

Its important to note that change occurs judicially as well as legislatively. Recent
years have witnessed a rise in constitutional challenges to sodomy laws. The cases
presented here show how arguments have been developed in national courts. What
is striking is that almost all of these cases draw heavily on both international human
rights and comparative constitutional law. National courts are engaged in an ongoing
conversation, specifically about same-sex sexual conduct and more generally about
the criminal law’s role in regulating private, consensual and non-harmful conduct.
The following themes are evident in a review of the cases.

LOCUS STANDI (STANDING).

In many of the cases, the unconstitutionality of the law is raised as a defence by the
defendant in a criminal case where by itsvargued that the plaintiff hasn’t suffered
any infringement yet, however this was challenge in different cases for instance in
Hong Kong, India and South Africa, applicants brought challenges based on the
prospective application of the law. Both South Africa and India have liberal standing
doctrines.

In the Hong Kong case of Leung v. Secretary for Justice284, the government argued
that, since the applicant had never been prosecuted under the law in question, he did
not have sufficient interest to challenge it. The court disagreed. If the government’s
view were followed, the applicant would have access to justice only if he broke the
law. In fact, the applicant’s life had already been “seriously affected by the existence
of the legislation in question”.

The Hong Kong court’s reasoning followed the analysis of the European Court of
Human Rights in cases such as Norris v. Ireland and Sutherland v. United
Kingdom285, which both concluded that even unenforced criminal laws interfered
with the applicant’s private life. The Leung Court quoted Sutherland.

“Even though the applicant has not in the event been prosecuted or threatened with
prosecution, the very existence of the legislation directly affected his private life:

284
Constitutional And Administrative Law List No. 160 Of 2004.
285
Norris v. Ireland Application No. 10581/83.

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either he respected the law and refrained from engaging in any prohibited sexual acts
prior to the age of 18 or he committed such acts and thereby became liable to
criminal prosecution.” Similar reasoning was used in Toonen v. Australia286 by the
UN Human Rights Committee, which likewise found a direct and continuous
interference with the applicant’s right to privacy.

In addition to the threat of future prosecution, the European Court in Norris

emphasised present harms experienced by the applicant. The applicant was a victim
within the meaning of Article 25 of the Convention, because the law could be
enforced against him in the future and because, even unenforced, it caused prejudice
and social exclusion. Both the High Court of Delhi in the Naz Foundation and the
Constitutional Court of South Africa in National Coalition for Gay and Lesbian
Equality emphasised the stigmatising effects of the criminal law on gay men. The
law’s “symbolic effect is to state that in the eyes of our legal system all gay men are
criminals”, wrote Justice Ackermann in the majority opinion. In Leung, the Court
of Appeal excerpted Justice Sachs’ description of the case, that it was “about the
status, moral citizenship, and sense of self-worth of a significant section of the
community”. The Hong Kong Court then concluded that, because the case affected
“the dignity of a section of society in a significant way”, the applicant had sufficient
interest to bring his claim.

Note, however, that this perspective on standing is not universal. In Tan Eng Hong
v. Attorney General287, the High Court of the Republic of Singapore held that,
although the applicant satisfied the “substantial interest” test, meaning he had an
actual interest in the outcome, he failed to meet the “real controversy” requirement.
There could be no “real contest of the legal rights,” as required by case law in
Singapore, because the original charges against the applicant had been dismissed
and he had in fact pleaded guilty to another offence.

286
Communication No. 488/1992.
287
[2012] SGCA 45.

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CHAPTER FIFTEEN
POSITION OF GOVERNMENTAL INSTITUTIONS.
In the South Africa and Fiji cases, national human rights institutions intervened on
the side of the claimants. In the Naz Foundation case, the government of India
adopted two different positions: The Ministry of Home Affairs supported the
constitutionality of the law and the Ministry of Health & Family Welfare argued that
Section 377 hindered HIV/AIDS prevention efforts. These apparently contradictory
responses on the part of government (or government-affiliated institutions) recall the
government positions in both Dudgeon and Toonen. (supra) In Dudgeon, the
sodomy laws had already been repealed in England, Wales, and Scotland. Northern
Ireland’s laws were thus in contrast to those applying elsewhere on the United
Kingdom. In Toonen, the federal government of Australia did not oppose the
challenge to the criminal laws of Tasmania.

In the US case of Lawrence v. Texas288, although there was no federal government

position, the number of States with sodomy laws had dropped by half since Bowers,
signalling some degree of State acceptance. The Supreme Court ruled that most
sanctions of criminal punishement for consensual, adult non-protective sexual
activity commonly reffered to as sodomy laws are unconstitutional. The right to
privacy was reaffirmed based on the need of non-interference with private life sexual
decisions. The right to privacy is briefly considered below.

PRIVACY.
The right to privacy is protected by Article 17 of the ICCPR as well as by many
domestic constitutions. In some countries that lack an express privacy provision,
such as India and the United States, the right has been inferred from other
constitutional guarantees concerning life and liberty.

288
539 U.S. 558 (2003)

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Both legislative reforms, inspired by the Wolfenden Report, and decisions of the UN
Human Rights Committee and the European Court of Human Rights, were premised
on the right to privacy and the related concept of autonomous decision-making.
Thus, in Toonen the Human Rights Committee observed that it was “undisputed that
adult consensual sexual activity in private” is covered by the concept of privacy,
while in Dudgeon and its progeny, Norris v. Ireland (supra) the European Court
reached the same conclusion in respect of Article 8 of the European Convention.

The US Supreme Court case of Bowers v. Hardwick289, also dealt exclusively with
the case as a question of privacy. Later cases, however, have examined equality and
non-discrimination aspects in addition to privacy. In National Coalition, Naz
Foundation290, Nadan & McCoskar v. State291, and Lawrence (Justice
O’Connor’s concurrence), both are considered. Because the Hong Kong cases
included here challenge differential age of consent (Leung) and difference in
treatment for public sexual activity (Yau), the judicial analyses focused on equality
and discrimination arguments.

In cases striking down sodomy laws, privacy is about more than protection for
physical spaces, such as the home. In the words of Justice Kennedy’s opinion for the
court in Lawrence:

Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that
includes freedom of thought, belief, expression, and certain intimate conduct. The
instant case involves the liberty of the person both in its spatial and in its more
transcendent dimensions.

In National Coalition, both the majority and concurring opinions emphasised that
privacy involved space for private decisions about personal relationships. Justice
Ackermann wrote: “Privacy recognises that we all have a right to a sphere of private
intimacy and autonomy which allows us to establish and nurture human relationships
without interference from the outside community. The way in which we give
expression to our sexuality is at the core of this area of private intimacy.” Justice
Sachs wrote that the right to privacy is based on “the notion of what is necessary to

289
(1986) (overruled by Lawrence in 2003)
290
Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277 (Delhi High Court 2009).
291

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have one’s autonomous identity . . . What is crucial is the nature of the activity, not
its site”.

In Banana v State of Zimbabwe292, the Supreme Court of Zimbabwe rejected any

such right to privacy under the Constitution. According to the court, the Constitution
guaranteed only protection from arbitrary search or entry and had “nothing whatever
to do with whether or not consensual sodomy is a crime”. Privacy was not addressed
in the Botswana case of Kanane v. State293.

Right to Equality. Equality arguments arise under both non-discrimination and

equal protection of the law guarantees. These rights are closely related. The principle
of equality requires that persons who are equally situated are treated equally. Failure
in this regard will amount to discrimination unless an objective and reasonable
justification exists.

The right to non-discrimination was not considered by the European Court in

Dudgeon, but in the 1999 case of Salgueiro da Silva Mouta v. Portugal 294the Court
held that sexual orientation is a concept “undoubtedly” covered by the open-ended
grounds of prohibited discrimination listed in Article 14 of the European
Convention. Human Rights Committee jurisprudence includes sexual orientation
under Article 26 of the ICCPR. A case in point is South Africa were both the
interim Constitution and the 1996 Constitution include sexual orientation as a
prohibited ground of discrimination, making South Africa the first country in the
world to include such a textual provision.

In Kanane and Banana, the courts rejected challenges to the law based on non-
discrimination. Section 23 of the Constitution of Zimbabwe and Section 15 of the
Constitution of Botswana both enshrine the right to be free from discrimination on
the basis of certain enumerated grounds. Sexual orientation is not among them. Both
courts held that their constitutions did not include “sexual orientation” as a
prohibited ground, although in Botswana the court had earlier found the list of
discriminatory grounds to be illustrative and not exhaustive.

292
[2000] 4 LRC 621
293
2003 (2) BLR 67 (CA)
294
(Application no. 33290/96)

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In Kanane, the Botswana Court of Appeal noted that the “public interest must . . .
always be a factor in the court’s consideration of legislation particularly where such
legislation reflects a public concern”. It concluded that: “The time has not yet arrived
to decriminalise homosexual practices even between consenting adult males in
private. Gay men and women do not represent a group or class which at this stage
has been shown to require protection under the Constitution.” Conversely, the Delhi
High Court held that “sexual orientation” was an analogous ground to sex under
Article 15 of the Indian Constitution, which protects against discrimination on
several enumerated grounds. In reaching this conclusion it relied on the reasoning of
the Human Rights Committee in Toonen as well as the Canadian Supreme Court in
Egan v. Canada295.

The American and Indian constitutions do not list specified grounds under their
equal protection clauses. As the Delhi High Court explained: “Article 15 is an
instance and particular application of the right of equality which is generally stated
in Article 14”. Equal protection jurisprudence in both countries requires that a
classification drawn by law be rationally related to a legitimate State interest. In her
concurrence on equal protection grounds in Lawrence, Justice O’Connor rejected
public morality as a justification for the law.

Accordingly, In Naz Foundation v Government of NCT of New Delhi296, the court

also found that public morality is not a legitimate State interest and held that,
although protection of public health was a legitimate State interest, the law at issue
was not rationally connected to this legislative end. Similar reasoning regarding the
protection of public health was used by the Human Rights Committee in Toonen.

In Yau, in order to meet the justifications test, the government argued that there was
a genuine need for differential treatment and that this was established by the fact that
the legislature had enacted the law. The court disagreed, saying that a genuine need
for differential treatment could not be established from the mere act of legislative
enactment. Therefore, the law failed at the first stage of the test.

Its important to note that laws can be discriminatory even if they are written in
neutral terms. In Leung TC William Roy v Secretary for Justice297, the law in

295
(25 May 1995)
296
160 Delhi Law Times 277.
297
[2005] 3 HKLRD 657 (CFI), [2006] 4 HKLRD.

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question imposed a higher age of consent for all acts of anal sex, regardless of
whether the partners were of the same or opposite sex. The Court of Appeal,
adopting the reasoning of the lower court, found that anal and vaginal sex were
equivalent and therefore it was discriminatory to impose a higher age of consent on
the former than the latter.

Court stated that “Denying persons of a minority class the right to sexual expression
in the only way available to them, even if that way is denied to all, remains
discriminatory when persons of a majority class are permitted the right to sexual
expression in a way natural to them.” This brings out the concern of public morality
as considered below.

PUBLIC MORALITY.
When a constitutional right is infringed, courts engage in a similar proportionality
analysis. (See, for examples, Section 36(1) of the Constitution of South Africa and
Section 37 of the Constitution of Fiji.) In the Hong Kong Court of Appeal stated
in Leung: “Any restriction on a constitutional right can only be justified if (a) it is
rationally connected to a legitimate purpose and (b) the means used to restrict that
right must be no more than is necessary to accomplish the legitimate purpose in
question”.

In American equal protection jurisprudence, this is known as rational basis review.

A law will be sustained if the classification drawn by the statute is rationally related
to a legitimate State interest. Laws that infringe fundamental rights such as privacy
are subjected to a higher standard of review in both India and the USA.

The chief justification advanced for laws criminalising same-sex sexual conduct is
that they protect and preserve public morality. The legitimacy of public morality,
sometimes characterised by courts as popular opinion on matters of sexual morality,
was dispositive in the Kanane and Banana cases.

In Kanane v State of Botswana298, the Court found “no evidence that the approach
and attitude of society in Botswana to the question of homosexuality and to
homosexual practices by gay men and women requires a decriminalisation of those

298
(30 July 2003)

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practices, even to the extent of consensual acts by adult males in private”. In Banana,
the majority opinion of the Supreme Court of Zimbabwe stated: “I do not believe
that this court, lacking the democratic credentials of a properly elected parliament,
should strain to place a sexually liberal interpretation on the Constitution of a
country whose social norms and values in such matters tend to be conservative”.
Chief Justice Gubbay disagreed. In his dissent he wrote: “In my view, the
criminalisation of anal sexual intercourse between consenting adult males in private,
if indeed it has any discernable objective other than the enforcement of private moral
opinions of a section of the community (which I do not regard as valid), is far
outweighed by the harmful and prejudicial impact it has on gay men”.

In Nadan & McCoskar, the Court appeared to accept that public morality was a
legitimate State interest but found that it failed the proportionality test, given the
importance of the rights involved. In the Dudgeon line of cases, the European Court
likewise accepted that public morality was a permissible reason for limiting the right
to privacy. However, since the laws were rarely enforced and interfered with a “most
intimate aspect of private life”, they were neither necessary for achieving this goal
nor proportional.

In Naz Foundation, National Coalition for Gay and Lesbian Equality and Lawrence,
the courts rejected the public morality rationale. According to Justice O’Connor:
“Moral disapproval of a group cannot be a legitimate State interest under the Equal
Protection Clause because legal classifications must not be drawn for the purpose of
disadvantaging the group burdened by the law. Texas’ invocation of moral
disapproval as a legitimate State interest proves nothing more than Texas’ desire to
criminalise homosexual sodomy. But the Equal Protection Clause prevents a State
from creating a classification of persons undertaken for its own sake.” In Naz
Foundation, after discussing Lawrence, Dudgeon, Norris, and the National Coalition
cases, the Delhi Court held: “Moral indignation, howsoever strong, is not a valid
basis for overriding individual’s fundamental rights of dignity and privacy”.

All three courts viewed public morality as a pretext for animus. Thus, in National
Coalition, Justice Ackermann said that “private moral views” were based “to a large
extent on nothing more than prejudice”. In Lawrence v Texa (supra), Justice
O’Connor wrote: Because Texas so rarely enforces its sodomy law as applied to
private, consensual acts, the law serves more as a statement of dislike and

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disapproval against homosexuals than as a tool to stop criminal behavior. Based on

such comments, Texas sodomy law raises the inevitable inference that the
disadvantage imposed is born of animosity toward the class of persons affected.”

The Delhi High Court, rejecting the public morality rationale, stated: “Section 377
IPC targets the homosexual community as a class and is motivated by an animus
towards this vulnerable class of people”. Chief Justice Gubbay raised a similar
concern in his dissent in Banana v State of Zimbabwe, (supra) suggesting that the
belief that homosexuality was immoral might in fact be the result of prejudice.

In South Africa and in India, the courts clarified that the rejection of “public
morality” was not a rejection of normative values. The South African court recalled
the “political morality” of the constitution, and the Indian court made reference to
“constitutional morality”. In both countries, the constitutions explicitly value
diversity. As the Naz Court explained: “If there is one constitutional tenet that can
be said to be the underlying theme of the Indian Constitution, it is that of
inclusiveness”.

This collection of decriminalisation decisions from almost all regions of the world
demonstrates the increasing use of both international and comparative law to
interpret constitutional principles of privacy and non-discrimination.

Where courts sustain sodomy laws, as in the Kanane and Banana cases as well as
the overruled US case of Bowers v. Hardwick, it appears to be because the courts
rely on a certain theory of criminal law and, as well, have a narrow view of their
institutional role. Accordingly, a court that accepts that public morality alone is
sufficient justification for a criminal law is more likely to uphold a sodomy law
against constitutional attack and a Court that views its role as deferential to
parliament is less likely to act and to safeguard individual rights from majority
opinion.

In conclusion, the debate surrounding homosexuality as a human right versus the

morality of homosexuality is a complex and contentious issue that has been the
subject of much debate and discussion. While some individuals may argue that
homosexuality is immoral, others argue that all individuals have the right to live their
life free from discrimination and persecution, and that human rights must be upheld
for all. It is important to recognize and respect the diversity of opinions and

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perspectives on this issue, while also acknowledging the importance of protecting

human rights and promoting equality for all individuals, the cultural values shouldn’t
be eroded.

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CHAPTER SIXTEEN
INTERNATIONAL CONVENTIONS ON
HOMOSEXUALITY.
International human rights laws and treaties provide a framework for protecting the
rights of homosexuals and promoting their equal dignity and freedoms. Some of the
key provisions that support homosexuality rights include:

The European Convention on Human Right` The European Convention on

Human Rights (ECHR) (formally the Convention for the Protection of Human
Rights and Fundamental Freedoms) is an international treaty to protect human rights
and fundamental freedoms in Europe.

Article 8 of the European Convention on Human Rights provides a right to respect

for one's "private and family life, his home and his correspondence", subject to
certain restrictions that are "in accordance with law" and "necessary in a democratic
society. This was considered in the case of Dudgeon v United Kingdom299 where
The European Commission on Human Rights concluded that the resulting
interference with Dudgeon’s private life was a disproportionate way of addressing
the “pressing social need” claimed for the criminal law in Northern Ireland. By a
majority of 15 to 4, the Court concluded that: Mr. Dudgeon suffered unjustified
interference with his right to respect for his private life.

In the case of Sidiropoulos and Others v. Greece300, the European Court of Human
Rights held that: ‘‘The Court points out that the right to form an association is an
inherent part of the right set forth in Article 11, even if that Article only makes
express reference to the right to form trade unions. That citizens should be able to
form a legal entity in order to act collectively in a field of mutual interest is one of

299
(1981)
300
(1997)

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the most important aspects of the right to freedom of association, without which that
right would be deprived of any meaning.

The way in which national legislation enshrines this freedom and its practical
application by the authorities reveal the state of democracy in the country concerned.
Certainly, States have a right to satisfy themselves that an association’s aim and
activities are in conformity with the rules laid down in Legislation, but they must do
so in a manner compatible with their obligations under the Convention and subject
to review by the Convention institutions’’.

Furthermore, the Supreme Court of Canada in the case of R. v Oakes301 developed

principles for consideration when determining whether a limitation of a right is
justifiable, namely; there hasto be a pressing and substantial objective for the law or
government’s action and the means chosen to achieve the objective must be
proportional to the burden on the rights of the claimant; c) the objective must be
rationally connected to the limit on the Charter right; d) the limitation must
minimally impair the Charter right; and d) there should be an overall balance or
proportionality between the benefits of the limit and its deleterious effects.

Universal Declaration of Human Rights (UDHR):

According to Article 2 of The Universal Declaration of Human Rights (UDHR),

All human beings are born free and equal in dignity and rights, this prohibits
discrimination on the basis of “race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status.” These provisions
have been interpreted by the United Nations and other international bodies to include
sexual orientation and gender identity as protected grounds of discrimination.

According to Article 19 Everyone has the right to freedom of opinion and

expression; this right includes freedom to hold opinions without and to seek, receive
and impart information and ideas trough any media and regardless of frontiers. This
extends to forming associations whether sexual oriented or not, as such LGBTQIA+
organs under this Article have a right to associate with effect that any limitation is
legally struck at, A case in point is Zhdanov and Others vs. Russia302 where The
European Court of Human Rights found that the Russian courts’ decisions refusing
301
[1986] 1 S.C.R 103.
302
Application No. 12200/08, 35949/11 and 58282/12

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registration had interfered with the freedom of association of the applicant

organizations and their founders or presidents, the individual applicants. The Court
was not convinced that refusing to register the organizations had pursued the
legitimate aims of protecting morals, national security and public safety, and the
rights and freedoms of others. The only legitimate aim put forward by the authorities
for the interference, which the Court assumed to be relevant in the circumstances,
was the prevention of hatred and enmity, which could lead to disorder. In particular,
the authorities believed that the majority of Russians disapproved of homosexuality
and that therefore the applicants could become the victims of aggression.

INTERNATIONAL COVENANT ON CIVIL AND

POLITICAL RIGHTS (ICCPR)
It guarantees the right to equality and non-discrimination, while Article 17 protects
the right to privacy, which includes the right to form consensual relationships with
other adults without interference from the state or society. The United Nations
Human Rights Committee has also stated that laws criminalizing homosexuality
violate the ICCPR.

A case in point is NAZ foundation v Govt. of NCT of Delhi 303 where the gays
right to privacy in consideration of Article 17 of the ICCPR held that everyone was
entitled to a right of privacy in respect of his private life. Court noted that the sphere
of privacy allows persons to develop human relations without interference from the
outside community or from the State.

Article 2, paragraph 1, of The International Covenant on Civil and Political

Rights (ICCPR) obligates each State party to respect and ensure to all persons
within its territory and subject to its jurisdiction the rights recognized in the
Covenant without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth, or other
status. Article 26 of the ICCPR not only entitles all persons to equality before the
law as well as equal protection of the law but also prohibits any discrimination under
the law and guarantees to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political

303
Naz Foundation v. Govt. of NCT of Delhi, 160 Delhi Law Times 277 (Delhi High Court 2009)

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or other opinion, national or social origin and property. This was applied by The
Kenyan Supreme Court in the case of NGO Co-ordination Board v Eric Giatari304
by finding that the respondent was discriminated which was a breach of the cited
legal instrument.

According to the Siracusa Principles on the Limitation and Derogation

Provision in the International Covenant on Civil and Political Rights, clause 3
and 4 in the General Interpretative principles relating to the justification of
limitations section, provides that “all limitations shall be interpreted strictly and in
favour of the right issue and in the light and context concerned.” The burden of
justifying a limitation upon a right guaranteed under ICCPR lies with the State as
per the Supreme Court in NGOs CO-ORDINATION BOARD vs ERIC GITARI
& 5 OTHERS305

In S v Makwanyane and another306, Chaskalson, P. observed in his lead opinion

at paras 103 & 104 that ‘‘The criteria prescribed by section 33(1) for any limitation
of the rights contained in section 11(2) are that the limitation must be justifiable in
an open and democratic society based on the freedom of equality, it must be both
reasonable and necessary and it must not negate the essential content of the
right........The limitation of constitutional rights for a purpose that is reasonable and
necessary in a democratic society involves the weighing up of competing values, and
ultimately an assessment based on proportionality. ...... The fact that different rights
have different implications for democracy, and in the case of our Constitution, for
'an open and democratic society based on freedom and equality', means that there is
no absolute standard which can be laid down for determining reasonableness and
necessity. Principles can be established, but the application of those principles to
particular circumstances can only be done on a case-by-case basis.

This is inherent in the requirement of proportionality, which calls for the balancing
of different interests. In the balancing process, the relevant considerations will
include the nature of the right that is limited, and its importance to an open and
democratic society based on freedom and equality; the purpose for which the right
is limited and the importance of that purpose to such a society; the extent of the

304
SC Petition No.16 0f 2019.
305
SC PetitionNo.16 0f 2019.
306
(CCT3/94) [1995] ZACC 3; 1995 (6) BCLR 665; 1995 (3) SA 391; [1996] 2 CHRLD 164; 1995 (2) SACR 1

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limitation, its efficacy, and particularly where the limitation has to be necessary,
whether the desired ends could reasonably be achieved through other means less
damaging to the right question’’.

The African Charter on Human and People’s Rights

The Supreme Court in NGO Co-ordination Board v Eric Gitari (supra) cited
Article 2 which provides that every person shall be entitled to the enjoyment of the
rights and freedoms recognized and guaranteed in the Charter without distinction of
any kind such as race, ethnic group, colour, sex, language, religion, political or any
other opinion, national and social origin, fortune, birth, or other status. It was
accordingly held by majority that LGBTQIA+ just likr any other person is entitled
to these rights and protecetion.

THE ONTARIO HUMAN RIGHTS COMMISSION,

theGlossary of Human Rights Terms, Sexual orientation is defined as the direction
of one's sexual interest or attraction. It is a personal characteristic that forms part of
who one is. It covers the range of human sexuality from lesbian and gay, to bisexual
and heterosexual. The UK Equality Act 2010, at Section 12 defines sexual
orientation to mean a person’s orientation towards persons of the samesex, persons
of the opposite sex, or persons of either sex. In relation to the protected characteristic
of sexual orientation, a reference to a person who has a particular protected
characteristic is a reference to a person who is of a particular sexual orientation; or
a reference to persons who share a protected characteristic is a reference to persons
who are of the same sexual orientation.

THE UNITED KINGDOM EQUALITY ACT.

Other than the UK Equality Act, most international legal instruments do not
expressly provide for the right not to be discriminated on the basis of one’ sexual
orientation. However, in that regard, The European Court of Human Rights in the
case of Salgueiro da Silva Mouta v. Portugal, ruled that a person’s sexual
orientation is a concept which is undoubtedly covered under Article 14 of the
European Charter on Human Rights which provides for enjoyment of the rights
set forth in the Convention without discrimination on any ground such as sex, race,
colour, language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth, or other status.
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In Toonen v Australia307, the Human Rights Committee observed that; ‘‘in its view
the reference to "sex" in articles 2, paragraph 1, and 26 is to be taken as including
sexual orientation’’.

Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment (CAT):
The CAT prohibits torture and other forms of cruel, inhuman, or degrading treatment
or punishment, which includes conversion therapy, forced sterilization, and other
forms of violence or discrimination based on sexual orientation or gender identity.

UNITED NATIONS GENERAL ASSEMBLY: Resolution on Declaration on the

Right and Responsibility of Individuals, Groups and Ogarns of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms. 8th
March 1999.

Article 1 establishes that Everyone has the right, individually and in association with
others, to promote and to strive for the protection and realization of human rights
and fundamental freedoms at the national and international levels.

Article 2 places a responsibility and duty on Each State to protect, promote and
implement all human rights and fundamental freedoms, inter alia, by adopting such
steps as may be necessary to create all conditions necessary in the social, economic,
political and other fields, as well as the legal guarantees required to ensure that all
persons under its jurisdiction, individually and in association with others, are able to
enjoy all those rights and freedoms in practice. 2. Each State shall adopt such
legislative, administrative and other steps as may be necessary to ensure that the
rights and freedoms referred to in the present Declaration are effectively guaranteed.

Article 3 requires Domestic law to be consistent with the Charter of the United
Nations and other international obligations of the State in the field of human rights
and fundamental freedoms is the juridical framework within which human rights and
fundamental freedoms should be implemented and enjoyed and within which all

307
Communication No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994),

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activities referred to in the present Declaration for the promotion, protection and
effective realization of those rights and freedoms should be conducted.

Article 4 establishes that the Declaration shall be interpreted to work hand in hand
with other principles of the Charter of the United Nations and not restrict or derogate
from the provisions of the International Conventions.

Convention on the Elimination of All Forms of Discrimination against Women

(CEDAW) This prohibits discrimination against women, including discrimination
based on sexual orientation and gender identity. The Committee on the Elimination
of Discrimination against Women has also recognized the intersectional
discrimination faced by LGBT+ women and girls.

Yogyakarta Principles:

The Yogyakarta Principles is a set of principles on the application of international

human rights law in relation to sexual orientation and gender identity. They outline
the obligations of states to protect, respect, and fulfill the rights of LGBT+ people,
including the right to non-discrimination, privacy, family, health, education, work,
and participation in public life.

These provisions and principles provide a legal and moral basis for protecting the
rights of LGBTQIA+ people and advancing their inclusion and equality in society.
However, their implementation and enforcement remain a challenge in many
countries, where LGBT+ people face discrimination, violence, and persecution.

Furthermore, there have been cases that support the claim of homosexuality as a
human right. In many countries, courts have interpreted national constitutions and
laws to protect the rights of LGBT+ people. For example, in India, the Supreme
Court struck down Section 377 of the Indian Penal Code, a colonial-era law that
criminalized homosexual activity, as unconstitutional unconstitutional in 2018,
recognizing the right to equality, privacy, and dignity of LGBT+ people.

Similarly, in the United States, the Supreme Court has recognized the right to same-
sex marriage and struck down discriminatory laws against LGBT+ people in various
cases. In the case of Obergefell v. Hodges308, the U.S. Supreme Court recognized

308
576 U.S 644 (2015)

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the constitutional right to same-sex marriage, holding that the Constitution

guarantees the right to marry as a fundamental right.

The United Nations in 2011, the United Nations High Commissioner for Human
Rights released a report titled “Discriminatory Laws and Practices and Acts of
Violence Against Individuals Based on Their Sexual Orientation and Gender
Identity,” which outlines the legal and moral arguments supporting the protection of
LGBT+ rights and provides recommendations for states and other actors to promote
and protect these rights.

In the European Union the European Parliament adopted a resolution in 2019 on the
situation of LGBTI rights in the EU, which calls on EU member states to adopt laws
that prohibit discrimination based on sexual orientation and gender identity, to
provide legal recognition and protection for same-sex relationships, and to combat
hate speech and violence against LGBT+ people.

In addition to international human rights treaties, many regions have their own
human rights systems that protect the rights of LGBT+ people. For example, in
Europe the European Convention on Human Rights has been used to challenge
discrimination against LGBT+ people in various cases, such as the case of (2017
Bayev and Others v. Russia), in which the European Court of Human Rights held
that Russia’s “anti-propaganda law” violated the freedom of expression and non-
discrimination rights of LGBT+ individuals and activists.

In America the Inter-American Commission on Human Rights has issued reports

and recommendations on the rights of LGBT+ people, such as its 2015 report on
“Violence against Lesbian, Gay, Bisexual, Trans, and Intersex Persons in the
Americas,” which calls on states to protect the rights of LGBT+ people and to
investigate and prosecute acts of violence and discrimination against them.

In Africa the African Commission on Human and Peoples’ Rights has recognized
the rights of LGBT+ people in various decisions, such as the case of Toonen v.
Australia, in which the commission held that criminalizing homosexual activity
violates the right to privacy and non-discrimination under the African Charter on
Human and Peoples’ Rights. However, many African countries still have laws that
criminalize homosexual activity and discriminate against LGBT+ people.

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These law sources demonstrate the growing recognition of homosexuality as a

human right and the importance of protecting the rights and dignity of LGBT+
people. However, there is still a long way to go in ensuring that these rights are fully
realized and respected in practice, especially in countries where discrimination and
violence against LGBT+ people are prevalent.

However, there are still many circumstances where the law does not support
homosexuality as a human right. Criminalization of homosexuality: In many
countries, homosexual activity is still criminalized, often under colonial-era laws
that have not been repealed. For example, In Nigeria, same-sex sexual activity is
illegal under the Same-Sex Marriage (Prohibition) Act of 2013, which imposes
penalties of up to 14 years in prison for anyone who enters into a same-sex marriage
or civil union, or who “witnesses, abets or aids” a same-sex relationship. In Uganda,
same-sex sexual activity is illegal under the Penal Code Act Cap 120.

DISCRIMINATION:
Even in countries where homosexual activity is not criminalized, LGBT+
individuals may still face discrimination in various areas of life, such as
employment, housing, and education. For example, in Russia, a 2013 law bans
“propaganda of nontraditional sexual relations” among minors, effectively
criminalizing any public expression of LGBT+ identities or relationships. This law
has been used to justify censorship and harassment of LGBT+ individuals and
organizations.

In the United states while same-sex marriage is legal, LGBT+ individuals still face
discrimination in various areas, such as employment and housing. In many states,
there are no explicit laws protecting LGBT+ individuals from discrimination, and
the Supreme Court has recently heard cases that could limit the scope of anti-
discrimination protections under federal law.

These examples demonstrate that while there has been progress in recognizing
homosexuality as a human right, there is still much work to be done to ensure that
all individuals are treated equally and with dignity, regardless of their sexual
orientation or gender identity.

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CHAPTER SEVENTEEN
RELIGIOUS INTERPRETATION
The relationship between religion and homosexuality has varied greatly across time
and place, within and between different religions and denominations, with regard to
different forms of homosexuality and bisexuality. The present-day doctrines of the
world's major religions and their denominations differ in their attitudes toward these
sexual orientations. Adherence to anti-gay religious beliefs and communities is
correlated with the prevalence of emotional distress and suicidality in sexual
minority individuals.
According to Rodrigueuz, the last 10 years have been witnessed with conflict
between lesbian, gay, bisexual, transgender, (LGBTQ) activists and religious groups
which has escalated alarmingly in the United States and elsewhere in the world 309.
In one study, 72% of Christian organizations condemned homosexuals and labeled
homosexuality an abomination310. At the same time, same-sex attraction and
religiosity has also become a more common source of conflict within individuals.
Weiss, Iverson, & Kipke, 2009.
Traditional religious beliefs are often considered directly in conflict with
homosexual behavior and, in some cases, even with mere attraction to the same sex,
the roots of the conflict are plain311. In many religions, scripture and doctrine are
interpreted to strictly prohibit any form of homosexuality312. The tension between an
individual’s religious and homosexual thoughts, feelings, or actions can result in
stress, depression, continual fear of damnation, low self-esteem, and feelings of
worthlessness313
Among the religious denominations which generally reject these orientations, there
are many different types of opposition, ranging from quietly discouraging

309
Homosexuality and Religion: The Conflict," Intuition: The BYU Undergraduate Journal of Psychology: Vol. 11 :
Iss.2 , Article 8.
310
(Herek, Kimmel, Amaro & Melton, 1991
311
Yarhouse & Tan, 2005.
312
Kubicek et al., 2009; Yarhouse & Tan, 2005.
313
(Barton, 2010; Kubicek et al., 2009)

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homosexual activity, explicitly forbidding same-sex sexual practices among their

adherents and actively opposing social acceptance of homosexuality, supporting
criminal sanctions up to capital punishment to the extent of condoning extrajudicial
killings as ways of punishment.
Religious fundamentalism often correlates with anti-homosexual bias.
Psychological research has connected religiosity with homophobic attitudes and
physical antigay hostility, and has traced religious opposition to gay adoption to
collectivistic values (loyalty, authority, purity) and low flexibility in existential
issues, rather than to high prosocial inclinations for the weak. Attitudes toward
homosexuality have been found to be determined not only by personal religious
beliefs, but by the interaction of those beliefs with the predominant national religious
context—even for people who are less religious or who do not share their local
dominant religious context. Many argue that it is homosexual actions which are
sinful, rather than same-sex attraction itself. To this end, some discourage labeling
individuals according to sexual orientation.
Religious opposition to homosexuality stems from many sources, Religious texts
such as the Bible and Quran directly forbid homosexual activity hence creating the
basis for tension between traditional religion and homosexuality. Most religious
teachings focus on how people should act.
Another facet of inner conflict often expressed by religious LGBTQ indivuals is best
categorized as pressure from other people of faith, whether of their own faith or
another faith. Its noteworthy that many Christians who speak out about their faith
are not hesitant to decalare their belief that those who identify as homosexuals are
sinners. According to Burton, Many LGTBTQIA individuals report having been
criticized or yelled at during church services. One of the participants stated “You
wish that you could go to church sometimes and not be afraid of just being told being
told what a horrible person you are’.

CHRISTIANITY.
Christian denominations hold a variety of views on homosexual activity, ranging
from outright condemnation to partial acceptance in a few sects. Throughout the
majority of Christian history, most Christian theologians and denominations have
considered homosexual behavior as immoral or sinful Most Christian denominations
welcome people attracted to the same sex, but teach that homosexual acts are sinful.
These denominations include the Roman Catholic Church, the Eastern Orthodox

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church, the Oriental Orthodox churches, Confessional Lutheran denominations such

as the Lutheran Church–Missouri Synod and the Wisconsin Evangelical Lutheran
Synod the United Methodist Church and some other mainline denominations, such
as the Reformed Church in America and the American Baptist Church as well as
Conservative Evangelical organizations and churches, such as the Evangelical
Alliance and fundamentalist groups and churches, such as the Southern Baptist
Convention. Pentecostal churches such as the Assemblies of God as well as
Restorations churches, like Iglesia ni Cristo, the Jehovah's Witnesses and the Church
of Jesus Christ of Latter-day Saints, also take the position that homosexual sexual
activity is sinful.
To most Christians, the mere suggestion that homosexuality and Christianity can be
compatible is absurd. Adamczyk and Pitt found that many Christians considered
the growing acceptance of homosexuality a threat to their faith and felt the need to
defend it aggressively. Such passion about doctrinal truth can turn religious
LGBTQIA+ into targets.
Conservative denominations generally oppose same-sex sexual relations based on
Old Testament and New Testament texts that describe human sexual relations as
strictly heterosexual by God's design. As such, it is argued that sexual desires and
actions that contradict God's design are deemed sinful and are condemned by God
(e.g. Leviticus 18:22; cf. Leviticus 20:13. Since love does not rejoice in
unrighteousness or iniquity (cf. 1 Corinthians 13:6), and since homosexual desires
and actions are believed to remain contrary to God's design and condemned by God
as sinful/iniquity (e.g. in general, Romans 126-27 passively, 1 Corinthians 6:96:9
actively, including but not limited to pederasty, 1 Corinthians 6:9; 1 Timothy 1:9-
11 considered sexually immoral, Galatians 5:19-21 Colossian 3:5-7; Ephesians 5:3,
adherents of conservative denominations believe that genuine love for God and
humanity is best expressed by following God rather than the world (Acts 5:29;[75] cf.
Jeremiah 23:1-40;[76] Romans 12:9[77]).
Other Passages from the Mosaic Covenant and its broader Old Testament context
have been interpreted to mean that anyone who is engaging in homosexual practices
should be punished with death Leviticus 20:13;[49] cf. Genesis 19:4–25;[50] Judges
19:22–20:48;[51] 2 Peter 2:6–10;[52] Jude 7).[53] HIV/AIDS has also been portrayed
by some Christian fundamentalists such as Fred Phelps and Jerry Falwell as a
punishment by God against homosexuals.[54]

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In the 20th century, theologians like Karl Barth, Jürgen Moltmann, Hans Küng, John
Robinson, Bishop David Jenkins, Don Cupitt, and Bishop Jack Spong challenged
traditional theological positions and understandings of the Bible; following these
developments some have suggested that passages have been mistranslated, are taken
out of context, or that they do not refer to what is generally understood as
"homosexuality."
However Liberal Christians are generally supportive of homosexuals. Some
Christian denominations do not view monogamous same sex relationships as bad or
evil These include the United Church of Canada, the United Church of Christ314, the
Episcopal Church, the Presbyterian Church (U.S.A, the churches of the Old Catholic
Union of Utrecht, the Evangelical Lutheran Church in America the Evangelical
Lutheran Church in Canada, the Church of Sweden, the Lutheran, reformed and
united churches in Evangelical Church of Germany, the Church of Denmark, the
Icelandic Church, the Church of Norway and the Protestant Church of the
Netherlands. In particular, the Metropolitan Community Church a denomination of
40,000 members, was founded specifically to serve the Christian LGBT community,
and is devoted to being open and affirming to LGBTQIA+ people.
The United Church of Christ and the Alliance of Baptists also condone gay
marriage, and some parts of the Anglican and Lutheran churches allow for the
blessing of gay unions. Within the Anglican communion there are openly gay clergy;
for example, Gene Robinson and Mary Glasspool are openly homosexual bishops in
the US Episcopal Church and Eva Brunn in Lutheran Church of Sweden. The
Episcopal Church's recent actions vis-a-vis homosexuality have brought about
increased ethical debate and tension within the Church of England and worldwide
Anglican churches. In the United States and many other nations, the religious people
are becoming more affirming of same-sex relationships.
Even those in denominations with official postions against homosexuality are
liberalizing it though not as quickly as those in more affirming religious groups.
Today, many religious people are becoming more affirming of same-sex
relationships, even in denominations with official stances against homosexuality. In
the United States, people in denominations who are against same-sex relationships
are liberalizing quickly, though not as quickly as those in more affirming

314
"Interview With Elder Dallin H. Oaks and Elder Lance B. Wickman: "Same-Gender
At". www.mormonnewsroom.org. Retrieved 22 August 2015.

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groups315. This social change is creating tension within many denominations, and
even schisms and mass walk-outs among Mormons and other conservative groups.
Pope Francis voiced support for same-sex civil unions during an interview in a
documentary film, Francesco, which was premiered at the Rome Film Festival on
21 October 2020316.
A case in point is the recent pronouncement by Pope Francis criticizing laws that
criminalize homosexuality as “unjust,” saying God loves all his children just as they
are and called on Catholic bishops who support the laws to welcome LGBTQ people
into the church. In an interview with The Associated Press, He states that “Being
homosexual isn’t a crime317,”
However, The Church of England’s decision to allow clergy to bless same-sex
marriages has angered the Anglican churches of Uganda and Kenya to the point that
they are considering a total disassociation with it as The Kenya and Uganda churches
are now looking upon a conservative Anglican breakaway group — the Global
Anglican Future Conference (Gafcon) — to which they also belong to give them
direction on their association with their mother Church of England in April.
Anglican Church of Uganda Archbishop Stephen Kaziimba revealed this while
condemning the General Synod of the Church of England, its top governing body,
for, in his words, embracing sin by recognizing homosexuality against God’s word.

BIBLICAL SCRIPTURES AGAINST HOMOSEXUALITY.

There various passages in the bible used by Christians to condemn homosexuality
Other Passages from the Mosaic Covenant and its broader Old Testament context
have been interpreted to mean that anyone who is engaging in homosexual practices
should be punished with death (Leviticus 20:13; cf. Genesis 19:4–25; Judges 19:22–
20:48; 2 Peter 2:6–10; Jude 7). HIV/AIDS has also been portrayed by some Christian
fundamentalists such as Fred Phelps and Jerry Falwell as a punishment by God
against homosexuals.

315
Schnabel, Landon (1 January 2016). "Gender and homosexuality attitudes across religious groups from the 1970s
to 2014: Similarity, distinction, and adaptation". Social Science Research. 55: 31–47. doi:
10.1016/j.ssresearch.2015.09.012. PMID 26680286.
316
"Pope Francis backs same-sex civil unions". The Guardian. 21 October 2020. Retrieved 21 October 2020
317
Forbes News 31 Jan 2023, Canary Murray.

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Genesis 9;20-27 Noah and Ham

Genesis 19:1-11 Sodom and Gomorrah
Levticus 18;22, 20;13 Levitical laws condemning same sex relationvships
Romans 1
“For as in those days before the flood they were eating and drinking, marrying and
giving in marriage, until the day when Noah entered the ark, and they were unaware
until the flood came and swept them all away, so will be the coming of the Son of
Man.” (Matthew 24:38,39)
“Just as it was in the days of Noah, so will it be in the days of the Son of Man. They
were eating and drinking and m arrying and being given in marriage, until the day
when Noah entered the ark, and the flood came and destroyed them all.” (Luke
17:26,27)
“Likewise, just as it was in the days of Lot—they were eating and drinking, buying
and selling, planting and building, but on the day when Lot went out from Sodom,
fire and sulfur rained from heaven and destroyed them all— so will it be on the day
when the Son of Man is revealed.” (Luke 17:28-30)

BIBLICAL SCRIPTURES PERCEIVED BY LGBTQIA+

TO BE IN SUPPORT OF HOMOSEXUALITY
In the 20th century, theologians like Karl Barth, Jürgen Moltmann, Hans Küng,
John Robinson, Bishop David Jenkins, Don Cupitt, and Bishop Jack Spong
challenged traditional theological positions and understandings of the Bible;
following these developments some have suggested that passages have been
mistranslated, and taken out of context, or that they do not refer to what is generally
understood as "homosexuality318."
As such, there are no biblical scripture in support of homosexuality but what’s
present is a misinterpretation by the LGBTQIA+ that refers to the close ties and
affections between biblical characters and their same sex close ties to mean that they

318
"Judeo-Christianity and homosexuality". Religious Tolerance. Archived from the original on 5 February 2016.
Retrieved 4 October 2021.

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were homosexual, however this doesn’t amount to sexual orientation or deviation

despite their efforts to make it pass as the same as discussed below.
The LGBTQIA+ community argues that several characters in the bible were non-
gender confirming in that they didn’t conform to traditional gender roles, that they
were not physically typical of men or women, they refer to Jacob who preferred to
be at home, enjoyed cooking and was smooth skinned in contrast to his brother who
was hairy and preferred to hunt and be out doors. This however doesn’t establish
that Jacob was no gender conforming.
Jacob preferred to be with his mother at home, enjoyed cooking and was smooth-
skinned, in contrast to his brother, who was hairy and preferred to hunt and be
outdoors. (Genesis 25) Joseph, Jacob’s son, was given an “ornate robe” by his father
(Genesis 37:3); the Hebrew word used here for the robe (ketonet passim) is used
elsewhere to mean “the kind of garment the virgin daughters of the king wore” (2
Samuel 13:18).
Deborah (Judges 4-5) was a judge of Israel, acting as a prophet and military leader
at a time when women were treated like property and valued by the number of
children they could bear
Hegai, the eunuch in charge of the palace women in the story of Esther, helped Esther
to become queen. Ebed-Melech also was a eunuch, who saved the life of the prophet
Jeremiah (Jeremiah 38)
The man carrying a water jar, whom Jesus indicated would take the disciples to the
room for his last supper, was doing work that was normally done by women, and yet
was given this part to play in Jesus’ ministry (Luke 22:10).
According to the Evangelical and Ecumenical Women’s Caucus (EEWC), then
known as the Evangelical Women's Caucus International, passed a resolution in
1986 stating that Whereas homosexual people are children of God, and because of
the biblical mandate of Jesus Christ that we are all created equal in God's sight, and
in recognition of the presence of the lesbian minority in EWCI, EWCI takes a firm
stand in favor of civil rights protection for homosexual persons319."
Its however important to note that Biblical passages have been mistranslated and
these passages do not refer to LGBTQIA+ orientation as currently

319
Rogers, Jack Bartlett (1 January 2006). Jesus, the Bible, and homosexuality; by Jack Rogers. ISBN
9780664229399. Retrieved 12 November 2011.

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understood320. Liberal Christian scholars, like conservative Christian scholars,

accept earlier versions of the texts that make up the Bible in Hebrew or Greek.
However, within these early texts there are many terms that modern scholars have
interpreted differently from previous generations of scholars321.
Accordingly, there are concerns with copying errors, forgery, and biases among the
translators of later Bibles322. They consider some verses such as those they say
support slavery323, or the inferior treatment of women324 as not being valid today,
and against the will of God present in the context of the Bible. They cite these issues
when arguing for a change in theological views on sexual relationships to what they
say is an earlier view. They differentiate among various sexual practices, treating
rape, prostitution, or temple sex rituals as immoral and those within committed
relationships as positive regardless of sexual orientation. They view certain verses,
which they believe refer only to homosexual rape, as not relevant to consensual
homosexual relationships325.

320
"The Bible and Homosexuality". SisterFriends Together. Grace Unfolding Ministries. Archived from the
original on 28 February 2008. Retrieved 4 July 2008.
321
Rogers, Jack Bartlett (1 January 2006). Jesus, the Bible, and homosexuality; by Jack
Rogers. ISBN 9780664229399. Retrieved 12 November 2011.
322
Rogers, Jack Bartlett (1 January 2006). Jesus, the Bible, and homosexuality; by Jack Rogers. ISBN 9780664229399
Retrieved 12 November 2011.
323
"What the Bible says about slavery". Religioustolerance.org. Retrieved 12 November 2011.
324
http://www.religioustolerance.org/ofe_bibl.htm.
325
Rogers, Jack Bartlett (1 January 2006). Jesus, the Bible, and homosexuality; by Jack Rogers. ISBN
9780664229399. Retrieved 12 November 2011.

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CHAPTER EIGHTEEN
POPULAR ARGUMENTS FOR HOMOSEXUALITY AND
AGAINST HOMOSEXUALITY BASED ON THE
RELIGIOUS PERSPECTIVE OF CHRISTIANITY.

According to Samuel Koranteng, advocates of pro gay theology often put forward
several arguments to in order to silence or challenge the Bible's negative valuation
of homosexuality326. Although the arguments often invoked in defense of the
qualified- and full-acceptance views on homosexuality tend to be scientific,
philosophical, or logical, they also have theological or ethical implications.
Their basic thrust is to show that: people are born homosexual--i.e., conclusive
evidence exists to prove that homosexuality is genetic or inborn; and since
homosexuals are born gay, their sexual orientation is a natural or normal trait of their
identity (like the color of the skin or hair), and the orientation is allowed or given by
God; a person's homosexual orientation is morally neutral and unchangeable.
In this article, I will state and respond to the myths often advanced in support of
homosexuality. The next chapter will address specific arguments that are often
presented to cast doubt on the Bible’s teaching.

"TO LEARN THE TRUTH ABOUT HOMOSEXUALITY,

TALK TO REAL HOMOSEXUALS."
For many advocates of gay theology, it is not sufficient to trust the Bible writers as
the dependable source of truth on this matter. They argue that in order to learn the
truth about homosexuality, we must update our knowledge by actually listening to
homosexuals themselves. This seems to be the point in some recent Adventist
publications.

326
Must We Be Silent; Samuel Koranteng-Pipim, Ph.D Director, Public Campus Ministries, Michigan Conference.

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For example, one Adventist mother wrote that after she had spent “years of reading,
observing, and eventually talking to people,” her homosexual son finally confirmed
to her that indeed, “homosexuality is a condition, not a behavior. Whatever may
cause a homosexual orientation, it is not something a person chooses.” Her son “told
us that from his earliest memories he knew he was ‘different.’” She also reported
learning that God may change a persons's sexual orientation only “on rare
occasions,” and that one can be a homosexual and be “deeply spiritual.”
A non-Adventist scholar has explained why we supposedly need to go to
homosexuals themselves to learn the truth about homosexuality. In his article
entitled, "A Newly Revealed Christian Experience," a self-avowed gay Christian on
the Presbyterian task force studying homosexuality, explains that gay Christians are
"the best source" for the Church to understand homosexuality.
Similarly, a United Church of Christ minister states this new approach to knowing
(epistemology): Rather than looking to the psychologists and the psychiatrists and
the sociologists, and even to the theologians, to find out about gay people, there is a
need to listen to gay people within our churches and within the society, to begin to
understand what we perceive to be the problems, and then together to work on those
problems.
A Princeton Theological Seminary professor of Old Testament Language and
Literature, an ordained elder in the Presbyterian Church (USA), best articulated why
we supposedly need to go to homosexuals themselves to learn the truth about
homosexuality. He wrote:
I used to believe that homosexual acts are always wrong. Listening to gay and
lesbian students and friends, however, I have had to rethink my position and reread
the scriptures. . .. I have no choice but to take the testimonies of gays and lesbians
seriously. I do so with some comfort, however, for the scriptures themselves give
me the warrant to trust that human beings can know truths apart from divine
revelation.

RESPONSE TO ARGUMENT ONE

We must offer a sympathetic ear to the pains and genuine struggles of homosexuals.
But Bible-believing Adventists need to ask whether the testimonies and claims of
homosexuals are an adequate basis to learn the truth about homosexuality. Are
homosexuals, by virtue of their experience, more qualified than the Bible writers to
speak on homosexuality? The inspired writers of the Bible served as dependable

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spokespersons for the Creator of human sexuality. Is the attempt to justify

homosexuality on the grounds of personal experience or empirical studies, rather
than biblical revelation, a legitimate starting point for any investigation regarding
sexual morality? Are the testimonies and claims of homosexuals necessarily true?
We are dealing with the fundamental question of how to know truth, a study
philosopher call epistemology. I will restate my response: Does one really have to
be a homosexual in order to fully understand the truth about homosexuality? Must
we experience a particular kind of sinful tendency in order to understand that sinful
reality? Assuming even that homosexual orientation is part of a person’s
constitutional make up (just as a person's color or gender is), can true knowledge
about that condition be accurately obtained by only persons with that kind of sexual
identity? If so, does this mean, for example, that one has to be black, African, and a
woman in order to fully understand and accurately address the pains of people in
that category? By analogy, could Jesus, a single Jewish male, have understood the
experience of, say, Maria, a single parent Hispanic woman?
Could it be that in a desire to appear more "informed" and perhaps more
"compassionate," some Christians are giving the impression that they are ethically
and religiously more knowledgeable and "sensitive" than the inspired Bible writers
who condemned the practice of homosexuality? How can pro-homosexual advocates
be wiser than the One who has given His written Word and His moral laws as the
basis of true human joy and self-fulfillment? How can they be more compassionate
than the One who has given His life for all humanity? Is it, perhaps, that they do not
view the Bible and its God as did the Bible writers--the pioneers of biblical
Christianity?

ARGUMENT TWO: “PEOPLE ARE BORN

HOMOSEXUAL.

When advocates of pro-gay theology assert that people are born gay, they actually
go beyond the generally accepted view that genetics and environmental factors
influence a person's behavior. They suggest that homosexuality is largely caused by
a person's genes. [5]

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This belief, which is itself based on the deterministic philosophy of behaviorism, is

designed to suggest that what is inborn is (a) natural or normal, (b) unchangeable,
(c) allowed or created by God—as with a congenital defect or one’s eye color, and
that it is (d) morally legitimate.
The logic and implications of this view are as follows: If a person is homosexual
because of inbred homosexual condition, there is no hope or possibility for change.
And because the homosexual cannot change, all aspects of society must change,
including education, religion, and law. Not only must homosexuality be accepted as
socially legal for homosexuals, it must also be promoted as a normal lifestyle option
and, if necessary, the church must be pressured to abandon its alleged immoral
discrimination against homosexuals seeking church membership.

Response to Argument TWO.

Even if one could prove that homosexuality is of genetic or hormonal origin, would
this make homosexuality morally legitimate? I am aware that scientists, such as the
authors of My Genes Made Me Do It! have compellingly challenged the claim that
homosexuality is biologically fated. [6] But even if true, does being born alcoholic,
pedophiliac, or gay make alcoholism, pedophilia, or homosexuality normal?
Moreover, does the fact that something is normal make it morally right?
Is behaviorism or biological determinism compatible with biblical anthropology,
which teaches that human beings are created in the image of God and endowed with
freedom of choice? Can we correlate this naturalistic philosophy with the biblical
doctrine that we are accountable to God for our conduct (doctrine of judgment)?
Does not this “I did not choose, I cannot change” philosophy raise serious questions
about Christ’s power to help us “overcome all hereditary and cultivated tendencies
to sin”? [7]
Does not this behavioristic philosophy lead to a “once a sinner, always a sinner”
doctrine? In other words, would it be biblically correct to maintain that even after
conversion, an alcoholic/drug addict or a habitual/compulsive liar or sexual pervert
will always remain an alcoholic/drug addict or habitual/compulsive liar or a sexual
pervert? Is not this born a gay philosophy in conflict with the born again promise of
the living Christ?
To clarify the issue further, we will look at other aspects of this born a gay theory.
For example: (1) Do studies show that homosexuality is inborn? (2) Is homosexual
orientation natural or normal? (3) Is homosexual orientation God given? (4) Is

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homosexual orientation morally neutral? (5) Is homosexual orientation

unchangeable? (6) Does God want homosexuals to give up who they are? (7) Is it
true that “once a homosexual, (almost) always a homosexual”?

ARGUMENT THREE: “STUDIES SHOW THAT

HOMOSEXUALITY IS INBORN”
Like every other sinful practice, one’s genes, environment, and many other factors
may greatly influence a person’s predisposition to a particular sin. But pro-gay
advocates go further, claiming that scientific studies offer conclusive proof that
people are born gay.

Response to Argument THREE.

Although some future studies may one day bear this out, the research findings often
cited as evidence of the born a gay condition are, at best, inconclusive; they are
questionable at worst. [8] Two of these deserve mention because of the prominence
often given them in Adventist publications.

NEUROBIOLOGIST SIMON LEVAY’S 1991 STUDY ON

THE BRAINS OF 41 CADAVERS.
The cadavers consisted of nineteen allegedly homosexual men, sixteen allegedly
heterosexual men, and six allegedly heterosexual women. He reported that a cluster
of neurons in a distinct section of the brain (called the interstitial nuclei of the
anterior hypothalamus, or the INAH3) were generally smaller in the homosexual
men as compared to the heterosexual men. As a result, he hypothesized that the size
of these neurons may cause a person to be either heterosexual or homosexual. [9]
This study is often cited as proof that people are born gay.
As others have shown, LeVay’s study is exaggerated, misleading, and fraught with
major weaknesses. (1) In order for his theory to be valid, studies would have to show
that the difference in size of that section of the brain occurred 100% of the time. But
LeVay’s own study showed 17% of his total study group contradicted his theory.
Three of the nineteen allegedly homosexual men actually had larger neurons than
their heterosexual counterparts, and three of the heterosexual men had smaller
neurons than did the homosexual men. (2) There is no proof that the section of the
brain he measured actually has anything to do with sexual preference. (3) The study
did not show whether the size of the neurons caused the sexual preference or whether

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the sexual preference caused the size. (4) The scientific community has not by any
means unanimously accepted LeVay’s finding. (5) LeVay’s own objectivity in the
research is in question, since he admitted in a September 9, 1991, Newsweek
magazine that after the death of his homosexual lover, he was determined to find a
genetic cause for homosexuality, or he would abandon science altogether.

J. MICHAEL BAILEY AND RICHARD PILLARD’S 1991

STUDY OF TWINS.
Bailey and Pillard investigated how widespread homosexuality are among identical
twins (whose genetic makeup are the same) and fraternal twins (whose genetic ties
are less close). Among other things, they discovered that 52% of the identical twins
studied were both homosexual. Bailey and Pillard hypothesized that the higher
incidence of homosexuality among the identical twins implies that homosexuality is
genetic in origin.
Bailey and Pillard’s theory are also misleading and exaggerated. For their theory to
be a fact, the following should hold: There should never be a case when one identical
twin is heterosexual and the other homosexual, since both identical twins share
100% of the same genes. If sexual orientation is genetic, then both identical twins
will in 100% of cases always be either homosexual or heterosexual. Bailey and
Pillard’s findings of only 52% challenges their own hypothesis. On the contrary,
their research confirms that non-genetic factors play a significant role in shaping
sexual preference. The twins should be raised in different homes to eliminate the
possible effect of environmental factors in their sexual preferences. But all twins
studied by Bailey and Pillard were raised in the same homes. A later study on twins
by other scholars yielded different results. Bailey and Pillard, like LeVay, may not
have approached their study objectively, given their personal feelings about
homosexuality. Because Bailey is a gay rights advocate and Pillard is openly
homosexual, their objectivity in the research may be questioned. There are also
questions about whether the sample was representative, since Bailey and Pillard
requested subjects by solicitation through homosexual organizations and
publications.
Other studies have been done. However, to date, we know of no study that supports
the claim by pro-gay advocates that conclusive evidence exists showing people are
born gay or that homosexuality is inborn or of genetic origin. We are not suggesting

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that genetics does not influence one’s homosexual predisposition. Our contention is
simply that the studies usually cited for the claim that people are born gay are not as
conclusive as proponents would have us believe. It seems that the studies are put
forth to intimate that homosexuality is not a sin to be repented of but a mark of one’s
identity to be celebrated.

ARGUMENT THREE: “HOMOSEXUALITY IS NOT A

SIN, BUT A CONDITION OF SINFULNESS.”
This variation of the born gay argument is perhaps the most popular in Christian
circles. Unlike the previous argument which sees homosexuality as normal or
natural, proponents of the current argument suggest that homosexuality is an
abnormal or unnaturalcondition, or even an illness brought about by a number of
factors beyond the control of the individual. The causes include biological/genetic
defect, gender confusion (a female mind in a male body and vice versa), or prenatal
hormonal irregularities (e.g., endocrine-mimicking chemicals or chemical toxicity
in the brains of homosexuals during the formative period of their embryos or
fetuses). Based on these alleged causes, some pro-gay advocates maintain that
homosexuals have no choice in the matter of their sexual predisposition towards
persons of the same gender.
The homosexual condition or orientation, it is argued, is an evidence of the
brokenness and fallenness of our present world. The condition may be classified with
disease (such as alcoholism, or allergies), with handicap (such as congenital
blindness), and eccentricity (such as left-handedness). It may even be evil (like
sickness or death), but not necessarily sinful (like pride, blasphemy, or murder).
Because homosexuals did not choose to be born gay, "we shouldn't hold a person
responsible for her or his sexual orientation any more than we hold a person
responsible for skin color (nature)." Being a homosexual is not sin, but lustful and
inappropriate homosexual activity is sin and therefore, must be avoided. Since it is
believed that homosexuals did not chose to be gay, but were born that way, God
deserves the credit (or blame) for who or what they are. And since homosexuality is
presumably not a sin, but a sinful condition, homosexuals need compassion and
acceptance from the church.

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ONE EX-HOMOSEXUAL EXPLAINS WHY HE

“ACCEPTED” HIS HOMOSEXUALITY:
I was not responsible for who and what I was. I was God’s creation, and if He had
not wanted me to be gay (homosexual), then He wouldn’t have made me this way.
If being gay was a choice, I would never have made that choice, for with it came the
consequences of hurting those I loved, the break up of my home, the loss of my
children, alienation from my family and friends and church, the scorn and ridicule
of the general public. It was all God’s fault. As far as choices were concerned, I had
made all the right choices. I had chosen a Christian education for myself. I had
chosen to be a student missionary for two years in the Far East. I had chosen to study
theology and pre-med preparatory to becoming a medical missionary some day. I
had chosen to marry a Christian girl, and to have little Christian children. But
eventually, no longer able to deny to myself who and what I really was inside, I had
‘accepted’ being homosexual, and, in extreme frustration, turned my back on family,
friends, God, and everything I had worked for, and entered into the gay life
‘rightfully’ giving God all the credit (or blame).
RESPONSE TO ARGUMENT FOUR:
While not denying the possibility that homosexuality may be caused by many
combinations of variables, including biological/genetic or hormonal irregularities,
there are serious problems with the argument that homosexuals are somewhat sick
or abnormal, or that homosexuality is not a sin, but a condition of sinfulness.
First, perceptive critics, including advocates of the Gay Right Movement, are
moving away from the theories of genetic-defect and hormonal irregularities for fear
that other research findings showing some unacceptable conditions (like alcoholism,
schizophrenia, cerebral palsy, etc.) as genetically or biologically related will soon
make homosexuals look like they are abnormal, sick, or less than human. Such a
perception, in their opinion, will be a reversal of the gains they made when the Gay
Right Movement successfully lobbied to have the American Psychological
Association and the American Psychiatric Association remove homosexuality from
the categories of abnormal behavior and mental illness
For example, one scholar exposes the intellectual and psychological inconsistency
in this “outmoded version of natural law” which seeks to make a fine distinction
between homosexual orientation and behavior. Responding to the view that “while
homosexuality as an orientation is contrary to God's created intention, the

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homosexual person ought not to be adversely judged or rejected by the church,” this
researcher counters that while some may deem such a position a more tolerant and
compassionate view than outright condemnation, “it places gay men and lesbians in
at least two impossible binds.” He continues:
One, of course, is the individual's recognition that her or his own sexual orientation
is as natural and as fundamental to identity as is the color of the skin. It is both naive
and cruel to tell a lesbian or gay man, ‘Your sexual orientation is still unnatural and
a perversion, but this is no judgment upon you as a person.’ The individual knows
otherwise. The other bind concerns churchly pressure toward celibacy. When the
church presumes to be non-judgmental toward orientation but then draws the line
against genital expression, it is difficult to understand how the sense of guilt--even
in the celibate--will be significantly alleviated.
The point is that many homosexuals don't want to be perceived as abnormal or sick.
They see themselves as normal people with full control over their choices. They
don't consider themselves driven by some defective genes to do things contrary to
their choice. When they describe themselves as born gays, they don't understand
their condition to be the result of genetic defect or gender-confusion, or
hormonal/chemical accident. Instead, they argue that their homosexuality is an
alternative expression of human sexuality, created by God Himself, and therefore
not a sin. This is why they prefer to see their homosexual orientation as normal,
natural, morally neutral, and a gift from God.
Second, assuming even that homosexuality is of biological/genetic origin, does it
make it right. For example, is stealing right just because a person was born a
kleptomaniac? Is alcoholism right, just because a person was born alcoholic (i.e.
born with a strong genetic predisposition towards alcoholism)? Undoubtedly, the
kleptomaniac/alcoholic is sick and needs help. But stealing/drunkenness, regardless
of its cause, is never right. Thus, a person who is born gay (either because of genetic
defect, hormonal problem, gender confusion, etc.) is at best abnormal or sick. That
person may be suffering from a compulsive immoral tendency. But would the cause
of that compulsive or uncontrollable homosexual lust or behavior make the tendency
or behavior, morally right?
Adulterers, or pedophiles, or pornographers, will gain little sympathy from the claim
that their genes made them do it. Why should the homosexual be considered in a
different genetic light? No, however fascinating or apparently comforting it may be
to explore how the patterns of genetic structure and social surroundings combine to

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create for each of us a moral context, we must nevertheless also recognize our
responsibility to act obediently within that context. As moral agents we say yes or
no to each potential sexual encounter.
Third, even if a biological/genetic link is found, would that prove that God created
homosexuality? Jesus dismissed the suggestion that God is responsible for genetic
deficiencies with which people are born. When asked why a man was born blind,
Christ did not say, “Because God made him this way.” “Rather, He said that God
was to be glorified through healing the man of the effects of his faulty genes (John
9:1-7). So, it is with homosexuals who might have a genetic predisposition. (Notice
I said ‘might.’ The verdict is still out.) God didn’t make them this way. It
[homosexuality] is the result of the degeneration of humankind by thousands of years
of sin. God doesn’t create any of the aberrations sin causes. However, he can be
glorified in genetically challenged people. Jesus will provide victory over what
genetics might influence.”

ARGUMENT FIVE “HOMOSEXUAL ORIENTATION IS

NATURAL OR NORMAL”
Based on the assumption that homosexuality is inborn, i.e. of genetic origin,
advocates argue that homosexuality should be accepted as a natural or normal human
condition.

RESPONSE TO ARGUMENT FIVE.

This argument is also flawed. Leaving aside the important issues of the manner in
which the scientific research is conducted and the kind of interpretation given to the
research findings, even proving that homosexual orientation is inborn (i.e., of genetic
origin) will not make homosexuality normal or desirable. Many defects or handicaps
today are inborn, but hardly anyone would call them normal for that reason alone.
Why should homosexuality be considered natural or normal, just because it may be
inborn?
When we say that something is natural, we refer to what happens repeatedly in the
world of nature—in which case we do not assign moral judgment to it. For example,
spiders kill and eat other spiders, including their mates. “But as a moral category
natural refers to something that is in accord with God’s intention. Actions are good
or bad: for example, people sometimes kill and eat other people. But the fact that
cannibalism happens in the world—perhaps in satisfaction of deeply held religious

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beliefs or peculiar culinary tastes—does not make it natural in the sense that it
conforms to God’s will. In summary: that which is natural to human experience or
human desire is not necessarily natural in God’s moral design.”

ARGUMENT SIX: “HOMOSEXUAL ORIENTATION IS

GOD-GIVEN.”
The argument here is that because many homosexuals claim that since their
childhood they have always had homosexual feelings, their “natural” homosexual
tendencies are from God.

RESPONSE TO ARGUMENT SIX.

Scripture nowhere suggests that if a thing seems natural it is inevitably God given.
On the contrary, the Bible teaches that many “natural” states and desires are not of
God and are contrary to His will.
For example, “The natural man does not receive the things of God” (1 Cor 2:14).
Before conversion, we “were by nature the children of wrath” (Eph 2:3). “The carnal
mind is enmity against God, for it is not subject to the law of God, nor indeed can
be” (Rom 8:7). Scripture teaches that we are a fallen race, born in sin: “Behold, I
was brought forth in iniquity” (Ps 51:5; cf. Jer 17:9; Rom 5:12). Sin has marred our
physical and spiritual nature (1 Cor 15:1-54; John 3:5-6). We cannot therefore
assume that because something is natural or inborn, it must be God ordained.

ARGUMENT SEVEN: “HOMOSEXUAL ORIENTATION

IS MORALLY NEUTRAL”
From the assumption that people are born gay, proponents argue that homosexuality
should be viewed as a neutral expression of human sexuality. Like heterosexuality,
homosexuality can be rightly used or abused. The abuse is wrong. But its use within
a loving, consensual, and monogamous relationship is morally right.

RESPONSE TO ARGUMENT SEVEN.

As to the assumption that because homosexuality may be natural or inborn (an
unproven assertion) it is morally neutral or legitimate, we may ask: If we would
demonstrate conclusively that adultery, incest, pedophilia, violence, lying are
inherited, would we be justified in considering them legitimate or neutral? Should
the standard for morality be determined by what is inborn?

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Contrary to this view, homosexuality is still immoral, whether inborn or acquired.

“And immoral behavior cannot be legitimized by a quick baptism in the gene pool.”
Morality is not determined by what is inborn. Those wishing to discover God’s moral
standards must look to the Bible. The Ten Commandments and God’s pre-fall order,
rather than the latest discoveries of science regarding the post-fall sinful condition,
provide the moral guidelines on whether homosexuality is moral and immoral. The
leap from what is (alleged facts of the homosexual condition) to what ought to be
(the morality of homosexuality) is too large to make.
If some men and women are born with homosexual or lesbian genes, then the rest
of us are born with adulterous and lying genes. Will God excuse adultery and lying
because we were supposedly born with those genes? We are counseled: “Never
should we lower the standard of righteousness in order to accommodate inherited or
cultivated tendencies to wrong-doing327”

ARGUMENT EIGHT: “CHANGING THE HOMOSEXUAL

ORIENTATION IS DIFFICULT AND RARE"
It is claimed that because homosexuality is an inbred condition, the homosexual has
no (or very little) hope of ever changing.

RESPONSE TO ARGUMENT EIGHT.

The oft-repeated claim that "changing one's homosexual orientation is difficult and
rare" is not supported by Scripture or Ellen G. White. In fact, the Bible itself says
that sinners such as fornicators, adulterers, thieves and homosexuals were actually
able to overcome their sinful practice through the transforming power of Christ (1
Cor. 6:9-11). Similarly, Ellen G. White states unequivocally that "a genuine
conversion changes hereditary and cultivated tendency to wrong."
But even when we suppose, for the sake of argument, that the homosexual condition
is unchangeable- -i.e., that no amount of prayer, counseling, and effort of any kind
can make a homosexual change his orientation--do these facts make homosexuality
less sinful? Definitely not. One former homosexual's statement is worth quoting:
There is no contingency factor in any scriptural reference to any kind of sin, in either
the Old or the New Testament. We never read anything like: "Thou shalt not do thus
and so!" ("Unless, of course, you tried hard to change, went for prayer and

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counseling, and found you just couldn't stop wanting to do thus and so. If that's the
case, then thus and so is no longer sin. It's an inborn, immutable gift and you can
darn well [feel free to] indulge in it!)"
The truth, however, is that “whether the homosexual is in denial, latent, ‘in the
closet,’ openly gay, ‘married,’ militant, or even a ‘flaming queen’; whether he
believes to have been born ‘gay’ or conditioned to be gay, . . . it does not really
matter. If someone is drowning, it matters not whether he fell into the water, fell
asleep in the water, jumped into the water, or was thrown into the water. The bottom
line is that he needs a life guard, a savior.” Jesus is that Lifeguard. He is mighty to
save every sinner, both heterosexual and homosexual, provided they admit that they
are sinners, repent, and turn from their sinful ways.

ARGUMENT NINE: “ONCE A HOMOSEXUAL,

(ALMOST) ALWAYS A HOMOSEXUAL”
This is where the logic of biological predestination eventually leads: People are born
gay; they cannot change their condition; they will always remain gay. If anyone has
to change, it must be the institutions of society and the church, not the homosexual.
The laws of society and the Bible must change to accommodate the homosexual
who, once gay, will always be gay.

RESPONSE TO ARGUMENT NINE.

Perhaps the most important question raised by the issue of homosexuality is whether
Christ has power to help people overcome sin in their lives. This is of course an
important question if homosexuality is sin. For if homosexuality is just a sickness or
addictive/compulsive behavior, then homosexuals need therapy, not repentance;
they need medical cure and not moral correction. And if homosexuality is simply a
morally neutral part of a person’s identity, then “once a homosexual, (almost) always
a homosexual.”
The latter claim has been made by the editor of a leading Adventist church paper:
You attempt to make a point that neither the Bible nor human experience can
support—that a person’s sexual orientation is itself sinful and must and can be
overcome by the new birth. As Jesus and our common sense tell us, no amount of
praying or piety can turn a person five feet tall into one six feet tall; and a person
who is an alcoholic is an alcoholic for life. The only question is whether the alcoholic
will practice on the basis of her [sic] or her orientation.

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The above quotation summarizes the issues raised in this chapter. Not only does it
raise questions about the normative source of one’s religious authority (Bible?
human experience? Jesus? common sense?), but also it raises the question about
whether or not (a) we can distinguish between being a homosexual and practicing
homosexuality, whether or not the experience of conversion—the new birth—can
help a person to overcome his/her sinful sexual orientation (whether homosexual,
bisexual, or heterosexual) and whether (c) a person who is an alcoholic or
homosexual can overcome all these sinful tendencies and cease to be an alcoholic
and homosexual.
If the Bible’s diagnosis of homosexuality as sin can be established scripturally, then
the Bible’s prescription is the same for homosexuals as it is for all other sinners: a
call to conversion and an invitation to participate in the process of biblical
sanctification. If this is true, then the Bible’s approach cannot be disdained as naive,
simplistic, or inadequate, nor belittled as pat answers that are incomplete for people
struggling with sexual addiction. It forces us to answer the question of whether the
transforming power of God is more effective than the impotent power of
psychological therapy.
The testimony of Scripture exposes the lie that "once a homosexual, always a
homosexual." Homosexuals can be, and have actually been, changed through the
transforming power of Christ (1 Cor 6:9-11). Those who deny this fact not only deny
the veracity of Scripture on this issue, but they also unwittingly portray God as
impotent, rather than omnipotent. Jesus can save to the uttermost any sinner. This
includes the homosexual.

ARGUMENT TEN: “THERE’S A DIFFERENCE

BETWEEN BEING A HOMOSEXUAL AND
PRACTICING HOMOSEXUALITY”
Discussions on homosexuality often define it in two ways: (a) homosexual
orientation or inclination or tendency—an inborn sexual attraction, predisposition,
or desire toward a member of one’s own sex, and (b) homosexual behavior or
practice—an erotic activity with a member of one’s own sex, an activity that may or
may not be morally right.
On the basis of this distinction some Adventist writers argue that homosexual
orientation/condition (also referred to as ontological or constitutional homosexuality
or inversion) is a permanent and unchangeable part of the individual’s constitutional

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make up. It is like the color of a person’s skin—a non-behavioral trait that is to be
viewed as morally neutral and a condition from which no one can change. On the
other hand, homosexual practice/activity must be judged according to morally
acceptable norms. “Being a homosexual is not sin,” it is argued, but “homosexual
sexual activity is sinful—it is apart from God’s will.”

RESPONSE TO ARGUMENT TEN:

This argument is meaningless, if not misleading. Is homosexuality something you
are, like being black or elderly or handicapped or female, or is it something you do,
like adultery or incest or lying? This question goes to the heart of the pro-
homosexual statement that “there is a difference between being a homosexual and
practicing homosexuality.” In order for the pro-gay argument to be valid, one must
assume that homosexuality is not a sin. On the other hand, if homosexuality is a sin,
as the Bible teaches, then the distinction between being a homosexual and practicing
homosexuality is artificial and invalid.
Let’s think a little more carefully: Can a person really be a homosexual without
practicing homosexuality? If this is so, can a person be an adulterer without
practicing adultery? Can a person be a kleptomaniac without stealing? Can an
individual be a liar without practicing lying? Also, if a person repents of his besetting
sin, and through the enabling grace of God gains victory over, say, stealing, lying,
immorality, etc., would it be theologically appropriate to continue viewing the
person as though he were still in bondage to that particular sin, even though he may
still be tempted?
Rather than distinguishing between being a homosexual and practicing
homosexuality, perhaps it is more theologically sound to distinguish between the
temptation to act upon one’s sinful homosexual tendency (which is not wrong) and
actually choosing to cherish and act upon that temptation (a wrongful choice).
If allowed to stand unchallenged, the distinction made between being homosexual
and practicing homosexuality would raise a number of biblical and theological
questions. First, does the Bible make such a distinction between homosexual
orientation/condition and homosexual practice/ behavior? —between inversion
(constitutional homosexuality) and perversion (the abuse of homosexuality)?
Adventist scholars disagree on this issue.
For example, one New Testament scholar admits that, “Such a distinction [between
inverts and perverts] does not appear in Scripture, nor does the Bible reflect the

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understanding of homosexuality that we have today.” But he seems to negate this

categorical statement when, in the very next sentence, he writes: “Nevertheless, Paul
must have had reference to the perverted sexual practices common in the degenerate
pagan society of his time. Obviously, he is referring to perverts, not inverts who do
not participate in homosexual practices.”
If the Bible makes no such distinction, how is it “obvious” for Paul to be referring
to a non-existent distinction? In other words, if Scripture does not make the
contemporary distinction between homosexual orientation (inversion) and
homosexual practice (perversion), how is it possible that “the New Testament
statements directed themselves primarily if not exclusively to perverts, not inverts”?
In order not to be accused of forcing the Bible into the mold of today’s sociological
dichotomy between perversion and inversion, Adventist exegetes would need to
establish whether the Bible makes such a distinction or not. The Bible condemns sin
in thought and deed. It teaches that we all have sinful natures but offers victory
through rebirth.
Second, the distinction between orientation and practice—the former being morally
neutral and the latter morally wrong—also raises theological and ethical questions.
Does the universal sinfulness of all humanity and the fact that they are born with
weakness and tendencies to evil (Ps 51:5; 143:2; cf. 14:3; 1 Kings 8:46; Pro 20:9;
Rom 3:23; 7:14-24; 1 John 1:8) allow one to suggest that this sinful tendency or
propensity is morally neutral, and therefore, not a sin to be repented of or overcome
by the power of Christ (Rom 7:25; 8:1; Eph 2:1-10; John 1:13; 3:5; 2 Cor 5:17)?

Third, if Adventists adopt the social scientists’ distinction between homosexual

orientation and homosexual practice, would not such a dichotomy be a biblically
questionable rending of actions and attitudes? In other words, how can the practice
of homosexuality be wrong, and yet, the inclination toward or the longing for that
action be neutral (cf. Matt. 5:27, 28; 1 John 3:15)?
Is it Scriptural to argue that a homosexual orientation is morally neutral (and hence,
not a sin) but the action itself is that which is sinful? If there exists an orientation
toward a wrong act, does not a person need as much help to overcome that inclination
as the individual who has succumbed to that wrong desire—whether it be lying,
stealing, adultery or killing, etc.? The Bible teaches that all sinful acts, including
deceit, adultery, murder, etc., proceed from the sinful human heart (Prov 12:20; Matt
5:27, 28; 1 John 3:15; Mark 7:21-27).
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Instead of referring to homosexuality as a morally neutral orientation, is it not more

biblical to say that a homosexual orientation is nothing more than an almost helpless
sinful tendency or propensity (such as kleptomania, nymphomania, inveterate
adultery), a condition that makes temptation to sin almost irresistible? And if
homosexual orientation, like kleptomania and nymphomania, is a sinful human
condition, does not this diagnosis suggest that the cure for this problem has to be
Divine?
Could it be that the failure to recognize homosexuality as sin is one reason why it
cannot be overcome? If homosexual orientation excuses the sin of homosexual
desires, does it not imply that other sinful orientations (such as compulsive lying,
compulsive adultery, compulsive racism, compulsive stealing, compulsive
disobedience to authority, etc.) should all be excused as irreversible sinful
conditions? Wherein then, lies the power of God’s transforming grace?

ARGUMENT ELEVEN “BEING A HOMOSEXUAL IS

NOT A SIN”
Another variation of the previous pro-gay argument is the belief that being a
homosexual is not a sin. In the view of proponents, the condition of homosexuality
is not a sin. Therefore, in the words of one Adventist scholar, “homosexuals can be
genuine, model Christians.” [30] They do not consider it an oxymoron to speak about
a gay Christian or a gay Adventist. For in their view, individuals can be a non-
practicing homosexual when they choose to be “celibate homosexuals.” [31]

RESPONSE TO ARGUMENT ELEVEN.

The above statement is based on the questionable argument that a person can be a
homosexual without practicing homosexuality. It also wrongly assumes that
homosexuality is a morally neutral condition or mark of a person’s identity (like
being black, white, Italian, woman, etc.). For the statement (“being a homosexual is
not a sin”) to be valid, we have to show from the Scriptures that homosexuality itself
is not a sin. As we shall later see, this cannot be established from Scripture.
A person is no more a non-practicing homosexual as a non-practicing adulterer or a
non-practicing polygamist. Once individuals cease to practice adultery or polygamy,
they can no longer be referred to as adulterers or polygamists. They are ex-adulterers
and ex-polygamists. Therefore, homosexuals who do not practice (or cherish or lust
after) homosexuality are exhomosexuals.

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The apostle Paul did not refer to the converted believers in Corinth as non-practicing
fornicators, idolaters, adulterers, or homosexuals. That they were ex-fornicators, ex-
idolaters, ex-adulterers and ex-homosexuals is indicated by his statement, “such
were some of you” [past tense] (1 Cor 6:9-11).

ARGUMENT TWELVE “GOD DOES NOT WANT

HOMOSEXUALS TO GIVE UP ‘WHO THEY ARE’
Based on the assumption that people are born gay, and on the basis of texts like
Psalm 139:13 (“For you created my inmost parts”) and Psalm 100:3 (“It is he that
hath made us and not we ourselves”), pro-gay advocates maintain that peoples’
homosexual orientation/condition is part of their identity, defining who they are as
sexual human beings. Consequently, it is argued: “Since God made me the way I
am, and since I have had my orientation from my earliest memories, why shouldn’t
I express my God-given sexuality? Why would God ask me to change something
which He Himself has given me?”

RESPONSE TO ARGUMENT TWELVE.

The fact is that God wants every one of us, including homosexuals, to give up
something we have had all our lives—our selves, our sinful selves. The Bible
condemns all forms of self-love or self-indulgence as expressions of idolatry and
presents self-denial as the hall-mark of Christian discipleship (Luke 14:26-27; cf.
Rev 12:11). The only way really to find one’s self is by losing it (Mark 8:34-37). We
cannot change ourselves but Christ can change us if we truly want to be changed
from our besetting sexual tendencie.

THE LOST BOOKS OF THE BIBLE

The Lost Books of the Bible and the Forgotten Books of Eden (1926) is a collection
of 17th-century and 18th-century English translations of some Old Testament
Pseudepigrapha and New Testament apocrypha, some of which were assembled in
the 1820s, and then republished with the current title in 1926.

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CHAPTER NINTEEN
HISTORY OF THE TRANSLATIONS
Rutherford Hayes Platt, in the preface to his 1964 reprint of The Lost Books of the
Bible and the Forgotten Books of Eden states:
"First issued in 1926, this is the most popular collection of apocryphal and
pseudepigraphal literature ever published."
The translations were first published, under this title, by an unknown editor in The
Lost Books of the Bible Cleveland 1926, but the translations had previously been
published many times.
The book is, essentially, a combined reprint of earlier works. The first half, Lost
Books of the Bible, is an unimproved reprint of a book published by William Hone
in 1820, titled The Apocryphal New Testament, itself a reprint of a translation of the
Apostolic Fathers done in 1693 by William Wake, who later became the Archbishop
of Canterbury, and a smattering of medieval embellishments on the New Testament,
from a book by Jeremiah Jones (1693–1724), posthumously published in 1736. In
the three centuries since these were originally published, a great deal more is known
about the Apostolic Fathers (including a good deal of the original text that was not
available in 1693) and New Testament apocrypha.
The second half of the book, The Forgotten Books of Eden, includes a translation
originally published in 1882 of the "First and Second Books of Adam and Eve",
translated first from ancient Ethiopic to German by Ernest Trumpp and then into
English by Solomon Caesar Malan, and a number of items of Old Testament
pseudepigrapha, such as reprinted in the second volume of R.H. Charles's Apocrypha
and Pseudepigrapha of the Old Testament328.
More modern translations of these works include J. H. Charlesworth, ed. Old
Testament Pseudepigrapha; W. Schneemelcher, ed. New Testament Apocrypha; and
M. R. James, The Apocryphal New Testament.

328
(Oxford, 1913)

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 The the Book of Enoc

 The Protevangelion.
 The Gospel of the Infancy of Jesus Christ.
 The Infancy Gospel of Thomas.
 The Epistles of Jesus Christ and Abgarus King of Edessa.
 The Gospel of Nicodemus (Acts of Pilate)
 The Apostles' Creed (throughout history)

ISLAM
According to Rehman, Javaid, Polymenopoulou & Eleni attitudes toward lesbian,
gay, bisexual, and transgender (LGBT) people and their experiences in the Muslim
world have been influenced by its religious, legal, social, political, and cultural
history329. The Holy Quran narrates the story of the "people of Lot" destroyed by the
wrath of God because the men engaged in lustful carnal acts between themselves, at
the same time, "both the Quran and the hadith strongly condemn homosexual
activity" with some hadith prescribing the death penalty for those engaged in male
homosexual or lesbian intercourse publicly.
The Quran contains several allusions to homosexual activity, which has prompted
considerable exegetical and legal commentaries over the centuries330. The subject is
most clearly addressed in the story of Sodom and Gomorrah331 after the men of the
city demand to have sex with the male messengers sent by God to the Prophet Lot
(Lut)332. The Quranic narrative largely conforms to that found in Genesis. In one
passage the Quran says that the men "solicited his guests of him" Quran 54:37, using
an expression that parallels phrasing used to describe the attempted seduction of

329
Rehman, Javaid; Polymenopoulou, Eleni (2013). "Is Green a Part of the Rainbow? Sharia, Homosexuality, and
LGBT Rights in the Muslim World" (PDF). Fordham International Law Journal. Fordham University School of Law.
37 (1): 1–53. ISSN 0747-9395. OCLC 52769025. Archived from the original on 21 July 2018. Retrieved 30 October
2021.
330
Rowson, Everett K. (2006). "Homosexuality". In McAuliffe, Jane Dammen (ed.). Encyclopaedia of the Qurʾān.
Vol. 2. Leiden: Brill Publishers. pp. 444–445. Doi: 10.1163/1875-3922_q3_EQCOM_00085. ISBN 90-04-14743-8.
331
Wafer, Jim (1997). "Muhammad and Male Homosexuality". In Murray, Stephen O.; Roscoe, Will (eds.). Islamic
Homosexualities: Culture, History, and Literature. New York and London: NYU Press. pp. 88–96.
doi:10.18574/nyu/9780814761083.003.0006. ISBN 9780814774687. JSTOR j. ctt9qfmm4. OCLC 35526232. S2CID
141668547.
332
Kligerman (2007) pp. 53–54.

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 The Strix Mythology Demystified

Joseph, and in multiple passages they are accused of "coming with lust" to men
instead of women (or their wives)333.

SURAH AL- A’RAF 7:80-84

And ˹remember˺ when Lot scolded ˹the men of˺ his people, ˹saying, ˺ “Do you
commit a shameful deed that no man has ever done before? You lust after men
instead of women! You are certainly transgressors.” But his people’s only response
was to say, “Expel them from your land! They are a people who wish to remain
chaste!” So, we saved him and his family except his wife, who was one of the
doomed. We poured upon them a rain ˹of brimstone˺. See what was the end of the
wicked!

ZINA VERSE
Only one passage in the Quran prescribes a strictly legal position. It is not restricted
to homosexual behaviour, however, and deals more generally with zina (illicit sexual
intercourse)334:
˹As for˺ those of your women who commit illegal intercourse—call four witnesses
from among yourselves. If they testify, confine the offenders to their homes until
they die or Allah ordains a ˹different˺ way for them. And the two among you who
commit this sin—discipline them. If they repent and mend their ways, relieve them.
Surely Allah is ever Accepting of Repentance, Most Merciful.

SURAH AN-NISA 4:15-16

In the exegetical Islamic literature, this verse has provided the basis for the view that
Muhammad took a lenient approach towards male homosexual practices335. The
Orientalist scholar Pinhas Ben Nahum has argued that "it is obvious that the Prophet
viewed the vice with philosophic indifference. Not only is the punishment not
indicated—it was probably some public reproach or insult of a slight nature—but
mere penitence sufficed to escape the punishment"336. Most exegetes hold that these
verses refer to illicit heterosexual relationships, although a minority view attributed

333
Rowson, Everett K. (2006). "Homosexuality". In McAuliffe, Jane Dammen (ed.). Encyclopaedia of the Qurʾān.
Vol. 2. Leiden: Brill Publishers. pp. 444–445. doi:10.1163/1875-3922_q3_EQCOM_00085. ISBN 90-04-14743-8.
334
Wafer, Jim (1997). "Muhammad and Male Homosexuality". In Murray, Stephen O.; Roscoe, Will (eds.). Islamic
Homosexualities: Culture, History, and Literature. New York and London: NYU Press. pp. 88–96.
doi:10.18574/nyu/9780814761083.003.0006. ISBN 9780814774687. JSTOR j.ctt9qfmm4. OCLC 35526232. S2CID
141668547.
335
Ibid.
336
Ibid.

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 The Strix Mythology Demystified

to the Mu'tazilite scholar Abu Muslim al-Isfahani interpreted them as referring to

homosexual relations. This view was widely rejected by medieval scholars, but has
found some acceptance in modern times337.

CUPBEARERS IN PARADISE
Some Quranic verses describing the Islamic paradise refer to perpetually youthful
attendants which inhabit it, and they are described as both male and female servants:
the females are referred to as ḥūr, whereas the males are referred to as ghilmān,
wildān, and suqāh. The slave boys are referred to in the Quran as "immortal boys"
(Quran 56:17, 76:19) or "young men" who serve wine and meals to the blessed338.
Jurists of the Hanafi school took up the question seriously, considering, but
ultimately rejecting the suggestion that homosexual pleasures were, like wine,
forbidden in this world but enjoyed in the afterlife339.

IN THE HADITH
The hadith (sayings and actions attributed to Muhammad) show that homosexual
behaviour was not unknown in seventh-century Arabia340. However, given that the
Quran did not specify the punishment of homosexual practices, Islamic jurists
increasingly turned to several "more explicit" hadiths in an attempt to find guidance
on appropriate punishment341.
From Abu Musa al-Ash'ari, the Prophet states that: "If a woman comes upon a
woman, they are both adulteresses, if a man comes upon a man, then they are both
adulterers342."

337
Rowson, Everett K. (2006). "Homosexuality". In McAuliffe, Jane Dammen (ed.). Encyclopaedia of the Qurʾān.
Vol. 2. Leiden: Brill Publishers. pp. 444–445. doi:10.1163/1875-3922_q3_EQCOM_00085. ISBN 90-04-14743-8.
338
Rustomji, Nerina (2017). "Beauty in the Garden: Aesthetics and the Wildān, Ghilmān, and Ḥūr". In Günther,
Sebastian; Lawson, Todd (eds.). Roads to Paradise: Eschatology and Concepts of the Hereafter in Islam. Islamic
History and Civilization. Vol. 136. Leiden and Boston: Brill Publishers. pp. 297–307.
doi:10.1163/9789004333154_014. ISBN 978-90-04-33315-4. ISSN 0929-2403. LCCN 2016047258.
339
Rowson, Everett K. (30 December 2012) [15 December 2004]. "HOMOSEXUALITY ii. IN ISLAMIC LAW".
Encyclopædia Iranica. Vol. XII/4. New York: Columbia University. pp. 441–445. doi:10.1163/2330-
4804_EIRO_COM_11037. ISSN 2330-4804.
340
Bosworth, C. E.; van Donzel, E. J.; Heinrichs, W. P.; Lewis, B.; Pellat, Ch., eds. (1986). "Liwāṭ". Encyclopaedia
of Islam, Second Edition. Vol. 5. Leiden: Brill Publishers. doi:10.1163/1573-3912_islam_SIM_4677. ISBN 978-90-
04-16121-4.
341
Bosworth, C. E.; van Donzel, E. J.; Heinrichs, W. P.; Lewis, B.; Pellat, Ch., eds. (1986). "Liwāṭ". Encyclopaedia
of Islam, Second Edition. Vol. 5. Leiden: Brill Publishers. doi:10.1163/1573-3912_islam_SIM_4677. ISBN 978-90-
04-16121-4.
342
Al-Tabarani in al-Mu‘jam al-Awat: 4157, Al-Bayhaqi, Su‘ab al-Iman: 5075

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 The Strix Mythology Demystified

While there are no reports relating to homosexuality in the best known and authentic
hadith collections of Sahih al-Bukhari and Sahih Muslim, other canonical collections
record a number of condemnations of the "act of the people of Lut" (male-to-male
anal intercourse)343. For example, Abu 'Isa Muhammad ibn 'Isa at-Tirmidhi
(compiling the Sunan al-Tirmidhi around 884) wrote that Muhammad had indeed
prescribed the death penalty for both the active and passive partners:
Narrated by Abdullah ibn Abbas: "The Prophet said: 'If you find anyone doing as
Lot's people did, kill the one who does it, and the one to whom it is done344'."
It was narrated by Abdullah ibn Abbas: "If a man who is not married is seized
committing sodomy he will be stoned to death345."
Ibn al-Jawzi (1114–1200), writing in the 12th century, claimed that Muhammad had
cursed "sodomites" in several hadith, and had recommended the death penalty for
both the active and passive partners in homosexual acts346.
It was narrated that Ibn Abbas said: "The Prophet said: '... cursed is the one who
does the action of the people of Lot'."
Ahmad narrated from Ibn Abbas that the Prophet of Allah said: 'May Allah curse the
one who does the action of the people of Lot, may Allah curse the one who does the
action of the people of Lot', three times347.
Al-Nuwayri (1272–1332), writing in the 13th century, reported in his Nihaya that
Muhammad is "alleged to have said what he feared most for his community were
the practices of the people of Lot (he seems to have expressed the same idea in regard
to wine and female seduction).
It was narrated that Jabir: "The Prophet said: 'There is nothing I fear for my
followers more than the deed of the people of Lot348."

343
Rowson, Everett K. (30 December 2012) [15 December 2004]. "HOMOSEXUALITY ii. IN ISLAMIC LAW".
Encyclopædia Iranica. Vol. XII/4. New York: Columbia University. pp. 441–445. doi:10.1163/2330-
4804_EIRO_COM_11037. ISSN 2330-4804. Archived from the original on 17 May 2013.
344
Sunan Abu Dawood 4462, Jamiʽ al-Tirmidhi 1456, Sunan ibn Majah 2561
345
Sunan Abu Dawood 4463
346
Wafer, Jim (1997). "Muhammad and Male Homosexuality". In Murray, Stephen O.; Roscoe, Will (eds.). Islamic
Homosexualities: Culture, History, and Literature. New York and London: NYU Press. pp. 88–96.
doi:10.18574/nyu/9780814761083.003.0006. ISBN 9780814774687. JSTOR j.ctt9qfmm4. OCLC 35526232. S2CID
141668547.
347
Musnad Ahmad:1878.
348
Al-Tirmidhi: 1457, Ibn Maajah: 2563

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 The Strix Mythology Demystified

According to Oliver Leaman, Other hadiths seem to permit homoerotic feelings as

long as they are not translated into action349. However, In one hadith attributed to
Muhammad himself, which exists in multiple variants, the Islamic prophet
acknowledged homoerotic temptation towards young boys and warned his
Companions against it: "Do not gaze at the beardless youths, for verily they have
eyes more tempting than the houris350" or "... for verily they resemble the houris".[
These beardless youths are also described as wearing sumptuous robes and having
perfumed hair351. Consequently, Islamic religious leaders, skeptical of Muslim men's
capacity of self-control over their sexual urges, have forbidden looking and yearning
both at males and females.
In addition, there is a number of "purported (but mutually inconsistent) reports"
(athar) of punishments of sodomy ordered by some of the early caliphs. Abu Bakr
apparently recommended toppling a wall on the culprit, or else burning him alive352,
while Ali ibn Abi Talib is said to have ordered death by stoning for one sodomite
and had another thrown head-first from the top of the highest building in the town;
according to Ibn Abbas, the latter punishment must be followed by stoning353.
There are, however, fewer hadith mentioning homosexual behaviour in women354;
but punishment (if any) for lesbianism was not clarified.
Accordingly, the destruction of the"people of Lut" is thought to be explicitly
associated with their sexual practices355. Later exegetical literature built on these

349
Leaman, Oliver (2009). "Homosexuality". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic
World. Oxford: Oxford University Press. ISBN 9780195305135. "This ambiguity is reflected in the ḥadīth of the
Prophet, some of which make a distinction between the partners in a homosexual act, and many of which seem to
permit homoerotic feelings, as long as those feelings are not translated into action."
350
Elyse Semerdjian (2008). "Off the Straight Path": Illicit Sex, Law, and Community in Ottoman Aleppo. Syracuse
University Press. p. 14. ISBN 9780815631736. "one hadith acknowledged the temptation to indulge in sex with young
men: "Do not gaze at the beardless youths, for verily they have eyes more tempting than the houris [big-eyed
maidens].""
351
Elyse Semerdjian (2007). "Islam". In Jeffrey S. Siker (ed.). Homosexuality and Religion: An Encyclopedia.
Greenwood Press. p. 131. "The Prophet also issued warnings such as "do not gaze at the beardless youths, for verily
they have eyes more tempting than the houris" (Wright, 7). These beardless boys are also described as wearing
sumptuous robes and having perfumed hair."
352
Wafer, Jim (1997). "Muhammad and Male Homosexuality". In Murray, Stephen O.; Roscoe, Will (eds.). Islamic
Homosexualities: Culture, History, and Literature. New York and London: NYU Press. pp. 88–96.
doi:10.18574/nyu/9780814761083.003.0006. ISBN 9780814774687. JSTOR j.ctt9qfmm4. OCLC 35526232. S2CID
141668547.
353
ibid.
354
Atighetchi, Dariusch (2007). Islamic bioethics problems and perspectives. New York: Springer Science & Business
Media. p. 149. ISBN 9781402049620.
355
Wafer, Jim (1997). "Muhammad and Male Homosexuality". In Murray, Stephen O.; Roscoe, Will (eds.). Islamic
Homosexualities: Culture, History, and Literature. New York and London: NYU Press. pp. 88–

224
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verses as writers attempted to give their own views as to what went on; and there
was general agreement among exegetes that the "lewdness" alluded to by the
Quranic passages was attempted sodomy (specifically anal intercourse) between
men.
However, some Muslim academics disagree with this interpretation, arguing that the
"people of Lut" were destroyed not because of participation in homosexuality, but
because of misdeeds which included refusing to worship one God, disregarding and
disrespecting the authority of the Prophets and messengers, and attempting to rape
the travelers, despite the fact the travelers were under Lut's protection and
hospitality356.
Despite the Quranic and Haddith prohibitions, Societies in Islam have recognized
"both erotic attraction and sexual behavior between members of the same sex".
However, their attitudes about them have often been contradictory: "severe religious
and legal sanctions" against homosexual behavior and at the same time "celebratory
expressions" of erotic attraction357. Homoeroticism was idealized in the form of
poetry or artistic declarations of love from one man to another358. Accordingly, the
Arabic language had an appreciable vocabulary of homoerotic terms, with dozens of
words just to describe types of male prostitutes359. Schmitt (1992) identifies some
twenty words in Arabic, Persian, and Turkish to identify those who are penetrated360.
Other related Arabic words includes mukhannathun, ma'bûn, halaqī, and baghghā361.
Some Western and Moslem Islamic scholars argue that in course of the Quranic lot
story, homosexuality in the morern sense is not addressed, but the destruction of the
people of Lut was a result of breaking the ancient hospitality law and sexual

96. doi:10.18574/nyu/9780814761083.003.0006. ISBN 9780814774687. JSTOR j.ctt9qfmm4. OCLC 35526232. S2

CID 141668547.
356
Kuggle, Scott; Hunt, Stephen (2012). "Masculinity, Homosexuality and the Defence of Islam: A Case Study of
Yusuf al-Qaradawi's Media Fatwa". Religion and Gender. 2 (2): 271–272.
357
Everett K. Rowson (2004). "Homosexuality". In Richard C. Martin (Ed.). Encyclopedia of Islam and the Muslim
World. MacMillan Reference USA.
358
Rowson, Everett K. (30 December 2012) [15 December 2004]. "HOMOSEXUALITY ii. IN ISLAMIC LAW".
Encyclopædia Iranica. Vol. XII/4. New York: Columbia University. pp. 441–445. doi:10.1163/2330-
4804_EIRO_COM_11037. ISSN 2330-4804.
359
John Boswell (2009). Christianity, Social Tolerance, and Homosexuality: Gay People in Western Europe from the
Beginning of the Christian Era to the Fourteenth Century. University of Chicago Press. pp. 195–. ISBN
9780226067148.
360
Noegel, Scott B.; Wheeler, Brannon M. (2010). Lot. The A to Z of Prophets in Islam and Judaism. Rowman &
Littlefield Publishers, Incorporated. pp. 118–126. ISBN 978-0810876033
361
Rowson, Everett K. (October 1991). "The Effeminates of Early Medina" (PDF). Journal of the American Oriental
Society. American Oriental Society. 111 (4): 671–693. CiteSeerX 10.1.1.693.1504. doi:10.2307/603399. ISSN 0003-
0279. JSTOR 603399. LCCN 12032032. OCLC 47785421. S2CID 163738149. Archived from the original (PDF) on
1 October 2008. Retrieved 7 November 2021.

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violence, in this case, they attempted to rape men. This in essence was a sexual
deviation from the normal hererosexual sex between man and woman.
According to the Encyclopedia of Islam and the Muslim World:
Whatever the legal strictness on sexual activity, the positive expression of male
homoerotic sentiment in Islamic literature was accepted, and assiduously cultivated,
from the late eighth century until modern times. First in Arabic, but later also in
Persian, Turkish and Urdu, love poetry by men about boys more than competed with
that about women, it overwhelmed it. Anecdotal literature reinforces this impression
of general societal acceptance of the public celebration of male-male love (which
hostile Western caricatures of Islamic societies in medieval and early modern times
simply exaggerate)362.

MODERN LAWS IN MUSLIM-MAJORITY COUNTRIES

According to the International Lesbian and Gay Association (ILGA) seven countries
still retain capital punishment for homosexual behavior: Saudi Arabia, Yemen, Iran,
Afghanistan, Mauritania, northern Nigeria363, and the United Arab Emirates364.
Afghanistan also has the death penalty for homosexuality since the 2021 Taliban
takeover365.
In Qatar, Algeria, Uzbekistan, and the Maldives, homosexuality is punished with
time in prison or a fine. This has led to controversy regarding Qatar, which is due to
stage the 2022 FIFA World Cup. Human rights groups have questioned the awarding
in 2010 of the right to host the competition, due to the possibility that gay football
fans may be jailed. In response, Sepp Blatter, head of FIFA, joked that they would
have to "refrain from sexual activity" while in Qatar. He later withdrew the remarks
after condemnation from rights groups366.
Same-sex sexual activity is illegal in Chad since 1 August 2017 under a new penal
code. Before that, homosexuality between consenting adults had not been
criminalized ever prior to this law367.

362
Encyclopedia of Islam and the Muslim World. MacMillan Reference USA. 2004. p. 316.
363
"Homosexuality and Islam". ReligionFacts. 19 July 2005. Archived from the original on 15 April 2015.
364
"Man Accused of "Gay Handshake" Stands Trial in Dubai". Archived from the original on 30 October 2015.
Retrieved 27 October 2015.
365
Ghoshal, Neela, ed. (26 January 2022). ""Even If You Go to the Skies, We'll Find You": LGBT People in
Afghanistan After the Taliban Takeover". www.hrw.org. New York: Human Rights Watch.
366
"Fifa boss Sepp Blatter sorry for Qatar 'gay' remarks". BBC. 17 December 2010.
367
"Loi n°001/PR/2017 Portant Code Pénal (Part 2)" (PDF).

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In Egypt, openly gay men have been prosecuted under general public morality laws.
"Sexual relations between consenting adult persons of the same sex in private are
not prohibited as such. However, the Law on the Combating of Prostitution, and the
law against debauchery have been used to imprison gay men in recent years."[120]
An Egyptian TV host was recently sentenced to a year in prison for interviewing a
gay man in January 2019368.
The Sunni Islamist militant group and Salafi-jihadist terrorist organization
ISIL/ISIS/IS/Daesh, which invaded and claimed parts of Iraq and Syria between
2014 and 2017, enacted the political and religious persecution of LGBT people and
decreed capital punishment for them369.
ISIL/ISIS/IS/Daesh terrorists have executed more than two dozen men and women
for suspected homosexual activity, including several thrown off the top of buildings
in highly publicized executions370.
In India, which has the third-largest Muslim population in the world, and where
Islam is the largest minority religion, the largest Islamic seminary (Darul Uloom
Deoband) has vehemently opposed recent government moves to abrogate and
liberalize laws from the colonial era that banned homosexuality371. As of September
2018, homosexuality is no longer a criminal act in India, and most of the religious
groups withdrew their opposing claims against it in the Supreme Court372.
In Iraq, homosexuality is allowed by the government, but terrorist groups often carry
out illegal executions of gay people. Saddam Hussein was "unbothered by sexual
mores." Ali Hili reports that "since the 2003 invasion more than 700 people have
been killed because of their sexuality." He calls Iraq the "most dangerous place in
the world for sexual minorities373."
In Jordan, where homosexuality is legal, "gay hangouts have been raided or closed
on bogus charges, such as serving alcohol illegally374." Despite this legality, social
attitudes towards homosexuality are still hostile and hateful375.

368
"Egypt's LGBT Crackdown Expands to Stifle Journalists". Human Rights Watch. 25 January 2019.
369
"Amid brazen, deadly attacks, gay Syrians tell of fear of ISIS persecution". CNN. 6 March 2015.
370
Tharoor, Ishaan. "The Islamic State's shocking war on homosexuals". The Washington Post.
371
"After Deoband, other Muslim leaders condemn homosexuality". The Times of India. 1 July 2009.
372
Gettleman, Jeffrey; Schultz, Kai; Raj, Suhasini (6 September 2018). "India Gay Sex Ban Is Struck Down.
'Indefensible,' Court Says". The New York Times.
373
"Straight but narrow". The Economist. 4 February 2012.
374
Ibid.
375
"In Jordan, the LGBTQ+ Community Is Not Criminalized But Still Stigmatized". Fanack.com. 16 February 2019.

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In Pakistan, its law is a mixture of both British colonial law as well as Islamic law,
both which proscribe criminal penalties for same-sex sexual acts. The Pakistan Penal
Code of 1860, originally developed under colonial rule, punishes sodomy with a
possible prison sentence and has other provisions that impact the human rights of
LGBT Pakistanis, under the guise of protecting public morality and order. Yet, the
more likely situation for gay and bisexual men is sporadic police blackmail,
harassment, fines, and jail sentences376.
In Bangladesh, homosexual acts are illegal and punishable according to section 377.
Due to the traditional mentality of the predominantly conservative Bangladeshi
society, negative attitudes towards those in the LGBT community are high. In 2009
and 2013, the Bangladeshi Parliament refused to overturn Section 377377.
In Saudi Arabia, the maximum punishment for homosexual acts is public execution
by beheading378.
In Malaysia, homosexual acts are illegal and punishable with jail, fine, deportation,
whipping or chemical castration. In October 2018, Prime Minister Mahathir
Mohamad stated that Malaysia would not "copy" Western nations' approach towards
LGBT rights, indicating that these countries were exhibiting a disregard for the
institutions of the traditional family and marriage, as the value system in Malaysia
is good379. In May 2019, in response to the warning of George Clooney about
intending to impose death penalty for homosexuals like Brunei, the Deputy Foreign
Minister Marzuki Yahya pointed out that Malaysia does not kill gay people, and will
not resort to killing sexual minorities. He also said, although such lifestyles deviate
from Islam, the government would not impose such a punishment on the group380.
In Indonesia, the country does not have a sodomy law and do not currently
criminalize private, non-commercial homosexual acts among consenting adults,
except in the Aceh province where homosexuality is illegal for Muslims under
Islamic Sharia law, and punishable by flogging. While not criminalising
homosexuality, the country does not recognise same-sex marriage. In July 2015, the
376
"Pakistan Penal Code (Act XLV of 1860)". Pakistani.org. Retrieved 11 February 2014.
377
Pawar, Yogesh|title=Bangladesh Refuses to Abolish Criminalisation of Same-Sex Ties; in Denial about its 4.5
Million-Strong LGBT Community, Dhaka Shoots Down the United Nations Human Rights Commission
Recommendations., 2013. Print
378
Signorile, Michelangelo (19 December 2014). "Saudi Arabia Beheads Gays, but Marco Rubio Has No Problem
With You Traveling There". HuffingtonPost.com.
379
"Mahathir claims LGBT rights are 'Western values' not fit for Malaysia". South China Morning Post. 26 October
2018.
380
Palansamy, Yiswaree (14 May 2019). "LGBT culture against Islamic principles but Malaysia doesn't kill gays,
deputy minister tells George Clooney | Malay Mail". www.malaymail.com. Retrieved 15 May 2019.

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Minister of Religious Affairs stated that it is difficult in Indonesia to legalize Gay

Marriage, because strongly held religious norms speak strongly against it. According
to some jurists, there should be death stoning penalty for homosexuals. While
another group consider flogging with 100 lashes is the correct punishment381.
In Turkey, homosexuality is legal, but "official censure can be fierce". A former
interior minister, İdris Naim Şahin, called homosexuality an example of "dishonour,
immorality and inhuman situations". Turkey held its 16th Gay Pride Parade in
Istanbul on 30 June 2019382.
As the latest addition in the list of criminalizing Muslim countries, Brunei's has
implemented penalty for homosexuals within Sharia Penal Code in stages since
2014. It prescribes death by stoning as punishment for sex between men, and sex
between women is punishable by caning or imprisonment. The sultanate currently
has a moratorium in effect on death penalty383.

DEATH PENALTY
In 2020, the International Lesbian, Gay, Bisexual, Trans and Intersex Association
(ILGA) released its most recent State Sponsored Homophobia Report. The report
found that eleven countries or regions impose the death penalty for "same-sex sexual
acts" with reference to sharia-based laws. In Iran, according to article 129 and 131
there are up to 100 lashes of whip first three times and fourth time death penalty for
lesbians. The death penalty is implemented nationwide in Brunei, Iran, Saudi Arabia,
Afghanistan, Yemen, northern Nigeria, United Arab Emirates, Mauritania and
Somalia. This punishment is also allowed by the law but not implemented in Qatar,
and Pakistan; and was back then implemented through non-state courts by ISIS in
parts of Iraq and Syria (now no longer existing)384.
Due to Brunei's law dictating that gay sex be punishable by stoning, many of its
targeted citizens fled to Canada in hopes of finding refuge. The law is also set to
impose the same punishment for adultery among heterosexual couples. Despite
pushback from citizens in the LGBTQ+ community, Brunei prime minister's office

381
Cammack, Mark (17 April 2016). The Punishment of Islamic Sex Crimes in a Modern Legal System: The Islamic
Qanun of Aceh, Indonesia (Thesis). Southwestern Law School. SSRN 2765884.
382
AFP. "Police break up Istanbul gay pride parade". www.timesofisrael.com.
383
Robertson, Holly (3 April 2019). "Brunei enacts Islamic laws to punish gay sex with stoning to death — here's
what you need to know". ABC.
384
Carroll, Aengus (May 2016). State Sponsored Homophobia 2016: A world survey of sexual orientation laws:
criminalisation, protection and recognition (PDF). International Lesbian, Gay, Bisexual, Trans and Intersex
Association. p. 37.

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produced a statement explaining Brunei's intention for carrying through with the law.
It has been suggested that this is part of a plan to separate Brunei from the western
world and towards a Muslim one385.
In the Chechen Republic, a part of the Russian Federation, Ramzan Kadyrov has
actively discriminated against homosexual individuals and presided over a campaign
of arbitrary detention and extrajudicial killing. It has been suggested that "to
counteract popular support for an Islamist insurgency that erupted after the Soviet
breakup, President Vladimir V. Putin of Russia has granted wide latitude to
[Kadyrov] to co-opt elements of the Islamist agenda, including an intolerance of
gays." Reports of the discrimination in Chechnya have in turn been used to stoke
Islamophobia, racist, and anti-Russia rhetoric. Jessica Stern, executive director of
OutRight Action International, has criticized this bigotry, noting: “Using a violent
attack on men accused of being gay to legitimize islamophobia is dangerous and
misleading. It negates the experiences of queer muslims and essentializes all
muslims as homophobic. We cannot permit this tragedy to be co-opted by ethno-
nationalists to perpetuate anti-Muslim or anti-Russian sentiment. The people and
their government are never the same386.”

MINOR PENALTY
In Algeria, Bangladesh, Chad, Morocco, Aceh, Maldives, Oman, Pakistan,] Qatar,
Syria, and Tunisia, it is illegal, and penalties may be imposed387. In Kuwait,
Turkmenistan and Uzbekistan, homosexual acts between males are illegal, but
homosexual relations between females are legal388.

LEGALIZATION
The Ottoman Empire (predecessor of Turkey) decriminalized homosexuality in
1858. In Turkey, where 99.8% of the population is officially registered as Muslim,
homosexuality has never been criminalized since the day it was founded in 1923389.

385
Rebecca Wright and Alexandra Field (2 April 2019). "Brunei's LGBT community flees 'inhumane' new stoning
laws". CNN.
386
"Russian LGBT Network evacuating 'at risk' people from Chechnya".
387
"Indonesia: Situation of sexual minorities, including legislation, treatment by society and authorities, state
protection and support services available (2013– June 2015)". Immigration and Refugee Board of Canada. 8 July
2015.
388
"Law of the Republic of Uzbekistan On Enactment of the Criminal Code of the Republic of Uzbekistan".
Legislationline.org.
389
Tehmina Kazi (7 October 2011). "The Ottoman empire's secular history undermines sharia claims". The Guardian.

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Same-sex sexual intercourse is legal in Albania, Azerbaijan, Bahrain, Bosnia and

Herzegovina, Burkina Faso, Djibouti (de jure), Guinea-Bissau, Iraq (de jure), Jordan,
Kazakhstan, Kosovo, Kyrgyzstan, Mali, Niger, Tajikistan, Turkey, West Bank (State
of Palestine), Indonesia, and in Northern Cyprus. In Albania and Turkey, there have
been discussions about legalizing same-sex marriage390, Albania, Northern Cyprus,
Bosnia and Herzegovina and Kosovo also protect LGBT people with anti-
discrimination laws.

Same-sex relations between females are legal in Kuwait, Turkmenistan, and

Uzbekistan, but homosexual acts between males are illegal.
In Lebanon, courts have ruled that the country's penal code must not be used to target
homosexuals, but the law has yet to be changed by parliament.

SAME-SEX MARRIAGE
In 2007, there was a gay party in the Moroccan town of al-Qasr al-Kabir. Rumours
spread that this was a gay marriage and more than 600 people took to the streets,
condemning the alleged event and protesting against leniency towards homosexuals.
Several persons who attended the party were detained and eventually six Moroccan
men were sentenced to between four and ten months in prison for
"homosexuality"391.
In France, there was an Islamic same-sex marriage on 18 February 2012. In Paris in
November 2012 a room in a Buddhist prayer hall was used by gay Muslims and
called a "gay-friendly mosque"392, and a French Islamic website is supporting
religious same-sex marriage.
The first American Muslim in the United States Congress, Keith Ellison (D-MN)
said in that all discrimination against LGBT people is wrong. He further expressed
support for gay marriage stating393:
I believe that the right to marry someone who you please are so fundamental it should
not be subject to popular approval any more than we should vote on whether blacks
should be allowed to sit in the front of the bus.

390
Lowen, Mark (30 July 2009). "Albania 'to approve gay marriage'". BBC News.
391
"Al Arabiya: "Morocco sentences gay 'bride' to jail"". alarabiya.net. 12 December 2007.
392
Banerji, Robin (30 November 2012). "Gay-friendly 'mosque' opens in Paris".
393
Taintor, David (9 June 2012). "Keith Ellison: Minnesota Anti-Gay Marriage Amendment Will Fail". Archived
from the original on 11 December 2012.

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In 2014, eight men were jailed for three years by a Cairo court after the circulation
of a video of them allegedly taking part in a private wedding ceremony between two
men on a boat on the Nile394.

394
Tadros, Sherine (6 November 2014). "Crackdown As Men Jailed Over 'Gay Wedding'".

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CHAPTER TWENTY
TRANSGENDER
In the late 1980s, Mufti Muhammad Sayyid Tantawy of Egypt issued a fatwa
supporting the right for those who fit the description of mukhannathun to have sex
reassignment surgery; Ayatollah Khomeini of Iran issued similar fatwas around the
same time. Khomeini's initial fatwa concerned intersex individuals as well, but he
later specified that sex reassignment surgery was also permissible in the case of
transgender individuals. Because homosexuality is illegal in Iran but gender
transition is legal, some gay individuals have been forced to undergo sex
reassignment surgery and transition into the opposite sex, regardless of their actual
gender identity395.
While Iran has outlawed homosexuality, Iranian thinkers such as Ayatollah
Khomeini have allowed for transgender people to change their sex so that they can
enter heterosexual relationships396. It is regarded as a cure for homosexuality, which
is punishable by death under Iranian law. The government even provides up to half
the cost for those needing financial assistance and a sex change is recognized on the
birth certificate397.
On 26 June 2016, clerics affiliated to the Pakistan-based organization Tanzeem
Ittehad-i-Ummat issued a fatwa on transgender people where a trans woman (born
male) with "visible signs of being a woman" is allowed to marry a man, and a trans
man (born female) with "visible signs of being a man" is allowed to marry a woman.
Pakistani transgender persons can also change their (legal) sex. Muslim ritual

395
Hamedani, Ali (5 November 2014). "The gay people pushed to change their gender". BBC Persian. Archived from
the original on 6 November 2014.
396
Alipour, Mehrdad (2017). "Islamic shari'a law, neotraditionalist Muslim scholars and transgender sex-reassignment
surgery: A case study of Ayatollah Khomeini's and Sheikh al-Tantawi's fatwas". International Journal of
Transgenderism. Taylor & Francis. 18 (1): 91–103. doi:10.1080/15532739.2016.1250239. ISSN 1553-2739. LCCN
2004213389. OCLC 56795128. S2CID 152120329.
397
Barford, Vanessa (25 February 2008). "Iran's 'diagnosed transsexuals'". BBC News.

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funerals also apply. Depriving transgender people of their inheritance, humiliating,

insulting or teasing them were also declared haraam398.
In Pakistan, transgender people make up 0.005 percent of the total population 399.
Previously, transgender people were isolated from society and had no legal rights or
protections. They also suffered discrimination in healthcare services. For example,
in 2016 a transgender individual died in a hospital while doctors were trying to
decide which ward the patient should be placed in. Transgender people also faced
discrimination in finding employment resulting from incorrect identity cards and
incongruous legal status. Many were forced into poverty, dancing, singing, and
begging on the streets to scrape by400. However, in May 2018, the Pakistani
parliament passed a bill giving transgender individuals the right to choose their legal
sex and correct their official documents, such as ID cards, driver licenses, and
passports401. Today, transgender people in Pakistan have the right to vote and to
search for a job free from discrimination. As of 2018, one transgender woman
became a news anchor, and two others were appointed to the Supreme Court402.
In Lebanon, transgender women are not given any rights. Discrimination starts from
their own family members when transwomen are forced to leave their house. After
that, transwomen are not allowed to have any connections with their family members
or with their neighbors. Transwomen can't access educational institutions and
medical services. Moreover, transwomen face employment discrimination due to
their wrong identity cards that are not being corrected by the government agencies.
To support themselves financially, the only option often open to transwomen is sex
work, which is not safe for them either. Doing sex work, transwomen are at higher
risk of sexual abuse and violence. No laws are in existence to protect transwomen.
Instead, transwomen are being arrested and put in jail for up to one year for having
same-sex intercourse403.
Although it prohibits homosexuality, Iran is the only Muslim-majority country in the
Persian Gulf region that allows transgender people to express themselves by

398
"Clerics issue fatwa allowing transgender marriage in Pakistan". Samaa Web Desk. 27 June 2016.
399
"Transgenders in Pakistan; challenges and prospects". Daily Times. 18 February 2019. Retrieved 4 November
2019.
400
Rafay, Abdul (15 November 2016). "Discrimination and Violence Against Transgender In Pakistan". Parhlo.
Retrieved 4 November 2019.
401
Ingber, Sasha (9 May 2018). "Pakistan Passes Historic Transgender Rights Bill".
402
"Transgenders in Pakistan; challenges and prospects". Daily Times. 18 February 2019.
403
""Don't Punish Me for Who I Am" | Systemic Discrimination Against Transgender Women in Lebanon". Human
Rights Watch. 3 September 2019.

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recognizing their self-identified gender and subsidizing reassignment surgery404.

Despite this, those who do not commit to reassignment surgery are often seen as
freaks, and due to their refusal to conform they are treated as outcasts405.

PUBLIC OPINION AMONG MUSLIMS

The Muslim community as a whole, worldwide, has become polarized on the subject
of homosexuality. Some Muslims say that "no good Muslim can be gay", and
"traditional schools of Islamic law consider homosexuality a grave sin” At the
opposite pole, "some Muslims . . . are welcoming what they see as an opening within
their communities to address anti-gay attitudes” Especially, it is "young Muslims"
who are "increasingly speaking out in support of gay rights"406.
According to the Albert Kennedy Trust, one in four young homeless people identify
as LGBT due to their religious parents disowning them. The Trust suggests that the
majority of individuals who are homeless due to religious out casting are either
Christian or Muslim. Many young adults who come out to their parents are often
forced out of the house to find refuge in a more accepting place. This leads many
individuals to be homeless or even attempt suicide407.

OPINION POLLS
In 2013, the Pew Research Center conducted a study on the global acceptance of
homosexuality and found a widespread rejection of homosexuality in many nations
that are predominantly Muslim. In some countries, views were becoming more
conservative among younger people408.

MUSLIM LEADERS
SUNNI
In 2017, the Egyptian cleric, Sheikh Yusuf al-Qaradawi (who has served as chairman
of the European Council for Fatwa and Research) was asked how gay people should

404
Bagri, Neha Thirani (19 April 2017). "In Iran, there's only one way to survive as a transgender person". Quartz.
Archived from the original on 21 January 2022.
405
Bagri, Neha Thirani (19 April 2017). "In Iran, there's only one way to survive as a transgender person". Quartz.
406
"Muslim attitudes about LBGT are complex". ReligionNews.com. 17 June 2016.
407
Parry, Nomia Iqbal and Josh (30 July 2019). "LGBT people 'being made homeless due to religion'".
408
"The Global Divide on Homosexuality". Pew Research Center. 4 June 2013.

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be punished. He replied that "there is disagreement," but "the important thing is to

treat this act as a crime409."

SHIA
Iran's current Supreme Leader, Ayatollah Ali Khamenei has stated that "There is no
worst form of moral degeneration than [homosexuality]. ... But it won't stop here. In
the future, not sure exactly when, they will legalize incest and even worse."410
According to the conservative news website Khabaronline, Mohammad Javad
Larijani, Khamenei's close adviser, stated "In our society, homosexuality is regarded
as an illness and malady," and that "Promoting homosexuality is illegal and we have
strong laws against it." He added, "It [homosexuality] is considered as a norm in the
West and they are forcing us to accept it. We are strongly against this."411
Ayatollah Ali al-Sistani in Iraq has stated "It is not permissible for a man to look at
another man with lust; similarly, it is not permissible for a woman to look at another
woman with lust. Homosexuality (Ash-shudhûdh al-jinsi) is harãm. Similarly, it is
forbidden for a female to engage in a sexual act with another female, i.e.
lesbianism412."

JUDIASIM
The subject of homosexuality and Judaism dates back to the Torah. The book of
Vayikra (Leviticus) is traditionally regarded as classifying sexual intercourse
between males as a to'eivah (something abhorred or detested) that can be subject to
capital punishment by the currently non-existent Sanhedrin under halakha (Jewish
law).
Orthodox Jewish protesters holding Anti-LGBT Protest signs during the Gay Pride
parade in Haifa, Israel (2010)
The issue has been a subject of contention within modern Jewish denominations, and
has led to debate and division. Traditionally, Judaism has seen that homosexual

409
Ali, Ayaan Hirsi (13 June 2016). "Islam's Jihad Against Homosexuals". Wall Street Journal. Retrieved 5 April
2017 – via www.WSJ.com.
410
"Iran's Supreme Leader says "There is no worst form of moral degeneration than homosexuality"".
Outrightinternational.org. 27 May 2016.
411
"Iranian human rights official describes homosexuality as an illness". The Guardian. 14 March 2013. Retrieved 6
July 2017.
412
"A Code of Practice For Muslims in the West". sistani.org. Retrieved 6 July 2017.

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male intercourse, and not homosexuality in-and-of-itself, as contrary to Judaism, and

this opinion is still maintained by Orthodox Judaism.
However, Reconstructionist Judaism and Reform Judaism do not hold this view as
both homosexual intercourse and same-sex marriage are recognized. Conservative
Judaism's Committee on Jewish Law and Standards, which until December 2006
held the same position as Orthodoxy, has since issued multiple opinions under its
philosophy of pluralism; one opinion continues to follow the Orthodox position
while another opinion substantially liberalizes the view of homosexual sex and
relationships (while continuing to regard certain sexual acts as prohibited).
Allen Bennett became the first openly gay rabbi in the United States in 1978413
Lionel Blue was the first British rabbi to publicly declare himself as gay, which he
did in 1980.
The Torah (first five books of the Hebrew Bible) is the primary source for Jewish
views on homosexuality. It states that: "[A man] shall not lie with another man as
[he would] with a woman, it is (toeba, meaning abomination 414
(Leviticus 18:22) (Like many similar commandments, the stated punishment for
willful violation is the death penalty, although in practice rabbinic Judaism no longer
believes it has the authority to implement death penalties.)
Orthodox Judaism views homosexual acts as sinful. In recent years, there have been
approaches claiming that only the sexual anal act is forbidden and considered an
abomination by the Torah, while sexual orientation and even other sexual activities
are not considered a sin. Conservative Judaism has engaged in an in-depth study of
homosexuality since the 1990s, with various rabbis presenting a wide array
of responsa (papers with legal arguments) for communal consideration. The official
position of the movement is to welcome homosexual Jews into their synagogues,
and also campaign against any discrimination in civil law and public society, but
also to uphold a ban on anal sex as a religious requirement.
Reform Judaism and Reconstructionist Judaism in North America and Liberal
Judaism in the United Kingdom view homosexuality to be acceptable on the same
basis as heterosexuality. Progressive Jewish authorities believe either that traditional

413
Dana Evan Kaplan (8 August 2005). The Cambridge Companion to American Judaism. Cambridge University
Press. pp. 75–. ISBN 978-0-521-52951-8.
414
Sifre, Acharei Mot, 13:2; Mishneh Torah, Issurei Biah 21:1; Maimonides and Nahmanides debate whether this
law is biblical or rabbinic.

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laws against homosexuality are no longer binding or that they are subject to changes
that reflect a new understanding of human sexuality415. Some of these authorities
rely on modern biblical scholarship suggesting that the prohibition in the Torah was
intended to ban coercive or ritualized homosexual sex, such as those practices
ascribed to Egyptian and Canaanite fertility cults and temple prostitution416.

415
Mishneh Torah, Issurei Biah 1:4

416
Mishneh Torah surei Biah 1:4

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CHAPTER TWENTY-ONE
HOMOSEXUALITY IN THE HEBREW BIBLE

The Bible and homosexuality and Leviticus 18 § Homosexuality

The Book of Leviticus refers to male homosexual sexual practices twice as follows;
"And if a man lies with mankind, as with womankind, both of them have committed
a detestable act: They shall surely be put to death; their blood shall be upon them417."
Based on the above biblical scripture, its evident that homosexuality is biblicaly
condemned and several commentators believe that the verses specifically condemn
the practice of sodomy i.e. anal intercourse between two males418.
Deuteronomy 23:18 tells followers: "None of the daughters of Israel shall be
a kedeshah, nor shall any of the sons of Israel be a Kadesh." This has been interpreted
as prohibiting the "sons of Israel" from serving as a homosexual temple prostitute in
a pagan cult419.

INTERPRETATIONS OF HOMOSEXUAL
RELATIONSHIPS
The story of David and Jonathan is introduced in Samuel 1 (18:1), where it says that
"Jonathan became one in spirit with David, and he loved him as himself". The feeling
is expressed before the men exchanged a single word in an interaction that has been
described as philia or love at first sight. The relationship
between David and Jonathan has also been compared more explicitly to other
ambiguously homoerotic or homosexual relationships in Near Eastern literature,

417
Hebrew-English Bible Leviticus 20:13.
418
Babylonian Talmud Sanhedrin 54a and b; Josephus, Against Apion 2.199; and Philo, Abraham 135.
419
Deuteronomy 23:17.

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including by the Near Eastern scholar Cyrus H. Gordon, who noted the instance in
the Book of Jashar, excerpted in Samuel 2 (1:26), in which David "proclaims that
Jonathan's love was sweeter to him than the love of a women" as being similar
to Achilles' comparison of Patroclus to a girl and Gilgamesh's love for Enkidu" as a
woman"420.
The story of Ruth and Naomi in the Book of Ruth is also occasionally interpreted as
the story of a lesbian couple421.
Rabbinic Jewish application and interpretation of these verses

PROHIBITIONS FOR HOMOSOCIAL INTERACTION

The laws of negiah prohibit affectionate touch between an unmarried man and
woman (except close relatives), because this touch is considered "approaching" a
forbidden relationship422. As gay male sex is included in the category of arayot along
with other sexual prohibitions423, the prohibition of negiah would seem to also apply
between two gay men. Nevertheless, some sources raise the possibility that the law
may be more lenient for two men than for a man and a woman. The consensus seems
to be that touch between gay men which involves sexual desire is rabbinically
forbidden, while touch which does not involve sexual desire is permitted.
Another issue is the prohibition of yichud (seclusion of two individuals together in
a manner that would allow them to have sex). The Talmud records a debate over
whether yichud applies to any two men424. Maimonides, Tur, and Shulchan
Aruch rule leniently, that yichud of two men is permitted, because "Jews are not
suspected of homosexual sex"425. Nevertheless, the Shulchan Aruch recommended

420
Horner 1978, p. 19.
421
"Finding Our Past: A Lesbian Interpretation of the Book of Ruth", by Rebecca Alpert, in Reading Ruth:
Contemporary Women Reclaim a Sacred Story, edited by J. A. Kates and G.T. Reimer (1994).
422
Sifre, Acharei Mot, 13:2; Mishneh Torah, Issurei Biah 21:1; Maimonides and Nahmanides debate whether this
law is biblical or rabbinic.
423
Mishneh Torah, Issurei Biah 1:4
424
Mishna Kiddushin 4:14; Kiddushin 82a
425
Mishneh Torah, Issurei Biah 22:2; Tur Even Haezer 24:1; Shulchan Aruch Even Haezer 24:1

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to avoid such yichud, "in these generations where promiscuous people are common"
(possibly a reference to the use of Köçek dancer-prostitutes in the Ottoman Empire
at the time). However, this recommendation was not repeated by later authorities426.
Based on the above precedents that yichud can apply to two men in a circumstance
where homosexual behavior is a concern, a modern halakhic authority rules that two
men cannot be alone together if both of them are homosexual. Opinions also exist
that the prohibition only applies to two men who are in a relationship with each
other, or that there is no technical prohibition at all if they are confident they can
avoid forbidden touch (but they should still avoid sharing a bedroom)427.

APPLICABILITY OF BIBLICAL DEATH PENALTY

Like many similar commandments, the stated punishment for willful violation was
the death penalty, though minors under 13 years of age were exempt from this, as
from any other penalty428. However, even in Biblical times, it was very difficult to
get a conviction that would lead to this prescribed punishment. The Jewish Oral
Law states that capital punishment would be applicable only if two men were caught
in the act of anal sex, if there were two witnesses to the act, if the men involved were
warned that they committed a capital offense, and the two men — or the willing
party, in case of rape — subsequently acknowledged the warning but continued to
engage in the prohibited act anyway. In fact, there is no account of capital
punishment, in regards to this law, in Jewish history.
Rabbinic tradition understands the Torah's system of capital punishment to not be in
effect for the past approximately 2,000 years, in the absence of
a Sanhedrin and Temple429.
Classical rabbinic Jewish sources do not specifically mention that
homosexual attraction is inherently sinful. However, someone who has had
homosexual intercourse is considered to have violated a prohibition430. If he
426
For example: Yam Shel Shlomo, Kiddushin 4:23; Rema, Yoreh Deah 153:1; Vilna Gaon, Yoreh Deah 153:3; Aruch
Hashulchan, Even Haezer 24:6
427
Yonatan Rosensweig.
428
"Sanhedrin 54a:29". www.sefaria.org.
429
Samuel J. Levine (1997–1998). "Capital Punishment in Jewish Law and its Application to the American Legal
System: A Conceptual Overview". St. Mary's Law Journal. 29: 1037–1051
430
"Sanhedrin 54a:29". www.sefaria.org.

241
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does teshuva (repentance), i. e., he ceases his forbidden actions, regrets what he has
done, apologizes to God, and makes a binding resolution never to repeat those
actions, he is seen to be forgiven by God431.

LESBIAN SEXUAL ACTIVITY

Although lesbianism is not explicitly prohibited in the Hebrew Bible, sexual liaisons
between women are forbidden by Orthodox rabbinical literature. The Talmud
discusses tribadism (women rubbing genitals together, or "nashim mesolelot")
without explicitly prohibiting it; the main concern was whether or not this activity
removed their status as a virgin, making them ineligible to marry a member of the
priesthood. However, the Sifra condemned marriage between two women,
considering it within the category of licentious foreign behavior which is forbidden
to Jews432. Following this lead, later halakhic codes prohibited tribadism on the same
grounds433. The penalty for lesbian acts was flagellation, rather than the death
penalty434.

431
Maimonides, Mishneh Torah, Laws of Repentance, Chapter 2.
432
Sifra, Acharei Mot 13:10
433
Mishneh Torah, Issurei Biah 21:8
434
Encyclopaedia Judaica | vol 9 | second edition | pg 518 | Homosexuality

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CHAPTER TWENTY-TWO
SAME-SEX MARRIAGE IN THE MIDRASH AND THE
TALMUD
The Babylonian Talmud is one of the few ancient religious texts that refers to same-
sex marriage: "Ulla said: Non-Jews [litt. Bnei Noach, the progeny of Noah] accepted
upon themselves thirty mitzvot [divinely ordered laws], but they only abide by three
of them: The first one is that they do not write marriage documents for male couples,
the second one is that they don't sell dead [human] meat by the pound in stores, and
the third one is that they respect the Torah.'435
Sifra states: "'Like the deeds of the land of Egypt where you dwelt, you shall not
do'436 - What would they do? A man would marry a man, a woman would marry a
woman..."437

REASONS FOR THE PROHIBITION

Reasons suggested by the rabbis for the prohibition on gay male sex include the
following:
 It is forbidden by the L-D own words for Jews to engage in homosexual
activty because it is an Abomination under Leviticus 18:22, Leviticus 20:13438
 It is considered a defiance of sexual anatomy, which is unlike God's intention
of procreation and sexual activity439
 The sexual arousal involved results in a vain emission of semen440

435
Chullin 92ab
436
Hebrew-English Bible Leviticus 18:3
437
Sifra, on Leviticus 18:3
438
Hebrew-English Bible Leviticus 18:22, Leviticus 20:13.
439
Eisenberg, Ronald (2005), The 613 Mitzvot: A Contemporary Guide to the Commandments of Judaism, Schreiber
Publishing, p. 325, ISBN 0-88400-303-5; a similar list appears in Lamm, Maurice (1991), The Jewish Way in Love
and Marriage, Jonathan David Publishers, Inc., ISBN 0-8246-0353-2.
440
Rabbi Joel Roth. Homosexuality rabbinicalassembly.org 1992.

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 It may lead a man to abandon his family to pursue a homosexual

relationship441
 It is non-procreative442

Orthodox Jewish views

While a variety of views regarding homosexuality as an inclination or status exist
within the Orthodox Jewish community, Orthodox Judaism generally prohibits
homosexual conduct. While there is some disagreement about which male
homosexual acts come under core prohibitions, the majority of Orthodox Judaism
puts male-male anal sex in the category of yehareg ve'al ya'avor, "die rather than
transgress", the small category of Biblically-prohibited acts (also including murder,
idolatry, adultery, and incest) which an Orthodox Jew is obligated under the laws
of Self-sacrifice under Jewish Law to die rather than do.[40] According to the Talmud,
homosexual acts are forbidden between non-Jews as well, and this is included among
the sexual restrictions of the Noachide laws.[41] The archetypal model in Judaism is
marital heterosexuality with fornication, celibacy, adultery, homosexuality, incest
and bestiality seen to be part of a continuous prism of wrong.[42]
In a speech given in 1986, the Lubavitcher Rebbe, Rabbi Menachem Mendel
Schneerson, discussed "individuals who express an inclination towards a particular
form of physical relationship in which the libidinal gratification is sought with
members of one's own gender". He wrote that "society and government must be to
offer a helping hand to those who are afflicted with this problem".[43]
In a 2008 open letter distributed to Orthodox community leaders,
the Hod organization appealed to the Orthodox community to recognize them as part
of the religious society.[44] Up to 2013, 163 Orthodox rabbis from Israel and abroad
signed this statement, including Yuval Cherlow, Binyamin Lau, Haim
Navon,i Daniel Sperber, Eliezer Melamed, Shai Piron, and Yehuda Gilad.[citation
needed]
In 2010, TorahWeb.org published a brief position statement entitled "Torah
View on Homosexuality", co-authored by Rav Hershel Schachter, Rav Mordechai
Willig, Rav Michael Rosensweig, and Rav Mayer Twersky.[45][non-primary source needed]

441
Tosafot, the Rosh and the Ran.
442
Rabbi Joel Roth. Homosexuality rabbinicalassembly.org 1992.

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On July 22, 2010, a "Statement of Principles on the Place of Jews with a Homosexual
Orientation in Our Community" was released.[46] It was written primarily
by Nathaniel Helfgot, Aryeh Klapper, and Yitzchak Blau. Signatories include more
than a hundred rabbis and laypeople. Some of the statement's more notable
supporters are Rabbi Marc Angel, co-founder of The Rabbinic Fellowship; Rabbi
Shlomo Riskin, founder of Lincoln Square Synagogue, Efrat, and Ohr Torah Stone
Institutions; and Rabbi Avi Weiss, head of the Hebrew Institute of Riverdale,
founder of Yeshivat Chovevei Torah and Yeshivat Maharat, and co-founder of The
Rabbinic Fellowship.
An edict signed by dozens of Israeli Orthodox rabbis and published in 2016 by the
Israeli Modern Orthodox rabbinic group Beit Hillel, a group which promotes
inclusiveness in Orthodox Judaism, stated, in part, "According to the Torah and
halacha, the [same-sex sexual] acts are forbidden, but not the proclivities, and
therefore, people with same-sex tendencies, men and women, have no invalidation
in halacha or tradition. They are obligated by the commandments of the Torah, they
can fulfill a [ritual] obligation on behalf of the public, and carry out all of the
community functions just like any member."[48] It also stated, in part, "Just as it [is]
inconceivable to mock someone for being physically, behaviorally, or mentally
different, so too those with same-sex tendencies should not be mocked. On the
contrary, those around them — family and community — should show special
feeling for them, and apply to them the Torah commandment of 'Love thy neighbor
as thyself' and to be diligent in avoiding the prohibition of insulting another."[48]
Rabbi Dr. Immanuel Jakobovits describes the traditional opinion on homosexuality
as follows: "Jewish law [...] rejects the view that homosexuality is to be regarded
merely as a disease or as morally neutral... Jewish law holds that no hedonistic ethic,
even if called "love", can justify the morality of homosexuality any more than it can
legitimize adultery or incest, however genuinely such acts may be performed out of
love and by mutual consent."[49] Rabbi Norman Lamm argued that some (although
not all) homosexuals should be viewed as diseased and in need of compassion and
treatment, rather than willful rebels who should be ostracized. He distinguishes
between six varieties of homosexuals, including "genuine homosexuals" who have
"strong preferential erotic feelings for members of the same sex", "transitory" and
"situational" homosexuals who would prefer heterosexual intercourse but are denied
it or seek gain in homosexuality, and heterosexuals who are merely curious.

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CHAPTER TWENTY-THREE
ORTHODOX JEWS WHO ARE HOMOSEXUAL
When Steven Greenberg, who received Orthodox rabbinic ordination, publicly
announced in 1999 that he was homosexual, there was a significant response from
rabbis of all denominations reported in the Jewish newspapers. Rabbi Moshe
Tendler, a leading rabbi at Yeshiva University, stated, "It is very sad that an
individual who attended our yeshiva sunk to the depths of what we consider a
depraved society." As Greenberg has a rabbinic ordination from the Orthodox
rabbinical seminary of Yeshiva University (RIETS), he is generally described as the
first openly gay Orthodox Jewish rabbi. However, some Orthodox Jews, including
many rabbis, dispute his being an Orthodox rabbi.
Orthodox Israeli rabbi Ron Yosef became in 2009 the first Israeli Orthodox Rabbi to
come out, by appearing in Uvda [he] ("Fact"), Israel's leading investigative
television program, in an episode regarding conversion therapies in Israel. Yosef
remains in his position as a pulpit Rabbi. Yosef testified that his Yemenite
congregation did not accept him being a homosexual very easily and it took them a
while to accept it. Yosef received death threats in the year leading up to the 2009 Tel
Aviv gay centre shooting. In 2013, he stated he is in a relationship with a man. Yosef
has stated his approach to the issue of homosexuality in Judaism as follows: "It is
clear to me that lying with another man is forbidden, and our starting point is
commitment to halacha and Torah. The goal is not to seek permission. But you need
to give us a shoulder and support."
In 2019 Daniel Atwood became the first openly gay Orthodox person to be ordained
as a rabbi; he was ordained by the rabbi Daniel Landes, in Jerusalem.

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CHAPTER TWENTY-FOUR
EX-GAY ORGANIZATIONS
JONAH was a Jewish ex-gay organization that focuses on "prevention, intervention,
and healing of the underlying issues causing same-sex attractions". In 2012, four
former clients of JONAH sued the organization for fraud, claiming that it sold them
therapies that were ineffective and counterproductive. Soon after in that same year,
the Rabbinical Council of America (RCA), a professional association of more than
1,000 Orthodox rabbis around the world, sent an open email to its members that it
no longer supported conversion therapy generally, or JONAH specifically.] In 2015,
a New Jersey jury found JONAH guilty of consumer fraud for promising to be able
to change its clients' sexual urges and determined its commercial practices to be
unconscionable.[62] As part of the sentence, JONAH was required to cease all
operations, but continues to operate under the name JIFGA as of 2018.

OTHER VIEWPOINTS
Jiří Mordechai Langer, who studied in the Hasidic community of Belz, arrived in the
land of Israel in 1940. "His reconciliation of homosexuality and Judaism involved
...a homosexual Jewish theology; ...a sociology of Jewish homosexuality in
Hasidism".
The late UK Chief Rabbi Jonathan Sacks wrote the foreword to Rabbi Chaim
Rapoport's book Judaism and Homosexuality: An Authentic Orthodox View. In the
foreword, Rabbi Sacks has written: "Compassion, sympathy, empathy,
understanding - these are essential elements of Judaism. They are what homosexual
Jews who care about Judaism need from us today."
Modern Orthodox leader Rabbi Aharon Lichtenstein is reported to have said that the
intensity of Orthodox community's condemnation of homosexuality goes beyond
what its status as a religious transgression warrants, and that he feels toward
homosexual people "criticism, disapproval, but tempered with an element of
sympathy".

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In both the United States and in Israel several groups have sprung up in the last few
years that seek to support those who identify as both Orthodox and homosexual;
support Orthodox parents of LGBT children; and promote understanding of
homosexuality within Orthodox communities and among Orthodox rabbis. These
include an umbrella organization called Eshel, the Gay and Lesbian Yeshiva Day
School Alumni Association, the women's group OrthoDykes, the youth
group JQYouth, the American-Israeli group headquartered in Jerusalem Bat Kol and
the Israeli group Hod ("Majesty"). In 2012, Hod held an advertising campaign
against conversion therapies and for self-acceptance of the religious homosexual
community in Israel. Online blogs and support groups have enabled many to find
other Orthodox LGBT people with whom to share the conflict between Orthodox
religious and social norms and LGBT self-identification.[76]
Orthodox Rabbis Shmuley Boteach and Zev Farber have questioned the opposition
of Orthodox groups to government recognition of same-sex civil marriages (or in
Boteach's case, to state-sanctioned civil unions), arguing that although Judaism does
not condone homosexuality, governments should not enforce any particular
religion's view of marriage, and that conferring civil benefits to committed
homosexual couples should be viewed as promoting family values. Boteach wrote
in a 2010 Wall Street Journal op-ed column on homosexuality that he does not deny
that there is a biblical prohibition on male same-sex relationships and a
commandment for men and women to marry and have children. Still, he understands
those in context. "There are 613 commandments in the Torah... So, when Jewish gay
couples tell me they have never been attracted to members of the opposite sex and
are desperate alone, I tell them "You have 611 commandments left. That should keep
you busy. Now, go create a kosher home ... you are His beloved children." Five years
later he wrote that he believed in the equality of all of God's children, and has seen
too much homophobia in his life.[80] He believes that the biggest threat to marriage
doesn't come from gay marriage, but heterosexual divorce, which he says afflicts
half of marriages. He opposes government involvement at all in recognizing
marriage, but supports state-sanctioned "civil unions" for all. Orthodox
Rabbi Shmuly Yanklowitz declared that the Jewish values of justice, equality, and
dignity lead him to support the cause of gay rights and advocate for same-sex civil
marriage.
In November 2016, dozens of LGBT activists protested in Jerusalem against
comments reportedly made by the city's chief rabbi Rabbi Shlomo Amar, who

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reportedly told an Israeli newspaper that gay people were an "abomination", and
homosexuality a "cult".
In 2017, the Senior Rabbi of the Spanish & Portuguese Sephardi Community Joseph
Dweck gave a class describing "the entire revolution of feminism and even
homosexuality in our society ... is a fantastic development for humanity". These
words were condemned by Rabbi Aaron Bassous as "false and misguided ... corrupt
from beginning to end"443. This affair caused Dweck to step down from the
Sephardic Beth Din but not as a communal leader444.
In 2019, Rabbi Daniel Landes wrote, "Leviticus 18:22 ... has not been erased from
the Torah. But that biblical commandment does not give us license to ignore or abuse
the significant number of carefully observant Jews who are LGBTQ."445
There are flim documentaries about Orthodox homosexuals in recent years and these
include Trembling Before G-d, Keep Not Silent, and Say Amen.

Conservative Judaism
As a matter of both Jewish law and institutional policy, Conservative ("Masorti")
Judaism has wrestled with homosexuality issues since the 1980s.
Herschell Matt a conservative Jewish writer initially argued that homosexuals may
be excused because Judaism does recognise 'constraint' as a valid excuse to disobey
the law. However, Matt later shifted to outright support for homosexuality, viewing
it as part of the natural order. Conservative Rabbi Robert Kirshchner states that Jews
have historically adapted their laws to new circumstances, indicating
accommodation for homosexuality446.

443
Sherwood, Harriet (18 June 2017). "Chief rabbi intervenes in Orthodox rabbis' row over homosexuality" The
Guardian
444
Rocker, Simon (19 July 2017). "Rabbi Dweck can remain as Sephardi leader, rabbinic panel says". The Jewish
Chronicle.
445
Landes, Daniel. "We Need Gay Orthodox Rabbis." Jewish Journal. 28 May 2019. 28 May 2019.
446
David L. Balch (2000). Homosexuality, Science, and the "plain Sense" of Scripture. Wm. B. Eerdmans Publishing.
pp. 293–. ISBN 978-0-8028-4698-3. Herschell Matt, a Conservative Jewish thinker, moved away from the category
of 'illness' to speaking of 'sexual deviance, malfunctioning, or abnormality-usually unavoidable and often
irredemediable. Matt recignized traditional reasons for condemning homosexuality, but argued that Halakah
(traditional law) recognizes the category of 'constraint' (me'ones) excusing one in circumstances beyond one's control.
Because there is no possibility of change to a hetereosexual preference, the homosexual should be considered to be
acting under 'constraint'. A decade later, Matt went further and rejected his own suggestion that homosexuals should
be tolerated because they are acting out of uncontrollable compulsion. Homosexuality is rather part of God's creation;
therefore, gay men and lesbians may be ordained to the rabbinate. Matt went further than many other Conservative
Jews, but virtually all Jewish writers support the decriminalization of private sexual acts. Another Conservative Rabbi,

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CHAPTER TWENTY-FIVE
THE JEWISH THEOLOGICAL SEMINARY OF
AMERICA WHICH IS THE MAIN RABBINICAL
SEMINARY OF CONSERVATIVE JUDAISM

The Committee on Jewish Law and Standards (CJLS) of the Rabbinical

Assembly makes the movement's decisions concerning Jewish law. In 1992, the
CJLS action affirmed its traditional prohibition on homosexual conduct, blessing
same-sex unions, and ordaining openly gay/lesbian/bisexual clergy. However, these
prohibitions grew increasingly controversial within the Conservative movement.
In 2006, the CJLS shifted its position and paved the way for significant changes
regarding the Conservative movement's policies toward homosexuality. On
December 6, 2006, The CJLS adopted three distinct responsa reflecting very
different approaches to the subject. One responsum substantially liberalized
Conservative Judaism's approach including lifting most (but not all) classical
prohibitions on homosexual conduct and permitted the blessing of homosexual
unions and the ordination of openly gay/lesbian/bisexual clergy. Two others
completely retained traditional prohibitions. Under the rules of the Conservative
movement, the adoption of multiple opinions permits individual Conservative
rabbis, congregations, and rabbinical schools to select which opinion to accept, and
hence to choose individually whether to maintain a traditional prohibition on
homosexual conduct or to permit openly gay/lesbian/bisexual unions and clergy.
The liberalizing responsum, adopted as a majority opinion by 13 of 25 votes, was
authored by Rabbis Elliot N. Dorff, Daniel Nevins, and Avram Reisner. It lifted most
restrictions on homosexual conduct and opened the way to the ordination of openly
gay/lesbian/bisexual rabbis and cantors and acceptance of homosexual unions, but

Robert Kirshchner, pointed out that 'in the interpretation of Jewish tradition, where there is a halachic will, there is a
halachic way. In other words, if our understanding of a situation changes, we Jews have always found a way to make
the law fit in with our new understanding’

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stopped short of religiously recognizing same-sex marriage. The responsum invoked

the Talmudic principle of kavod habriyot, which the authors translated as "human
dignity", as authority for this approach. The responsum maintained a prohibition on
male-male anal sex, which it described as the sole Biblically prohibited homosexual
act. This act remains a yehareg ve'al ya'avor ("die rather than transgress" offense)
under the decision447.
Two traditionalist responsa were adopted. A responsum by Rabbi Joel
Roth448, adopted as a majority opinion by 13 votes, reaffirmed a general complete
prohibition on homosexual conduct. A second responsum by Rabbi Leonard Levy,
adopted as a minority opinion by 6 votes, delineated ways in which to ensure that
gays and lesbians would be accorded human dignity and a respected place in
Conservative communities and institutions while maintaining the authority of the
traditional prohibitions against same-sex sexual activity.
However, the Committee rejected the fourth paper by Gordon Tucker which would
have lifted all restrictions on homosexual sexual practices.
The consequences of the decision have been mixed. On the one hand, four members
of the Committee - Rabbis Joel Roth, Leonard Levy, Mayer RabinowitZ, and Joseph
Prouser- resigned from the CJLS following adoption of the change449. On the other
hand, the Ziegler School of Rabbinic Studies of the University of Judaism (now
the American Jewish University) in Los Angeles had previously stated that it will
immediately begin admitting gay/lesbian/bisexual students as soon as the law
committee passes a policy that sanctions such ordination450. On March 26, 2007,
the Jewish Theological Seminary of America in New York followed suit and began
accepting openly gay/lesbian/bisexual candidates for admission for their Rabbinical
program451.

447
"Elliott N. Dorff, Daniel Nevins, and Avram Reisner. Homosexuality, Human Dignity, and Halakha. Committee
on Jewish Law and Standards, Rabbinical Assembly, December 6, 2006" (PDF). Archived from the original (PDF) on
April 13, 2008.
448
Rebecca Spence (December 8, 2006). "Conservative Panel Votes to Permit Gay Rabbis" The Jewish Daily
Forward. Archived from the original on December 8, 2006. Retrieved November 26, 2014.
449
Ben Harris (2006-12-06). "Conflicting Conservative opinions expected to open the way for gays”. Jewish
Telegraphic Agency. Archived from the original on 11 December 2006. Retrieved 2006-12-07.
450
Rebecca Spence (December 8, 2006). "Conservative Panel Votes to Permit Gay Rabbis” ... The Jewish Daily
Forward. Archived from the original on December 8, 2006. Retrieved November 26, 2014.
451
"Chancellor-elect Eisen's Letter to the Community". The Jewish Theological Seminary. March 26, 2007. Archived
from the original on December 4, 2014. Retrieved November 26, 2014.

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In June 2012, the American branch of Conservative Judaism formally approved

same-sex marriage ceremonies in a 13–0 vote452 which led into a marriage of two
Conservative Rabbis bin 2021, first known example of two Rabbis of the same sex
marrying each other.
Although the American example was initially an outlier in the global Conservative
movement, it is now the case that "all Masorti seminaries, except for the one in
Argentina, now accept openly gay students"453. Since 2014 in the United Kingdom
the Masorti movement offers a Shutafut ("partnership") ceremony to same-gender
couples wishing to marry in a Conservative religious ceremony.
The Shutafut contains many of the iconic elements of a traditional Jewish wedding
service - the chupah, the seven blessings, the wine, the glass breaking, but without
the symbolic act of acquisition in a traditional Jewish wedding.
In Israel, the head of the Masorti's Vaad Halakha (equivalent to the CJLS),
Rabbi David Golinkin, wrote to the CJLS protesting its reconsideration of the
traditional ban on homosexual conduct. Despite the contention within the Israeli
movement however in the same year, Israel's Schechter Rabbinical Seminary
sanctioned the training of openly gay Rabbis.
Hungary's Neolog movement - distinct from but seen as a fraternal counterpart and
in some ways spiritual ancestor of the modern Masorti movement - has been more
divided. Although not embracing and providing for same-gender marriage or full
inclusion in Jewish life, Mazsihisz, the main representative umbrella body for
Neolog Judaism, has affirmed its opposition to exclusion by homophobia and in
2013 dismissed the director of its youth movement for making comments about
excluding gay people from all religious life for their sexual orientation. In 2021 the
President of Mazsihisz was made to apologise for signing a Joint Declaration of the
Churches on the Holiness of Marriage that held "the sanctification of the woman-
man relationship by marriage is the foundation of human dignity". His critics
included Mazsihisz's Chief Rabbi and earlier that same year the movement made a
statement widely seen as condemning new Hungarian laws limiting the exposure of
children to content referencing homosexuality.

452
"Conservative Judaism has just celebrated its first same-sex wedding between rabbis’... Pink News. November 6,
2021. Retrieved April 28, 2022.
453
Keshet UK. "Denominational perspectives on LGBT inclusion” (PDF). Archived from the original (PDF) on April
28, 2022. Retrieved April 28, 2022.

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Rabbi Bradley Artson, Dean of the Rabbinic School at American Jewish University,
claims to have studied every reference he could find to homosexual activity
mentioned in ancient Greek and Latin writers. Every citation he found described an
encounter between males where one party, the master, physically abused another,
the slave. Rabbi Artson could not find a single example where one partner was not
subservient to the other. "Homosexual relationships today", Rabbi Artson says,
"should not be compared to the ancient world. I know too many homosexual
individuals, including close friends and relatives, who are committed to one another
in loving long-term monogamous relationships. I know too many same-sex couples
that are loving parents raising good descent ethical children. Who's to say their
family relationships are less sanctified in the eyes of God than mine is with my wife
and our children?"

REFORM JUDAISM.
The Reform Judaism movement which is the largest branch of Judaism in North
America, has rejected the traditional view of Jewish Law on homosexuality and
bisexuality. As such, they do not prohibit the ordination of openly gay, lesbian, and
bisexual people as rabbis and cantors. They view Levitical laws as sometimes seen
to be referring to prostitution, making it a stand against Jews adopting the idolatrous
fertility cults and practices of the neighbouring Canaanite nations, rather than a
blanket condemnation of same-sex intercourse, homosexuality, or bisexuality.
Reform authorities consider that, in light of what is seen as current sci entific
evidence about the nature of homosexuality and bisexuality as inborn sexual
orientations, a new interpretation of the law is required.
The Reform Jewish community recognized the world’s first explicitly gay-and-
lesbian- centred synagogue called Beth Chayim Chadashim in1972 established in
West Los Angeles, resulting in a slew of non-Orthodox congregations being
established along similar lines. Beth Chayim Chadashim currently focuses on the
entire LGBTQIA+ community, rather than just gays and lesbians.
The Central Conference of American Rabbis (CCAR) the Union for Reform
Judaism's principal body in 1977 adopted a resolution calling for decriminalizing
legislation of homosexual acts between consenting adults, and calling for an end to

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discrimination against gays and lesbians454. The resolution called on Reform Jewish
organizations to develop programs to implement this stand.
Reform rabbi Lionel Blue was the first British rabbi to publicly declare himself as
gay, which he did in 1980.
In the late 1980s, the primary seminary of the Reform movement, Hebrew Union
College-Jewish Institute of Religion, changed its admission requirements to allow
openly gay and lesbian people to join the student body.
In 1990, the Union for Reform Judaism announced a national policy declaring
lesbian and gay Jews to be full and equal members of the religious community. Also,
in 1990, the CCAR officially endorsed a report of their own Ad Hoc Committee on
Homosexuality and the Rabbinate.This position paper urged that "all rabbis,
regardless of sexual orientation, be accorded the opportunity to fulfill the sacred
vocation that they have chosen”. The committee endorsed the view that "all Jews are
religiously equal, regardless of their sexual orientation"455.
In 1996, the CCAR passed a resolution approving the same-sex civil marriage.
However, this same resolution made a distinction between civil marriages and
religious marriages; this resolution thus stated:
However, we may understand homosexuality, whether as an illness, as a genetically
based dysfunction or as a sexual preference and lifestyle—we cannot accommodate
the relationship of two homosexuals as a "marriage" within the context of Judaism,
for none of the elements of qiddushin (sanctification) normally associated with
marriage can be invoked for this relationship456.
The Central Conference of American Rabbis support the right of gay and lesbian
couples to share fully and equally in the rights of civil marriage, and
That the CCAR oppose governmental efforts to ban gay and lesbian marriage.
That this is a matter of civil law, and is separate from the question of rabbinic
officiation at such marriages.

454
"CCAR". Ccarnet.org. Archived from the original on 2015-03-09. Retrieved 2015-03-16.
455
"CCAR". Ccarnet.org. Archived from the original on 2015-03-09. Retrieved 2015-03-16.
456
"Question 18.3.8: Reform's Position On...Homosexuality". Soc.Culture. Jewish Newsgroups. Retrieved November
26, 2014.

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In 1998, an ad hoc CCAR committee on Human Sexuality issued its majority report
(11 to 1, 1 abstention) which stated that the holiness within a Jewish marriage "may
be present in committed same-gender relationships between two Jews and that these
relationships can serve as the foundation of stable Jewish families, thus adding
strength to the Jewish community". The report called for the CCAR to support rabbis
in officiating at same-sex marriages. Also in 1998, the Responsa Committee of the
CCAR issued a lengthy teshuvah (rabbinical opinion)[109] that offered detailed
argumentation in support of both sides of the question whether a rabbi may officiate
at a commitment ceremony for a same-sex couple.
In March 2000, the CCAR issued a new resolution stating that "We do hereby
resolve that the relationship of a Jewish, same-gender couple is worthy of
affirmation through appropriate Jewish ritual and further resolve, that we recognize
the diversity of opinions within our ranks on this issue. We support the decision of
those who choose to officiate at rituals of union for same-sex couples, and we
support the decision of those who do not."
Also in 2000, Hebrew Union College-Jewish Institute of Religion established
the Institute for Judaism, Sexual Orientation & Gender Identity to "educate HUC-
JIR students on lesbian, gay, bisexual, and transgender issues to help them challenge
and eliminate homophobia and heterosexism; and to learn tools to be able to
transform the communities they encounter into ones that are inclusive and
welcoming of LGBT Jews". It is the first and only institute of its kind in the Jewish
world.
In 2003, the Union for Reform Judaism retroactively applied its pro-rights policy on
gays and lesbians to the bisexual and transgender communities, issuing a resolution
titled, "Support for the Inclusion and Acceptance of the Transgender and Bisexual
Communities".
Also in 2003, Women of Reform Judaism issued a statement describing their support
for human and civil rights and the struggles of the bisexual and transgender
communities, and saying, "Women of Reform Judaism accordingly: Calls for civil
rights protections from all forms of discrimination against bisexual and transgender
individuals; Urges that such legislation allows transgender individuals to be seen
under the law as the gender by which they identify; and Calls upon sisterhoods to
hold informative programs about the transgender and bisexual communities."
In 2009, Siddur Sha'ar Zahav, a prayer book written to address the lives and needs
of LGBTQ as well as heterosexual and cisgender Jews, was published.
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In 2014, the CCAR joined a lawsuit challenging North Carolina's ban on same-sex
marriage, which is America's first faith-based challenge to same-sex marriage bans.
In 2015, Rabbi Denise Eger became the first openly gay president of the CCAR.
Also in 2015, the High Holy Days Reform Jewish prayer book Mishkan
HaNefesh was released; it is intended as a companion to Mishkan T'filah. Mishkan
HaNefesh can be translated as "sanctuary of the soul". It replaces a line from the
Reform movement's earlier prayerbook, "Gates of Repentance", that mentioned the
joy of a bride and groom specifically, with the line "rejoicing with couples under the
chuppah [wedding canopy]", and adds a third, non-gendered option to the way
worshippers are called to the Torah, offering "mibeit", Hebrew for "from the house
of", in addition to the traditional "son of" or "daughter of".[119] The Mishkan
HaNefesh includes several sets of translations for the traditional prayers. Psalm 23
includes the familiar "traditional" translation, an adaptation that is considered
"gender-sensitive" but remains faithful to the traditional version, a feminist adaption
from Phyllis Appell Bass, and the fourth was published in 1978 by a contemporary
rabbi.

RECONSTRUCTIONIST JUDAISM
According to the Reconstructionist movement, homosexuality and bisexuality are
considered normal expressions of sexuality and it welcomes gays, bisexuals, as well
as lesbians into Reconstructionist communities to participate fully in every aspect of
community life.
The Reconstructionist Rabbinical College has since 1985 openly admitted only gay,
bisexual, and lesbian candidates to its rabbinical and cantorial programs and
commissioned a movement called: Homosexuality and Judaism: The
Reconstructionist Position in 1993457
The Reconstructionist Rabbinical Association (RRA) encourages its members to
officiate at same-sex marriages/commitment ceremonies, though the RRA does not
require its members to officiate at them. In 2007, the Reconstructionist Rabbinical
Association elected as President Rabbi Toba Spitzer, who was the first LGBT person
chosen to head a rabbinical association in the United States openly.

457
"Becoming a "Kehillah Mekabelet": The Struggles of Transformation" by Roberta Israeloff Archived November
13, 2007, at the Wayback Machine.

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Accordingly, Sandra Lawson became the first openly homosexual African-

American and first African-American to get admitted at the Reconstructionist
Rabbinical College458 she was ordained in June 2018, which made her the first
openly homosexual, female, black rabbi in the world.459
In 2013, the Reconstructionist Rabbinical Association also elected Jason Klein, as
President and became the first openly gay man chosen to head a national Rabbinical
association of one of the major Jewish denominations in the United States460.
Also, in 2013, Rabbi Deborah Waxman was elected as the president of
the Reconstructionist Rabbinical College as the President461, she is believed to be
the first woman and first lesbian to lead a Jewish congregational union, and the first
female rabbi and first lesbian to lead both Jewish seminary; the Reconstructionist
Rabbinical College a congregational union and a seminary462.

JEWISH RENEWAL
Jewish Renewal a recent movement in Judaism was founded with the main aim of
linking Kabbalistic, Hasidic, musical and meditative practices into modern Jewsm,
it describes itself as "a worldwide, transdenominational movement grounded in
Judaism's prophetic and mystical traditions".463
It ordains people of all sexual orientations as rabbis and cantors. In 2005, Eli Cohen
became the first openly gay rabbi ordained by the Jewish Renewal Movement,
followed by Chaya Gusfield and Rabbi Lori Klein in 2006, who became the two first
openly lesbian rabbis ordained by the Jewish Renewal movement. In 2007, Jalda
Rebling, born in Amsterdam and now living in Germany, became the first openly
lesbian cantor ordained by the Jewish Renewal movement464. In 2011, the bisexual

458
"Book Sandra Lawson for Speaking, Events and Appearances". APB Speakers. Retrieved 2019-06-03.
459
"Elon Rabbi redefines religion". Projects.elonnewsnetwork.com. Retrieved 2019-05-12.
460
"Gay man chosen to lead U.S. Recon460 Noegel, Scott B.; Wheeler, Brannon M. (2010). Lot. The A to Z of Prophets
in Islam and Judaism. Rowman & Littlefield Publishers, Incorporated. pp. 118–126. ISBN 978-
0810876033structionist rabbis". Haaretz. The Forward. March 12, 2013. Retrieved March 12, 2013.
461
"Reconstructionists Pick First Woman, Lesbian as Denominational Leader". The Jewish Week. Jewish Telegraphic
Agency. October 10, 2013. Archived from the original on May 19, 2016. Retrieved November 26, 2014.
462
Anne Cohen (October 18, 2013). "Trailblazing Reconstructionist Deborah Waxman Relishes Challenges of
Judaism’. The Jewish Daily Forward. Retrieved November 26, 2014.
463
"About Jewish Renewal". Aleph: Alliance for Jewish Renewal. Archived from the original on October 7, 2014.
Retrieved November 26, 2014.
464
Axelrod, Toby (1999-11-30). "New Renewal cantor looks ahead". JTA. Archived from the original on 2013-04-
15. Retrieved 2012-04-14.

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rights activist Debra Kolodny was ordained as a rabbi by the Jewish

Renewal movement and hired as the rabbi for congregation P'nai Or of
Portland465. The Statement of Principles of ALEPH: Alliance for Jewish Renewal
(and OHALAH and the Rabbinic Pastors Association) states in part, "We welcome
and recognize the sanctity of every individual regardless of sexual orientation or
gender identity. We recognize respectful and mutual expressions of adult human
sexuality as potentially sacred expressions of love, and therefore, we strive to
welcome a variety of constellations of intimate relationships and family forms
including gay, lesbian, and heterosexual relationships as well as people choosing to
be single."466

HUMANISTIC JUDAISM
Humanistic Judaism is a movement in Judaism that offers a non-theistic alternative
in contemporary Jewish life. In 2004, the Society for Humanistic Judaism issued a
resolution supporting "the legal recognition of marriage and divorce between adults
of the same sex", and affirming "the value of marriage between any two committed
adults with the sense of obligations, responsibilities, and consequences thereof’467.
In 2010 they pledged to speak out against homophobic bullying468.
The Association of Humanistic Rabbis has also issued a pro-LGBT statement titled
"In Support of Diverse Sexualities and Gender Identities". It was adopted in 2003
and issued in 2004469.

465
"Profile: Debra Kolodny". The Lesbian, Gay, Bisexual and Transgender Religious Archives Network.
Retrieved November 26, 2014.
466
"Statement of Principles". OHALAH. Archived from the original on April 3, 2015. Retrieved November 26, 2014.
467
Society for Humanistic Judaism SHJ "On Homosexual Marriage". Archived from the original on October 10,
2013. Retrieved November 19, 2013.
468
"Society for Humanistic Judaism Pledges to Speak Out Against Homophobic Bullying". Archived from the
original on July 25, 2013. Retrieved July 11, 2013.
469
"Sexualities & Identities’. Association of Humanistic Rabbis. Archived from the original on October 30, 2014.
Retrieved November 26, 2014.

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CHAPTER TWENTY-SIX
LGBT-AFFIRMATIVE ACTIVITIES
Jewish LGBT rights advocates and sympathetic clergy have created various
institutions within Jewish life to accommodate gay, lesbian, bisexual, and
transgender parishioners. Beth Chayim Chadashim, established in 1972 in West Los
Angeles, was the world's first explicitly-gay-and-lesbian-centered synagogue
recognized by the Reform Jewish community, resulting in a slew of non-Orthodox
congregations being established along similar lines, including Congregation Beit
Simchat Torah in New York City, Bet Mishpachah in Washington, D. C.,
and Congregation or Chadash in Chicago. Beth Chayim Chadashim now focuses on
the entire LGBT community, rather than just gays and lesbians.
LGBT-inclusive services and ceremonies specific to Jewish religious culture have
also been created, ranging from LGBT-affirmative haggadot for Passover470 to a
"Stonewall Shabbat Seder"471.
In October 2012 Rainbow Jews, an oral history project showcasing the lives of
Jewish bisexual, lesbian, gay, and transgender people in the United Kingdom from
the 1950s until the present, was launched. It is the United Kingdom's first archive of
Jewish bisexual, lesbian, gay, and transgender history.
The ONE National Gay and Lesbian Archives has, among other things, the Twice
Blessed Collection, circa 1966-2000; this collection "consists of materials
documenting the Jewish lesbian, gay, bisexual, and transgender experience, circa
1966-2000, collected by the Jewish Gay, Lesbian, Bisexual, and Transgender
Archives, founded and operated by Johnny Abush".

470
"GLBT Passover Haggadah". JQ International. Archived from the original on November 12, 2012.
471
Mark Horn. "The Stonewall Seder". Retrieved November 26, 2014.

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CHAPTER TWENTY-SEVEN
INDIAN RELIGIONS

Among the religions that originated in ancient and medieval India,

including Hinduism, Buddhism, Jainism and Sikhism, teachings regarding
homosexuality are less clear than among the Abrahamic traditions, and religious
authorities voice diverse opinions. In 2005, an authority figure of Sikhism
condemned same-sex marriage and the practice of homosexuality. However, many
people in Sikhism do not oppose gay marriage.[112] Hinduism is diverse, with no
supreme governing body, but the majority of swamis opposed same-sex
relationships in a 2004 survey, and a minority supported them.[113] Ancient religious
texts such as the Vedas often refer to people of a third gender known as hijra, who
are neither female nor male. Some see this third gender as an ancient parallel
to lesbian, gay, bisexual, transgender and intersex identities.

Hinduism
Main articles: Hinduism and LGBT topics, Kama, and LGBT themes in Hindu
mythology
Lord Shiva and Goddess Parvati in the form of Ardhanarisvara (half-man, half-
woman)
Hinduism does not have a central authority. Many Hindu sects have taken various
positions on homosexuality, ranging from positive to neutral or antagonistic.
Referring to the nature of Samsara, the Rigveda, one of the four canonical sacred
texts of Hinduism says 'Vikruti Evam Prakriti' (Perversity/diversity is what nature is
all about, or, What seems unnatural is also natural).[114] A "third gender" has been
acknowledged within Hinduism since Vedic times. Several Hindu texts, such
as Manu Smriti[115] and Sushruta Samhita, assert that some people are born with
either mixed male and female natures, or sexually neuter, as a matter of natural
biology (while at the same time there are examples of speaking negatively in regards
to male homosexuality as shown by the Manu Smrititi and Arthashastra). In addition,

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each Hindu denomination had developed distinct rules regarding sexuality, as

Hinduism is not unified and is decentralized in essence.
Hindu groups are historically not unified regarding the issue of homosexuality, each
one having a distinct doctrinal view.
The Indian Kama Sutra, written around 150 BC, contains passages
describing eunuchs or "third-sex" males performing oral sex on men. The text
describes Kama as one of the three objectives to be achieved in life. Though it
forbids the educated Brahmins, bureaucrats and wisemen from practicing
Auparishtaka (oral sex).
Similarly, some medieval Hindu temples and artifacts openly depict both male
homosexuality and lesbianism within their carvings, such as the temple walls
at Khajuraho. Some infer from these images that at least part of the Hindu society
and religion were previously more open to variations in human sexuality than they
are at present.
Khajoraho scene of three women and one man.
Ayoni sex, which includes oral and anal sex, never came to be viewed as much of a
sin like in Christianity nor a serious crime and could be practiced in some cases.
Close friendship between people of same genders has also been seen as permissible
in Hindu texts.[12]
Several Hindu priests have performed same-sex marriages, arguing that love is the
result of attachments from previous births and that marriage, as a union of spirit, is
transcendental to gender.
Hindu views of homosexuality and LGBT (lesbian, gay, bisexual, and transgender)
issues more generally are diverse, and different Hindu groups have distinct views.
A number of Hindu texts have portrayed homosexual experience as natural and
joyful,[1] the Kamasutra affirms and recognises same-sex relations,[2] and there are
several Hindu temples which have carvings that depict both men and women
engaging in homosexual acts. There are also numerous Hindu deities that are shown
to be gender-fluid and falling into the LGBT spectrum.[4] Same-sex relations
and gender variance have been represented within Hinduism from the Vedic
times through to the present day, in rituals, law books, religious or narrative
mythologies, commentaries, paintings, and even sculptures.

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The Arthashastra argues that some homosexual intercourse is an offence, and

encourages chastity (however, this also applies to heterosexual intercourse).
The Dharmashastra recognises, albeit reluctantly, the existence of homosexuality,
without openly condemning it in religious or moral terms. The Manusmriti regards
homosexual (as well as heterosexual) acts in an ox cart as a source of ritual pollution,
something to be expiated by Brahmin males through ritual immersion.[5]
In 2009, the Delhi High Court legalised homosexuality in India, but the Supreme
Court of India subsequently overturned the high court's decision.[6] The Supreme
Court of India, in a later ruling in 2018, reversed its previous verdict and
decriminalised homosexual intercourse and relationships.[7]
Contemporary Hindu society[edit]
"Hindu society had a clear-cut idea of all these people in the past. Now that we have
put them under one label ‘LGBT’, there is lot more confusion and other identities
have got hidden."[8][9]
— Gopi Shankar Madurai in National Queer Conference 2013
Sexuality is rarely discussed openly in contemporary Hindu society, especially in
modern India where homosexuality was illegal until a brief period beginning in
1860, due to colonial British laws.[10] In 2009, The Delhi High Court in a historic
judgement decriminalised homosexuality in India; where the court noted that the
existing laws violated fundamental rights to personal liberty (Article 21 of the Indian
Constitution) and equality (Article 14) and prohibition of discrimination (Article
15). However, the Supreme Court of India re-affirmed the penal code provision and
overturned the Delhi High Court decision, effectively re-instating the legal ban on
homosexuality in which penalties included life imprisonment until September 6,
2018 when Supreme Court of India decriminalised homosexuality. Furthermore,
LGBT people are often subjected to torture, executions and fines by non-government
affiliated vigilante groups.
Hinduism is not known to ban homosexuality. Hindu nationalist factions have a
varied opinion on the legalisation of homosexuality. In the last thirty years,
homosexuality has become increasingly visible in the print and audio-visual media,
with many out-LGBT people, an active LGBT movement, and a large Indian LGBT
presence on the Internet. From the 1990s onward, modern gay and lesbian Hindu
organizations have surfaced in India's major cities and in 2004, plausible calls were
made for the first time to repeal India's laws against homosexuality.

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Deepa Mehta's 1996 film Fire, which depicts a romantic relationship between two
Hindu women, was informally banned for "religious insensitivity" after the screening
of the movie was disrupted on the grounds that it denigrated Indian culture, not on
the grounds of homophobia per se, a position shared and confirmed by feminist
Madhu Kishwar. In addition, Bharatiya Janata Party who were in power in India at
the time, refused to ban it. Similar protests occurred in 2004 against the lesbian-
themed film Girlfriend — even though the portrayal of lesbianism was this time
distinctly unsympathetic. Several human-rights groups such as the People's Union
for Civil Liberties have asserted that sexual minorities in India face severe
discrimination and violence, especially those from rural and lower-caste
backgrounds.
In her book, Love's Rite, Ruth Vanita examines the phenomenon of same-sex
weddings, many by Hindu rites, which have been reported by the Indian press over
the last thirty years and with increasing frequency. In the same period, same-sex
joint suicides have also been reported. Most of these marriages and suicides are by
lower-middle-class female couples from small towns and rural areas across the
country; these women have no contact with any LGBT movements. Both cross-sex
and same-sex couples, when faced with family opposition, tend to resort to either
elopement and marriage or to joint suicide in the hope of reunion in the next life.
Vanita examines how Hindu doctrines such as rebirth and the genderlessness of the
soul are often interpreted to legitimize socially disapproved relationships, including
same-sex ones. In a 2004 survey, most — though not all — swamis said they
opposed the concept of a Hindu-sanctified gay marriage.[28] But several Hindu
priests have performed same-sex marriages, arguing that love is the result of
attachments from previous births and that marriage, as a union of spirit, is
transcendental to gender.
Later, Vanita condenses the ideas in her book into an article, "Same-sex Weddings,
Hindu Traditions and Modern India".[31] Here, she summarizes specific cases in
which women specifically committed joint-suicides, were married and separated, or
successfully married. She points out three different "forces that have helped female
couples". These are: the law courts, the media, and some Hindu authorities (such as
the swamis mentioned earlier in this article) from her book. When female couples
can stay together under the social pressures and get to the courts, the courts generally
hold up their decisions, holding to the fact that the women are consenting adults.
While this does not necessarily stop the harassment, it does lend the couple further
legitimacy under the laws. In addition, the more successful same-sex marriages of

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women are those in which the women are financially independent. If they have social
support from their families and community—for the most part—then they may be
able to live in peace together. The media may also play an important role in same-
sex marriages. In drawing attention to their marriages, women who do not
necessarily know about LGBT rights groups may be contacted and supported by
those groups after media attention. However, the flip side of this is that the anti-
LGBT groups also may reach out against their marriage.
Psychoanalyst Sudhir Kakar writes that Hindus are more accepting of "deviance or
eccentricity" that are adherents of Western religions, who typically treat sexual
variance as "anti-social or psychopathological, requiring 'correction' or
'cure'". Hindus, he argues, believe instead that each individual must fulfill their
personal destiny (svadharma) as they travel the path
towards moksha (transcendence).
Commenting on the legalisation of homosexuality in India; Anil Bhanot, general
secretary of The United Kingdom Hindu Council said: "The point here is that the
homosexual nature is part of the natural law of God; it should be accepted for what
it is, no more and no less. Hindus are generally conservative but it seems to me that
in ancient India, they even celebrated sex as an enjoyable part of procreation, where
priests were invited for ceremonies in their home to mark the beginning of the
process."
A high-ranking member of the influential right-wing Hindu group Rashtriya
Swayamsevak Sangh (RSS) has publicly stated that he does not believe
homosexuality should be illegal, and that the RSS had no official stance on this issue
since it was a matter of personal preference. After the Supreme Court of India struck
down parts of Section 377 of the Indian Penal Code, the RSS stated that while
relationships between people of the same gender are unnatural, it is not a criminal
act. In its latest position, the RSS has accepted that people from the LGBT
community are an integral part of the Indian society.

THE THIRD GENDER

Hindu philosophy has the concept of a third sex or third gender472 . This category
includes a wide range of people with mixed male and female natures such as
effeminate males, masculine females, transgender people, transsexual people,
intersex people, androgynes, and so on. Many MTF third-genders are not attracted

472
(Sansktiy: तृतीय प्रकृतत, tŕtīya-prakŕti – literally, "third nature")

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only or at all to men, but are attracted either exclusively to women or are bisexual.
Many FTM transgender people are attracted to men. Such persons are not considered
fully male or female in traditional Hinduism, being a combination of both. They are
mentioned as third sex by nature (birth) and are not expected to behave like cisgender
men and women. They often keep their own societies or town quarters, perform
specific occupations (such as masseurs, hairdressers, flower-sellers, domestic
servants, etc.) and are generally attributed a semi-divine status. Their participation
in religious ceremonies, especially as cross-dressing dancers and devotees of certain
temple gods/goddesses, is considered auspicious in traditional Hinduism. Some
Hindus believe that third-sex people have special powers allowing them to bless or
curse others.
In 2008, the state of Tamil Nadu recognised the "Third Gender"; with its civil
supplies department giving in the ration card a provision for a new sex column as
'T', distinct from the usual 'M' and 'F' for males and females respectively. This was
the first time that authorities anywhere in India have officially recognised the third
gender.

HINDU RELIGIOUS NARRATIVES

The Hindu god Shiva is often represented as Ardhanarisvara, a unified entity of him
with his consort Parvati. This sculpture is from the Elephanta Caves near Mumbai.
In the Hindu narrative tradition, stories of gods and mortals changing gender
occur. Sometimes they also engage in heterosexual activities as different
reincarnated genders. Homosexual and transgender Hindus commonly identify with
and worship the various Hindu deities connected with gender diversity such
as Ardhanarisvara (the androgynous form of Shiva and his
consort Parvati), Aravan (a hero whom the god Krishna married after becoming a
woman), Harihara (an incarnation of Shiva and Vishnu combined), Bahuchara
Mata (a goddess connected with transsexuality and eunuchism), Gadadhara (an
incarnation of Radha in male form), Chandi-Chamunda (twin warrior
goddesses), Bhagavati-devi (a Hindu goddess associated with cross-dressing),
Gangamma (a goddess connected with cross-dressing and disguises) and the
goddess Yellamma. There are also specific festivals connected to the worship of
these deities, some of which are famous in India for their cross-dressing devotees.
These festivals include the Aravan Festival of Koovagam, the Bahuchara Mata

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Festivals of Gujarat and the Yellamma Festivals of Karnataka, among

others. Deities displaying gender variance include Mohini, the female avatar of the
god Vishnu and Vaikuntha Kamalaja, the androgynous form of Vishnu and his
consort Lakshmi.
LGBT interpretations are also drawn in the legends of birth of the deities Ayyappa (a
god born from the union of Shiva and Mohini), Bhagiratha (an Indian king born of
two female parents) and Kartikeya (where the fire-god Agni "swallows" the semen
of Shiva after disturbing his coitus with his consort Parvati). Some homosexual
Hindus also worship the gods Mitra and Varuna, who are associated with two lunar
phases and same-sex relations in ancient Brahmana texts.
Gender variance is also observed in heroes in Hindu scriptures. The Hindu
epic Mahabharata narrates that the hero Arjuna takes a vow to live as a member of
the third sex for a year as the result of a curse he is compelled to honor. He thus
transforms into Brihannala, a member of the third gender, for a year and becomes a
dance teacher to a princess. Another important character, Shikhandi, is born female,
but raised as a man and even married to a woman. She becomes male due to the
grace of a Yaksha. Shikhandi eventually becomes the reason for the death of the
warrior Bhishma, who refuses to fight a "woman." Another
character, Bhishma appeases Yudhishtira's curiosity about relative enjoyment of
partners during sex by relating the story of King Bhangasvana, who has had a
hundred sons is turned into a woman while on a hunt. She returns to her kingdom,
relates the story, turns the kingdom over to her children and retires to the forest to
be the spouse of a hermit, by whom she has a hundred more sons. Ila, a king from
Hindu narratives, is also known for their gender changes.
Some versions of the Krittivasa Ramayana, the most popular Bengali text on the
pastimes of Ramachandra (an incarnation of Vishnu), relate a story of two queens
who conceived a child together. When the king of the Sun Dynasty, Maharaja Dilipa,
died, the demigods become concerned that he did not have a son to continue his line.
Shiva, therefore, appeared before the king's two widowed queens and commanded
them, "You two make love together and by my blessings, you will bear a beautiful
son." The two wives, with great affection for each other, executed Shiva's order until
one of them conceived a child. The sage Astavakra accordingly named the child
"Bhagiratha" – he who was born from two vulvas. Bhagiratha later became a king
and is credited with bringing the river Ganges down to earth through his austerities.

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HINDU TEXTS
People of a third gender (tritiya-prakriti), not fully men nor women, are mentioned
here and there throughout Hindu texts such as the Puranas but are not specifically
defined. In general, they are portrayed as effeminate men, often cowardly, and with
no desire for women. Modern readers often draw parallels between these and modern
stereotypes of lesbian, gay, bisexual and transgender people. However, Hindu texts
(Mostly Dharmasastras) such as the Manusmriti, Vide Atri Smřti, Vide Baudhāyana
Dharmasūtra, and the Vide Apastambha Dharmasūtra do treat homosexuality as a
sin, in some cases legally punishable. In addition, each Hindu denomination had
developed distinct rules regarding sexuality, as Hinduism is not a monolith and is
decentralized in essence.
Historians Ruth Vanita and Saleem Kidwai, in their book Same-Sex Love in India:
Readings from Literature and History, compiled extracts from Indian texts, from
ancient to modern times, including many Hindu texts, translated from 15 Indian
languages. In their accompanying analytical essays, they also wrote that Hindu texts
have discussed and debated same-sex desire from the earliest times, in tones ranging
from critical to non-judgmental to playful and celebratory.
Mythologist Devdutt Pattanaik summarizes the place of homosexuality in Hindu
literature as follows: "though not part of the mainstream, its existence was
acknowledged but not approved." Other Indologists assert that homosexuality was
not approved for brahmanas or the twice-born but accepted among other castes.
In his book, Tritiya-Prakriti: People of the Third Sex, Vaishnava monk Amara Das
Wilhelm demonstrates how ancient expressions of Hinduism accommodated
homosexual and transgender persons much more positively than we see in India
today: "Early Vedic teachings stressed responsible family life and asceticism but
also tolerated different types of sexualities within general society."

MAHANIRVANA TANTRA
The Mahanirvana Tantra exclude the third-gendered from the right of inheritance,
although establishing they have the right to be financially supported by their family.

KAMA SUTRA
At the Lakshmana temple in Khajuraho (954 CE), a man receives fellatio from a
seated male as part of an orgiastic scene.

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The Kama Sutra is an ancient text dealing with kama or desire (of all kinds), which
in Hindu thought is one of the four normative and spiritual goals of life. The Kama
Sutra is the earliest extant and most important work in the Kama Shastra tradition
of Sanskrit literature. It was compiled by the philosopher Vatsyayana around the 4th
century, from earlier texts, and describes homosexual practices in several places, as
well as a range of sex/gender 'types'. The author acknowledges that these relations
also involve love and a bond of trust.
The author describes techniques by which masculine and feminine types of the third
sex (tritiya-prakriti), as well as women, perform fellatio. The Second Part, Ninth
Chapter of Kama Sutra specifically describes two kinds of men that we would
recognize today as masculine- and feminine-type homosexuals but which are
mentioned in older, Victorian British translations as simply "eunuchs." The chapter
describes their appearances – feminine types dressed up as women whereas
masculine types maintained muscular physiques and grew small beards, mustaches,
etc. – and their various professions as masseurs, barbers and prostitutes are all
described. Such homosexual men were also known to marry, according to the Kama
Sutra: "There are also third-sex citizens, sometimes greatly attached to one another
and with complete faith in one another, who get married together." In the
"Jayamangala" of Yashodhara, an important twelfth-century commentary on the
Kama Sutra, it is also stated: "Citizens with this kind of homosexual inclination, who
renounce women and can do without them willingly because they love one another,
get married together, bound by a deep and trusting friendship."
After describing fellatio as performed between men of the third sex, the Sutra then
mentions the practice as an act between men and women, wherein the homosexuals'
acts are scorned, especially for Brahmanas473. The Kama Sutra also refers to svairini,
who are "independent women who frequent their own kind or others474" or, in
another passage: "the liberated woman, or svairini, is one who refuses a husband and
has relations in her own home or in other houses". In a famous commentary on the
Kama Sutra from the 12th century, Jayamangala, explains: "A woman known for her
independence, with no sexual bars, and acting as she wishes, is called svairini. She
makes love with her own kind. She strokes her partner at the point of union, which
she kisses." (Jayamangala on Kama Sutra The various practices of lesbians are
described in detail within the Second Part, Eighth Chapter of the Kama Sutra.

473
(KS 2.9.37)

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There are other ancient Hindu/Sanskrit texts that refer to homosexuality.

The Sushruta Samhita, for example, a highly respected Hindu medical text dating
back to at least 600 B.C., mentions two different types of homosexual men
(kumbhika – men who take the passive role in anal sex; and asekya – men who
devour the semen of other men) as well as transgender people (sandha – men with
the qualities, behavior and speech of women). It also states that men who behave
like women, or women who behave like men, are determined as such at the time of
their conception in the womb. The Sushruta Samhita also mentions the possibility
of two women uniting and becoming pregnant as a result of the mingling of their
sexual fluids. It states that the child born of such a union will be "boneless." Such a
birth is indeed described in the Krittivasa Ramayana of Bengal (see below).
Other texts list the various types of men who are impotent with women (known in
Sanskrit as sandha, kliba, napumsaka, and panda). The Sabda-kalpa-druma Sanskrit-
Sanskrit dictionary, for instance, lists twenty types, as does
the Kamatantra and Smriti-Ratnavali of Vacaspati (14th century). The Narada Smriti
similarly lists fourteen different types. Included among the lists are transgender
people (sandha), intersex people (nisarga), and three different types of homosexual
men (mukhebhaga, kumbhika and asekya). Such texts demonstrate that third-sex
terms like sandha and napumsaka actually refer to many different types of "men who
are impotent with women," and that simplistic definition such as "eunuch" or
"neuter" may not always be accurate and in some cases totally incorrect. In his
article Homosexuality and Hinduism, Arvind Sharma expresses his doubt over the
common English translation of words like kliba into "eunuch" as follows: "The
limited practice of castration in India raises another point significant for the rest of
the discussion, namely, whether rendering a word such as "kliba" as "eunuch"
regularly is correct..."
The Arthashastra of Kautilya represents the principle text of secular law and
illustrates the attitude of the judiciary towards sexual matters. Heterosexual vaginal
sex is proposed as the norm by this text and legal issues arising from deviation
therefrom are punishable by fines and in extreme cases by capital punishment.
Homosexual acts are cited as a small offence punishable by a fine. It punishes non-
vaginal sex with a small fine however, women are fined less than men.
The digest or dharmanibandha work "Dandaviveka'" written by Vardhamana
Upadhyaya in 15th century in Mithila pronounced that semen shouldn't ejaculate

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outside the vagina. Ayoni sex here is divided into two categories, one which includes
intercourse with humans of both genders.
The Narada Purana in states that those who have non-vaginal intercourse will go to
Retobhojana where they have to live on semen. Ruth Vanita states that the
punishment in the afterlife suggested by it is comical and befitting the act.
The Skanda Purana states that those who indulge in such acts will acquire impotency.

DHARMSASTRAS

The Dharmsastras especially later ones prescribed against non-vaginal sex like
the Vashistha Dharmasutra. The Yājñavalkya Smṛti prescribes fines for such acts
including those with other men.
The Manusmriti is less judgmental about LGBT relationships. XI. 174 prescribes
eating the five products of the cow or Panchagavya and foregoing food for a night
for several sexual acts committed by a man including those with other men. XI. 175
states that those men who engage in intercourse with a man should take a bath while
being clothed. According to XI.68, a man who engages in such acts is traditionally
considered to lose his caste, though Ruth Vanita suggests the prescriptions by
Manusmriti act as a substitute. Verses 8.369-370 of Manusmriti which prescribe
punishment for a female having intercourse with a maiden are wrongly thought to
be against same-sex activity between females by some modern authors like Wendy
Doniger. However, verse 8.367 contains a similar punishment for all those who do
it regardless of gender. The emphasis Vanita states here is on a maiden's sexual
purity.

THIRD-GENDER HINDU SECTS

Below are listed some of the most common third-gender sects found in Hinduism.
There are an estimated half million crossdressing "eunuchs" in modern-day India,
associated with various sects, temples and Hindu deities.[62][self-published source] Despite
being called "eunuchs", the majority of these persons (91%) do not practice
castration but are more accurately associated with transgender.

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THE HIJRA
A HIJRA
The Hijras are a third-gender group in the Indian subcontinent. Some of them
undergo castration, which is connected to Bahuchara Mata who is identified with
the earth goddess. According to legends, she cut off her breasts in order to avoid
rape by a group of bandits. The operation is termed by them nirvan. They compare
it with tapas which consists of avoiding sex. Also used to justify emasculation is a
creation myth of Shiva who emasculated himself. The aravanis also undergo
castration. Hijras also use Arjuna becoming a eunuch during exile as a result of a
curse as a justification for castration. Despite this, all the seven major hijra clans are
claimed to have been established by Muslims.
There are an estimated 50,000 hijra in northern India. After interviewing and
studying the hijra for many years, Serena Nanda writes in her book, Neither Man
Nor Woman: The hijras of India, as follows: "There is a widespread belief in India
that hijras are born hermaphrodites [intersex] and are taken away by
the hijra community at birth or in childhood, but I found no evidence to support this
belief among the hijras I met, all of whom joined the community voluntarily, often
in their teens." Nanda also states: "There is absolutely no question that at least
some hijras – perhaps even the majority – are homosexual prostitutes. Sinha's (1967)
study of hijras in Lucknow, in North India, acknowledges the hijra role as
performers, but views the major motivation for recruitment to the hijra community
as the satisfaction of the individual's homosexual urges..."[69] The hijras especially
worship Bahuchara, the Hindu goddess presiding over transsexuality.

THE ARAVANI OR ALI

Aravanis – the "brides" of Aravan, mourn his death
The most numerous third-gender sect (estimated at 150,000) is
the aravani or ali of Tamil Nadu in southern India. The aravanis are typically
transgender and their main festival, the popular Koovagam or Aravan Festival
celebrated in late April/early May, is attended by thousands, including many
transgender people and homosexuals. The aravani worship the Hindu god, Aravan,
and do not practice any system of castration.

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THE JOGAPPA
A lesser-known third-gender sect in India is the jogappa of South India (Karnataka
and Andhra Pradesh), a group similarly associated with prostitution. The jogappa are
connected with the goddess Yellamma (Renuka), and include both transgender
people and homosexuals. Both serve as dancers and prostitutes, and they are usually
in charge of the temple devadasis (maidservants of the goddess who similarly serve
as dancers and female courtesans). Large festivals are celebrated at these temples
wherein hundreds of scantily-clad devadasis and jogappas parade through the streets.
The jogappa do not practice castration.

Buddaism
The most common formulation of Buddhist ethics are the Five Precepts and
the Eightfold Path, one should neither be attached to nor crave sensual pleasure. The
third of the Five Precepts is "To refrain from committing sexual misconduct."
However, "sexual misconduct" is a broad term, and is subjected to interpretation
relative to the social norms of the followers. The determination of whether or
not same-gender relations is appropriate for a layperson is not considered a religious
matter by many Buddhists.
The relationship between Buddhism and sexual orientation varies by tradition and
teacher. According to some scholars, early Buddhism appears to have placed no
special stigma on homosexual relations, since the subject was not mentioned475.
According to the Pāli Canon and Āgama (the Early Buddhist scriptures), there is not
any saying that same or opposite gender relations have anything to do with sexual
misconduct, and some Theravada monks express that same-gender relations do not
violate the rule to avoid sexual misconduct, which means not having sex with
someone under age (thus protected by their parents or guardians), someone betrothed
or married or who has taken vows of religious celibacy.
Some later traditions gradually began to add new restrictions on sexual misconduct,
like non-vagina sex, though some academics argue it usually involves situations
seem as coerced sex. This non-vagina sex as sexual misconduct view is not based on
what Buddha's said, but from some later Abhidharma texts.

475
James William Coleman, The New Buddhism: The Western Transformation of an Ancient Tradition. Oxford
University Press 2002, page 146.

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Buddhism is often characterized as distrustful of sensual enjoyment and sexuality in

general. Traditionally, sex and lust are seen as hindering to spiritual progress in most
schools of Buddhism; as such monks are expected to refrain from all sexual activity,
and the Vinaya (the first book of the Tripitaka) specifically prohibits sexual
intercourse, then further explain that anal, oral, and vaginal intercourse amount to
sexual intercourse, which will result in permanent exclusion from Sangha. A notable
exception in the history of Buddhism occurred in Japan during the Edo period, in
which male homosexuality, or more specifically, love between young novices and
older monks, were celebrated.
References to pandaka, a eunuch/impotence category that is sometimes interpreted
to include homosexual males, can be found throughout the Pali canon as well as
other Sanskrit scriptures. In the Chinese version of Sarvastivada Vinaya, the pandaka
is mentioned as also trying to have sex with women, not just men Leonard Zwilling
refers extensively to Buddhaghosa's Samantapasadika, where pandaka are described
as being filled with defiled passions and insatiable lusts, and are dominated by
their libido. Some texts of the Abhidharma state that a pandaka cannot achieve
enlightenment in their own lifetime, (but must wait for rebirth) and Asanga and
Vasubandhu discussed if a pandaka was able to be enlightened or not. According to
one scriptural story, Ananda—Buddha's cousin and disciple—was a pandaka in one
of his many previous lives.
Some later classic Buddhist masters and texts disallow contact between
monks/Bodhisattva and pandakas/women and classify non-vagina sex as sexual
misconduct, including for lay followers.
The third of the five precepts of Buddhism states that one is to refrain from sexual
misconduct; this precept has sometimes been interpreted to include homosexuality.
The Dalai Lama of the Gelug sect of Tibetan Buddhism previously interpreted sexual
misconduct to include lesbian and gay sex, and indeed any sex other than penis-
vagina intercourse, including oral sex, anal sex, and masturbation or other sexual
activity with the hand; the only time sex is acceptable is when it performed for its
purpose of procreation. In 2009, when interviewed by Canadian TV news anchor
Evan Solomon on CBC News: Sunday about whether or not homosexuality is
acceptable in Buddhism, the Dalai Lama responded that "it is sexual
misconduct."[150] However, the Dalai Lama supports human rights for all, "regardless
of sexual orientation." In the most recent interview on this topic (March 10, 2014),
the Dalai Lama said gay marriage is "OK", provided it's not in contradiction with

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the values of one's chosen religion. Also in an Indian and Tibetan tradition,
the Nalandabodhi sangha has stated that they are welcoming of all sexual
orientations.
In Thailand, some accounts propose that "homosexuality arises as
a karmic consequence of violating Buddhist proscriptions against heterosexual
misconduct. These karmic accounts describe homosexuality as a congenital
condition which cannot be altered, at least in a homosexual person's current lifetime,
and have been linked with calls for compassion and understanding from the non-
homosexual populace." However, Buddhist leaders in Thailand have also
condemned homosexuality, ousted monks accused of homosexual acts, and
banned kathoey from ordination. In 2009, Senior monk Phra Maha Wudhijaya
Vajiramedh introduced a "good manners" curriculum for novices in the monkhood,
stating to the BBC that he was concerned by "the flamboyant behaviour of gay and
transgender monks, who can often be seen wearing revealingly tight robes, carrying
pink purses and having effeminately-shaped eyebrows." However, in Thailand,
several leaders in the Theravada tradition including Phra Payom Kalayano have
expressed support for LGBT rights.
A later popular Japanese legend attributed the introduction of monastic
homosexuality to Japan to Shingon founder Kukai, although scholars now dismiss
the veracity of this assertion, pointing out his strict adherence to the
Vinaya. Nonetheless, the legend served to "affirm same sex relation between men
and boys in seventeenth century Japan." However, Japanese Buddhist scholar and
author of "Wild Azaleas" Kitamura Kigin argued that there was a tendency in
monasteries to avoid heterosexuality and to encourage homosexuality.
Although Mahayana Buddhism has some texts against homosexuality (from later
Abhidharma texts and Buddhist apocrypha), the majority of its teachings assert that
all beings who correctly practice the dharma may reach enlightenment, since all
possess an innate Buddha nature. Enlightenment being achievable even in a single
life. Some Mahayana Buddhist leaders were active in the movement for same-sex
marriage rights in Taiwan which legalized same-sex marriages in 2019.
Well known Zen Buddhist, Thich Nhat Hanh, notes the spirit of Buddhism is
inclusiveness and states "when you look at the ocean, you see different kinds of
waves, many sizes and shapes, but all the waves have water as their foundation and
substance. If you are born gay or lesbian, your ground of being in the same as mine.
We are different, but we share the same ground of being."

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The capacity of Buddhism to reform itself and its great variety of distinct beliefs and
schools, provide many liberal streams of Buddhism, which are accepting of all
sexual orientations. Reformists of Buddhism are mainly predominant in
cosmopolitan cities. In global traditions, there is a widescale support for LGBT
rights including the European Buddhist Union, the Buddhist Churches of
America, many Shin Buddhist groups, and Zen leaders such as Thich Nhat
Hanh. The Federation of Australian Buddhist Councils (FABC), representing
Buddhist laypeople, and the Australian Sangha Association vocally supported same-
sex marriage in Australia. Soka Gakkai International-USA (SGI-USA) is the most
diverse Buddhist community in the United States with more than 500 chapters and
some 100 centers throughout the country supports LGBT rights. In a PEW research
poll, 88% of American Buddhists stated that homosexuality should be accepted. This
was a higher level of support than any other religious group studied.

BUDAISM
Buddha is often portrayed as a male figure, such as in this painting from a monastery
in Laos.
Within the earliest monastic texts such as the Vinaya (c. 4th century BCE), male
monks are explicitly forbidden from having sexual relations with any of the four
genders: male, female, ubhatovyañjanaka and paṇḍaka; various meanings of these
words are given below. Later, the Buddha allowed the ordination of women, forbade
ordination to these other types of people, with exceptions to a few particular types
of paṇḍaka. The Buddha's proscriptions against certain types of people joining the
monastic sangha (ordained community) are often understood to reflect his concern
with upholding the public image of the sangha as virtuous; in some cases, this is
explicitly stated. Social acceptability was vital for the sangha, as it could not survive
without material support from lay society.

Ubhatovyañjanakas
The word ubhatovyañjanaka is usually thought to describe people who have both
male and female sexual characteristics: hermaphrodites (intersex). In the Vinaya, it
is said that ubhatovyañjanaka should not be ordained, on account of the possibility
that they would entice a fellow monk or nun into having sex.[15] Although it has been

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seen by some that the category of ubhatovyañjanaka is of later addition to the early
buddhist texts, since it does not appear in the early suttas, the Pāṭimokkhas, nor in
the early parts of the Vinaya.

Paṇḍakas
The paṇḍaka is a complex category that is variously defined in different Buddhist
texts. In the earliest texts, the word seems to refer to a socially stigmatized class of
trans-feminine and/or cross-dressing people, some of whom may have been sex
workers. Paisarn Likhitpreechakul argue that these people are grouped together with
groups who are excluded from ordination as well; those with physical disabilities
such as deafness or dwarfism, or those who have committed crimes. "The Story of
the Prohibition of the Ordination of Pandaka" from the Vinaya claims that the ban is
a response to the example of a paṇḍaka monk with a desire to have sex. Being refused
by other monks, he had sex with animal handlers, who then told the wider
community and brought disgrace upon the sangha. Since the word paṇḍaka does not
appear in either of the early Suttas nor in the early parts of the Vinaya, it has been
seen by some as a possible indication that pandaka's inclusion in the Vinaya did not
happen in the Buddha's lifetime but was added later.
In the Lotus Sutra, it said Bodhisattva should not go near Paṇḍaka, as like what monk
rules said in Vinaya. The Theravadin text Milinda Panha, claims that Paṇḍakas let
out secrets through their imperfection.

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CHAPTER TWENTY-EIGHT
LGBTQ+ PEOPLE IN LATER TRADITIONS
Some modern commentators interpret the word ubhatovyanjañaka as including
those who are not physically intersex, but display behavioral and psychological
characteristics of both sexes, such as a woman who is attracted to other
women.[27] 5th-century Buddhist
writer Buddhaghosa describes ubhatobyanjanaka as people with the body of one sex
but the "power", or gender of the other. Leonard Zwilling argues that in this account
Buddhaghosa does not in fact describe "hermaphroditism" but rather bisexuality or
homosexuality.[28] Janet Gyatso pointed out that Zwilling destroys his own argument
that pandakas are homosexuals when he writes, "The Vinaya, in fact, goes so far as
to distinguish sexual activity between normative males from sexual relations
between a socially normative male and a pandaka."[29]
In other texts, the term paṇḍaka can include those born sexually indeterminate or
with no sex, eunuchs, those whose impotence changes every half month, males who
gain sexual potency by absorbing other men's semen, or spying on other people
having sex. It sometimes includes males or females with any sexual dysfunction,
such as impotence or irregular menstrual cycles. The common element seems to be
those whose sexuality is either limited physiologically, or those who are sexually
impotent. Together these impotence types are almost always portrayed negatively as
a pariah class, especially in the earliest texts. In modern contexts, paṇḍaka is
sometimes alleged to include lesbians, gay men, and transgender and intersex
people, although in ancient times, a man who sexually penetrated another man or a
paṇḍaka was not himself considered a paṇḍaka.
Some texts of the Abhidharma state that a paṇḍaka cannot achieve enlightenment in
their own lifetime, but must wait for reincarnation as a man or woman. Ananda —
Buddha's cousin and disciple — was said to be a paṇḍaka in one of his many previous
lives, as was the Buddhist nun Isidāsī (from the Therigatha). In both cases, birth as
a paṇḍaka was a result of poor karma, and the idea that being a paṇḍaka stems from

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bad behaviour in a previous life is common in Buddhist literature. Asanga and

Vasubandhu discussed if a pandaka was able to be enlightened or not.
In the Samantapasadika, a work of the 5th century CE Theravadin commentator and
scholar Buddhaghosa's, paṇḍaka are described as being filled with defiling passions
(ussanakilesa), unquenchable lusts (avapasantaparilaha) and are dominated by their
libido (parilahavegabhibhuta). The 4th century Mahayana Buddhist
writers Vasubandhu and Asanga contend that the paṇḍaka has no discipline for
spiritual practice, due to their defiling passions of both male and female sexes. They
lack the moral fortitude to counter these passions because they lack modesty and
shame. Incapable of showing restraint, such a being is abandoned by their parents
and lacking such ties are unable to hold strong views. Asanga, like Vasubandhu,
refuses the pandaka recognition as a layman on the grounds that such persons are
unfit to associate with or serve the Sangha. Asanga, however, considers them
capable to practice the path of a layman individually if they so desire, but without
receiving recognition as a layman or being introduced in the sangha. A position
similar to Asanga view was also featured in the Lotus Sutra, where sangha members
were advised to avoid the paṇḍaka.[33]
Buddha's proscriptions against certain types of people joining the
monastic sangha (ordained community) are often understood to reflect his concern
with upholding the public image of the sangha as virtuous. Peter Jackson, the scholar
of sexual politics and Buddhism in Thailand, speculates that the Buddha was initially
reluctant to allow women to join the sangha for this reason. Jackson explains:
Buddhism, the middle path, has always been concerned with the maintenance of
social order and since the Buddha's time the sangha has never claimed to provide a
universal vehicle for the spiritual liberation of all individuals in society, explicitly
excluding those who are considered to reflect badly on the monkhood in terms of
prevailing social norms and attitudes.
Social acceptability was vital for the sangha, as it could not survive without material
support from lay society.
Several Theravada Buddhist texts state that the members of the paṇḍaka are excluded
from a variety of Buddhist practices (in addition to ordination):
 acting as preceptors in ordination ceremonies
 making donations to begging monks

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 meditating and
 ability to understand the Dharma.
The Mahakala Ma Ning, a wrathful deity revered in Tibetan Buddhism, especially
the Nyingma school, as a defender of the Dharma. The term ma ning has been
translated as "genderless" or "eunuch", and equates to paṇḍaka. In this macabre 19th-
century image the Ma Ning holds a human heart in their hand, and also a garland of
hearts around their waist.
Classical Mahayana scholars like Shantideva and Aśvaghoṣa considered non-vagina
sex (including men sex with men) to be sexual misconduct. Shantideva based his
views on quotes from the Saddharma-smrtyupasthana Sutra.[6][37][38][39][40] According
to Mizuno Kōgen's study, Saddharma-smrtyupasthana Sutra is related to Ghoṣa's
Abhidharmāmṛtarasaśāstra, and is compiled by Sarvastivada sect (possibly from
someone related to Ghoṣa after the 2nd century).[41][42] In the Great Treatise on the
Perfection of Wisdom (Sanskrit: Mahā-prajñāpāramitā-śāstra),
the Madhyamaka scholar Nagarjuna mentioned the non-vagina sex restriction as
based on coerced action toward one's own spouse.[7][8]
In contrast, later texts, particularly Tibetan Buddhist writings, occasionally value
paṇḍaka positively for their "middleness" and balance. The paṇḍaka in these Tibetan
works is translated with the term ma ning — "genderless" or "without genitals". The
13th-century Tibetan monk Gyalwa Yang Gönpa, who was one of the significant
figures in the early Drukpa Kagyu sect, writes about ma ning as a balanced state
between maleness and femaleness. Yang Gönpa describes ma ning as "the abiding
breath between male exhalation and female inhalation" and "the balanced yogic
channel, as opposed to the too tight male channel, and the too loose female one".
Most Mahayana teachings assert that all beings who correctly practice the dharma
may reach enlightenment, since all possess innate Buddha nature. Enlightenment
being achievable even in a single life.

Tibetan Buddhism
There are different views among Tibetan Buddhist teachers on acceptable
expressions of sexuality.
Historically, Gampopa (12th century), one of the main early masters of
the Kagyu school of Tibetan Buddhism, followed the Indian Buddhist tradition,
starting with the 3rd-century Hinayana texts of Vasubandhu, and stated

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that oral and anal sex, whether with a man or a woman, are violations of the third
precept regarding inappropriate sexual behavior. Longchenpa, the 13th-century
founder of the Nyingma school, citing the 3rd-century Mahayana texts of the Indian
master Asanga, elaborated that inappropriate sexual behavior also include the hands
among inappropriate parts of the body for sexual activity. In the same way, Gelug
predecessor Je Tsongkhapa also adheres to such rules in his studies.
Various contemporary teachers of Tibetan Buddhist lineages, including the 17th
Gyalwang Karmapa, have offered understanding towards LGBTQ people while
noting that same-sex relationships do not necessarily constitute misconduct for lay
people. The Dalai Lama has maintained the views of Je Tsongkhapa
The 14th Dalai Lama has "voiced his support for the full recognition of human rights
for all people, regardless of sexual orientation," while noting that from a Buddhist
point of view, lesbian and gay sex is "generally considered sexual misconduct." In
the most recent interview with the Dalai Lama on this topic (March 10, 2014), the
Dalai Lama said gay marriage is OK provided it's not in contradiction with the values
of one's chosen religion.
The Dalai Lama has also stated that any sex other than penis-vagina intercourse with
one's own monogamous partner, including oral sex, anal sex, and masturbation is
improper from the Buddhist perspective. In his 1996 book Beyond Dogma, he states,
"A sexual act is deemed proper when the couples use the organs intended for sexual
intercourse and nothing else... homosexuality, whether it is between men or between
women, is not improper in itself. What is improper is the use of organs already
defined as inappropriate for sexual contact."
The Dalai Lama cited the Indian Buddhist texts of Vasubandhu, Asanga,
and Ashvaghosha as his sources concerning what constitutes inappropriate sexual
behavior. In 1997 he stated: "Sexual organs were created for reproduction between
the male element and the female element — and everything that deviates from that
is not acceptable from a Buddhist point of view." The Dalai Lama has repeatedly
said to LGBT groups that he can't rewrite the texts. He thinks that this is the type of
issue that would need to be discussed by a council of Buddhist elders from all
Buddhist traditions.

Theravada Buddhism
Peter Jackson, an Australian scholar of sexual politics and Buddhism in Thailand,
writes that "Buddhism is a complex tradition and there is no single canonical or

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scripturally sanctioned position on homosexuality."[57] Thailand is one of several

countries with a large population of Theravada Buddhist.
In traditional Thai Buddhist accounts of sexuality, "[sexual] actions and desires have
an involuntary cause [and] do not themselves accrue any future karmic
consequences. They are the outworking of past karma, not sources for the
accumulation of future karma. According to Bunmi, homosexual activity and the
desire to engage in homosexual activity fall into this category and are not sinful and
do not accrue karmic consequences."[57] Jackson writes that this understanding of
homosexuality "prevailed in Thailand until recent decades."[57]
In the 1980s in Thailand, during the AIDS epidemic, there was "a shift in Buddhist
attitudes from relative tolerance of homosexuality to condemnation." These views
were "unprecedented in recent Thai history."[57] During this time there were two
ways Buddhists viewed homosexuality: in the sympathetic view, it was said that
homosexuality arose from the karma of previous lifetimes; in the intolerant view, it
was seen as arising from immoral conduct in one's present life.[57]
In 1989, the supreme governing body of the Thai sangha affirmed that "gays" (here
translated from Thai kathoey) are prohibited from being ordained.[58] Their
declaration has apparently gone unheeded in some quarters, as Phra Pisarn
Thammapatee (AKA Phra Payom Kalayano), one of the most eminent monks in the
country, demanded in 2003 that 1,000 gay monks be ousted from the sangha, and
that better screening processes are put in place to keep out any gay postulants.
Recently, Phra Payom Kalayano, an eminent monk and abbot, affirmed the rights of
gay monks to join the Sangha: "In the past, katoey had no hope of being ordained
because the rules were stricter and society was less open minded. But they have just
as much right as anyone else to join the monkhood." This view has been affirmed by
other Thai Theravada monks. But it's not known if that statement given by Phra
Payom was supported only by some monks of his sangha or by official structures of
his Theravada school. There is no information if any other Thai branches of
Theravada has changed their attitude towards LGBT ordination because other
Theravada branches does not seem to have changed their attitude on this issue.

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CHAPTER TWENTY-NINE
JAPANESE BUDDHISM
See also: Homosexuality in Japan § Monastic same-sex love
Several writers have noted the strong historical tradition of open bisexuality and
homosexuality among male Buddhist institutions in Japan. When
the Tendai priest Genshin harshly criticised homosexuality as immoral, others
mistook his criticism as having been because the acolyte wasn't one's own. Chigo
Monogatari, "acolyte stories" of love between monks and their chigo were popular,
and such relationships appear to have been commonplace, alongside sex with
women.
Western Christian travellers to Japan from the 16th century have noted (with
distaste) the prevalence and acceptance of forms of homosexuality among Japanese
Buddhists[67]—Jesuit priest Francis Cabral wrote in 1596 that "abominations of the
flesh" and "vicious habits" were "regarded in Japan as quite honourable; men of
standing entrust their sons to the bonzes to be instructed in such things, and at the
same time to serve their lust".[68]
A 17th-century Japanese Buddhist scholar, Kitamura Kigin , wrote that Buddha
explained the pursuit of homosexuality over heterosexuality among priests:
It has been the nature of men's hearts to take pleasure in a beautiful woman since the
age of male and female gods, but to become intoxicated by the blossom of a
handsome youth... would seem to be both wrong and unusual. Nevertheless,
the Buddha preached that [Mount] Imose was a place to be avoided and the priests
of the law entered this Way as an outlet for their feelings, since their hearts were,
after all, made of neither stone nor wood. Like water that plunges from the peak of
Tsukubane to form the deep pools of the Minano River, this love has surpassed in
depth the love between women and men in these latter days. It plagues the heart not
only of courtier and aristocrat but also of brave warriors. Even the mountain dwellers
who cut brush for fuel have learned to take pleasure in the shade of young saplings."
— Wild Azaleas (1676)

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A later Japanese legend attributed the introduction of monastic homosexuality to

Japan to Shingon founder Kukai, although scholars now dismiss the veracity of this
assertion, pointing out his strict adherence to the Vinaya. Nonetheless, the legend
served to "affirm same-sex relation between men and boys in 17th century Japan."

Chinese Buddhism
About Buddhism and homosexuality in China, scholar A. L. De Silva writes,
"Generally the attitude has been one of tolerance. Matteo Ricci, the Jesuit missionary
who lived in China for 27 years from 1583, expressed horror at the open and tolerant
attitude that the Chinese took to homosexuality and naturally enough saw this as
proof of the degeneracy of Chinese society."
Venerable Hsing Yun, one of the premier figures in contemporary Chinese
Buddhism, has stated that Buddhism should never teach intolerance toward
homosexuality, and that people should expand their minds.
Marriage is an institution that reflects the values of the society that supports it. If the
people of a society no longer believe that it is important to be married, then there is
no reason why they cannot change the institution of marriage. Marriage is a custom.
Customs can always be changed. We can find the same core point in this question
as we have in others — the ultimate truth of the matter is that individuals can and
should decide for themselves what is right. As long as they are not violating others
or breaking the laws of the society in which, they are living, then they are free to do
what they believe is right. It is not for me or anyone else to tell them that they must
get married if they want to live together. That is their choice and their choice alone.
The same analysis can be applied to homosexuality. People often ask me what I think
about homosexuality. They wonder, is it right, is it wrong? The answer is, it is neither
right nor wrong. It is just something that people do. If people are not harming each
other, their private lives are their own business; we should be tolerant of them and
not reject them.
However, it will still take some time for the world to fully accept homosexuality. All
of us must learn to tolerate the behavior of others. Just as we hope to expand our
minds to include all of the universe, so we should also seek to expand our minds to
include all of the many forms of human behavior.
Tolerance is a form of generosity and it is a form of wisdom. There is nothing
anywhere in the Dharma that should ever lead anyone to become intolerant. Our goal

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as Buddhists is to learn to accept all kinds of people and to help all kinds of people
discover the wisdom of the teachings of Shakyamuni Buddha.

HSING YUN, BUDDHISM PURE AND SIMPLE

Hsing Yun is a best-selling author throughout the Sinosphere, as well as an advocate
of Humanistic Buddhism, an approach to reform Chinese Buddhism to match the
needs of contemporary laypeople. As such, his views may not be wholly reflective
of the older Buddhist views in China. However, at an earlier point (1998), he is
quoted as remarking that "according to Buddhism, any emotional involvement,
whether homosexual or heterosexual, is a form of attachment ... and, therefore, is a
source of suffering," and when the topic of homosexuality, in particular, came up
"the master spoke more strongly, calling homosexuality a perverted view (xiejian)."
An example of an older view in opposition to homosexuality is given by the
traditional master, Hsuan Hua, an important figure for Buddhism in both China and
the United States. Master Hsuan Hua stated that homosexuality "plants the seeds that
lead to rebirth in the lower realms of existence".[76] In his commentary on the Sutra
of Forty-two Chapters, he described homosexuality as behavior caused by confusion,
as the product of sexual desires.[77]
Some Mahayana Buddhist leaders were active in the movement for same-sex
marriage rights in Taiwan which legalized same-sex marriages in 2019.[78][79][80][81]

BUDDHISM IN THE WEST

Soeng Hyang, current headmaster of the Kwan Um School of Zen
In contrast to Buddhism in Asia, modern Buddhism in the Western world (European
Union, United States of America, Canada, Australia and New Zealand) is typically
associated with a concern for social equality—partly as a result of its largely middle-
class intellectual membership base, and its philosophical roots
in freethought and secular humanism.[82] When applying Buddhist philosophy to the
question of homosexuality, western Buddhists often emphasize the importance the
Buddha placed on tolerance, compassion, and seeking answers within one's self.
They stress these overarching values rather than examining specific passages or
texts. As a result, western Buddhism is often relatively gay-friendly, especially since
the 1990s. As an interpretation of what is sexual misconduct is an individual decision
and not subject to judgment by any central authority, a view of accepting all peoples,
but rejecting certain types of sexual acts is more predominant. LGBT people such

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as Issan Dorsey, Caitriona Reed, Pat Enkyo O'Hara and Soeng Hyang have been
ordained as Buddhist monastics and clergy.
An interesting position comes from the western scholar Alexander Berzin,
The texts in Buddhist traditions have been written from the point of view of a
heterosexual male. We need to explore the intention of the teachings on sexual
misconduct, which ultimately is to eliminate attachment, obsessive desire, and
dissatisfaction. If a heterosexual male finds no bounds to these disturbing emotions,
he might have sex with someone else's partner, as well as other men. We can apply
the same logic and explore what constitutes boundless attachment and dissatisfaction
for homosexual and bisexual males or females. For example, having sex with
somebody else's partner and so on could be destructive for these types of person as
well".
The Dzogchen Ponlop Rinpoche, holder of the Karma Kagyu and Nyingma lineages,
in a 2008 talk delivered to LGBT Dharma practitioners at the Shambhala Meditation
Center of New York, stressed that for vajrayana lay practitioners, homosexual
relationships are no better or worse than heterosexual relationships and that only
unhealthy relationships, in general, are to be avoided. Both
the Nalandabodhi sangha, which was founded by The Dzogchen Ponlop Rinpoche,
and the Shambhala sanghas founded by Chögyam Trungpa Rinpoche have stated
that they are welcoming of all sexual orientations.[83][84] The Shambhala Meditation
Center of New York hosts a weekly practice group, Queer Dharma, specifically
catering to the needs of the LGBTQ Buddhist community. According to
the Danish Karma Kagyu Lama Ole Nydahl, Buddha saw homosexuality as
circumstances making life more difficult, but also explained the reason for
homosexuality could be aversion against the opposite sex in a former life. Nydahl
says however that sexual orientation is not really important in order to practice
Buddhism. Well known Zen Buddhist, Thich Nhat Hanh, notes the spirit of
Buddhism is inclusiveness and states "when you look at the ocean, you see different
kinds of waves, many sizes and shapes, but all the waves have water as their
foundation and substance. If you are born gay or lesbian, your ground of being in
the same as mine. We are different, but we share the same ground of being."
The U.S. branch of Soka Gakkai International, a Japan-based new religious
movement (Japanese new religion) influenced by Nichiren Buddhism, announced in
1995 that they would start holding wedding ceremonies for same-sex couples,] and
in 2001 established a conference for LGBT members and their supporters. A

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Buddhist temple in Salt Lake City connected with Jodo Shinshu, another Japanese
school of Buddhism, also holds religious rites for same-sex couples.
Another Buddhist organization founded in the West, Juniper Foundation, wrote an
article A Buddhist Vote for Same Sex Marriage demonstrating how Buddhist
thinking embraces same-sex marriage:
The heart of Buddhist thought is its insight philosophy, which uses critical inquiry
to challenge dogma and to reveal how seemingly fixed ideas are more arbitrary than
we might think. Applying this philosophy, we see that social customs are not fixed
laws but evolving conventions that serve a purpose in a particular culture and time.
Marriage is one of these conventions. It is not a rigid law but a social custom that
evolves.
In western traditions, there is widescale support for LGBT rights including the
European Buddhist Union, the Buddhist Churches of America, many Shin Buddhist
groups, and Zen leaders such as Thich Nhat Hanh. In a PEW research poll, 88% of
American Buddhists stated that homosexuality should be accepted. This was a higher
level of support than any other religious group studied.[100] On 2012,
the Australian branch of Buddhism voiced its support for same-sex marriage in a
hearing of the Australian Parliament that sought to gather views on whether to
legalize same-sex marriage.

BAHÁ'Í FAITH
Bahá'í law limits permissible sexual relations to those between a man and a woman
in marriage. Believers are expected to abstain from sex outside matrimony476. Bahá'ís
do not, however, attempt to impose their moral standards on those who have not
accepted the Revelation of Bahá’u’lláh. The Bahá'í Faith takes no position on the
sexual practices of those who are not adherents477. While requiring uprightness in all
matters of morality, whether sexual or otherwise, the Bahá’í teachings also take
account of human frailty and call for tolerance and understanding in regard to human

476
"A selection of extracts from the Bahá'í writings on family life and marriage". www.bahai.org.
477
"Office of Community Administration, ed. (9 July 2015), Compilation: Concerning issues related to homosexuality
(PDF), National Spiritual Assembly of the Bahá'ís of the United States" (PDF).

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failings. In this context, to regard homosexuals with prejudice would be contrary to

the spirit of the Bahá’í teachings478.
the baháʼí faith has an emphasis on what it describes as traditional family
values479, and marriage between a man and a woman is the only form of sexual
relationship permitted for baháʼís480. with an emphasis on chastity and restraint
outside of matrimony, baháʼí practices exclude premarital, extramarital,
or homosexual intimacy481. baháʼí institutions have taken no position on the sexual
practices of those who are not adherents482, and Baháʼís have been discouraged from
promoting or opposing efforts to legalize same-sex marriage483.
The scriptural basis for Baháʼí practices comes from
the writings of Baháʼu'lláh (1817–1892), the faith's founder, who
forbade fornication, adultery, and sodomy. The Baháʼí position towards
homosexuality was elaborated on by Shoghi Effendi, Baháʼu'lláh's great grandson
and appointed head of the religion from 1921 to 1957. He answered specific
questions and described homosexuality as an affliction that should be overcome,
while leaving Baháʼí membership open to anyone regardless of sexual orientation.
This position leaves Baháʼís with a same-sex orientation under similar guidance as
a heterosexual person, that is, if they find themselves unable to contract a marriage
with someone of the opposite sex, they should remain celibate.
The supreme governing institution of the Baháʼí Faith is the Universal House of
Justice, first elected in 1963, which has written more extensively on the subject of
homosexuality. For example, they have clarified that Baháʼís should not single out
homosexual practice over other transgressions of Baháʼí conduct, should not treat
those with a homosexual orientation with disdain or prejudice484, and should not
attempt to impose their standards on society485.

478
"The Baha'i Teachings and Homosexuality”. Baha’is of the United States.
479
Wilcox, Melissa M. (2006). "Same-Sex Eroticism and Gender Fluidity in New and Alternative Religions". In
Gallagher, Eugene V.; Ashcraft, W. Michael (eds.). History and Controversies. Introduction to New and Alternative
Religions in America. Vol. 1. Westport, Connecticut • London: Greenwood Press. ISBN 978-0275987121.
480
Hartz, Paula (2009). World Religions: Baha'i Faith (3rd ed.). New York, NY: Chelsea House Publishers. ISBN
978-1-60413-104-8.
481
Lepard, Brian D. (October 2008). In the Glory of the Father: The Bahai Faith and Christianity (New ed.). United
States: Bahai Publishing. ISBN 978-1931847346.
482
Office of Community Administration, ed. (9 July 2015), Compilation: Concerning issues related to homosexuality
(PDF), National Spiritual Assembly of the Baháʼís of the United States
483
Universal House of Justice (27 October 2010). "Letter to an American Baháʼí". Retrieved 2017-07-10.
484
Universal House of Justice (22 March 1987), Letter written to an individual.
485
Universal House of Justice (9 May 2014). "Letter to an American Baháʼí". Retrieved 2018-09-08.

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The exclusion of same-sex marriage among Baháʼís has garnered considerable

criticism in the western world, where the Baháʼí teachings on sexuality "may appear
to be unreasonable, dogmatic, and difficult to apply in Western
society"486. Particularly in the United States, Baháʼís have attempted to reconcile the
immutable conservative teachings on sexuality with the otherwise socially
progressive teachings of the Faith, but it continues to be a source of
controversy487. Former Baháʼí William Garlington said the Baháʼí position in
America, "can at most be characterized as one of sympathetic disapproval" toward
homosexuality488, and professor Melissa Wilcox describes Baháʼí teachings as
leaving "little room for tolerance of same-sex eroticism", "not given to statements of
its disapproval", and "not generally vocally anti-LGBT."[2]

BAHÁʼÍ VIEWS ON SEXUALITY

Baháʼí teachings stress the importance of absolute chastity for any unmarried
person489, and focus on personal restraint. The Baháʼí Faith, however, leaves the
application of laws of social conduct largely up to the individual, and Baháʼís do not
advocate for or discriminate against homosexual people490.
While in authoritative teachings homosexuality is described as a condition that an
individual should control and overcome491, Baháʼís are left to apply the teachings at
their own discretion, and are discouraged from singling out homosexual practice
over other transgressions, such as the consumption of alcohol, or heterosexual
promiscuity492. Membership in the Baháʼí community is therefore open to lesbian
and gay adherents493. The Baháʼí Faith has been described as a religion "ambiguous
or contested on the issue of LGBT inclusion494". The religion has a strong emphasis

486
Kennedy, Sharon H.; Kennedy, Andrew (1988). "Bahá'í Youth and Sexuality A Personal/Professional
View" (PDF). The Journal of Bahá'í Studies. 1 (1).
487
Garlington, William (2008). The Baha'i Faith in America (Paperback ed.). Lanham, Maryland: Rowman &
Littlefield. ISBN 978-0-7425-6234-9.
488
ibid.
489
On behalf of Shoghi Effendi (5 March 1975), Research Department of the Universal House of Justice
(ed.), Homosexuality (published 5 July 1993), p. 4
490
Gallagher, Eugene; Ashcroft, William (2006). Introduction to New and Alternative Religions in America: History
and controversies. Greenwood Publishing Group. p. 256. ISBN 978-0-275-98713-8.
491
Universal House of Justice (12 January 1973a), Letter to an Individual.
492
On behalf of Shoghi Effendi (26 March 1950), Letter to an individual.
493
On behalf of Shoghi Effendi (4 November 1948), "Letter to the National Spiritual Assembly of the Baha'is of
Canada", Messages to Canada, Bahá’í Canada Publications
494
Gallagher, Eugene; Ashcroft, William (2006). Introduction to New and Alternative Religions in America: History
and controversies. Greenwood Publishing Group. p. 256. ISBN 978-0-275-98713-8.

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on traditional values found in Abrahamic religions, which discourage liberal

sexuality.
Baháʼí teachings state that Baháʼís should not treat homosexual people as
condemned outcasts, nor expect people who are not Baháʼí to follow Baháʼí
laws495. The Baháʼí writings teach adherents to treat everyone with respect and
dignity, and to eschew an attitude of discrimination and social intolerance toward
homosexuals496.
The opportunity for civil same-sex marriage was mentioned in a 2010 letter by
the Universal House of Justice as being a public issue that is not in keeping with the
Baháʼí teachings, but one that Baháʼís "would neither promote nor necessarily
oppose.’497

SIKHISM AND SEXUAL ORIENTATION

Sikhism has no written view on the matter, but in 2005, a Sikh religious authority
described homosexuality as "against the Sikh religion and the Sikh code of conduct
and totally against the laws of nature," and called on Sikhs to support laws against
gay marriage498. Many Sikhs are against this view, however499, and state that the
Sikh Scriptures promote equality and do not condemn homosexuality500.

Sikhism has no specific teachings about homosexuality and the Sikh holy scripture,
the Guru Granth Sahib, does not explicitly
mention heterosexuality, homosexuality or bisexuality. The universal goal of a Sikh
is to have no hate or animosity to any person, regardless of factors like race, caste,
color, creed or gender501.
Statements and teachings of Guru Granth Sahib[edit]

495
Universal House of Justice (16 March 1992a), Letter.
496
Universal House of Justice (11 September 1995). "Letter written to the National Spiritual Assembly of the Baháʼís
of the United States". The American Baháʼí (published 1995-11-23). Qawl 152 BE. Retrieved 2017-07-10.
497
Universal House of Justice (27 October 2010). "Letter to an American Baháʼí". Retrieved 2017-07-10.
498
World Sikh group against gay marriage bill, CBC News, Tuesday, 29 March 2005.
499
"Sikhism and same Sex Marriages". sarbat.net. p. 1. Archived from the original on 14 August 2010. Retrieved 3
September 2010.
500
"Sikhism, Yoga and Sexuality" (PDF). Project Naad. 2 September 2010. p. 33. Archived from the original (PDF) on
11 October 2010. Retrieved 2 September 2010.
501
Collins, Zurich (26 May 2011). "Homosexuality and Sikhism". Gaylaxy. Retrieved 10 Sep 2022.

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Giani Joginder Singh Vedanti of the Akal Takht (the temporal Sikh authority in
India) has condemned homosexuality. In March 2005, he told visiting Sikh-
Canadian Members of Parliament (MPs) that they had a religious duty to
oppose same-sex marriage: "The basic duty of Sikh MPs in Canada should be to
support laws that stop this kind of practice [homosexuality], because there are
thousands of Sikhs living in Canada, to ensure that Sikhs do not fall prey to this
practice"502.
The divide between supporters and opponents of LGBT rights has become
increasingly clear, creating a largely generational rift between older conservatives
and younger liberals. Many Sikhs believe there is nothing wrong with being LGBT
or supporting LGBT rights more generally, including same-sex marriage503. These
Sikhs believe that the view of some preachers in the Akal Takht is flawed504.
The Sikh Rehat Maryada emphasizes the importance of a family lifestyle, and many
Sikhs believe that since same-sex partners can't reproduce and make a family that
homosexuality should be condemned. This heteronormative way of viewing the
family is questioned by those who believe Sikhism is more tolerant of people not
viewed as “normal’505. Many Sikh adherents believe the Rehat Maryada is meant to
be interpreted and applied to life liberally rather than treated as a binding contract506.

502
"World Sikh group against gay marriage bill". CBC News. 29 March 2005. Retrieved September 17, 2021.
503
"Sikhism and same Sex Marriages". sarbat.net. p. 1. Archived from the original on 14 September 2010. Retrieved 3
September 2010.
504
Jhutti-Johal, Jagbir (June 9, 2011). Sikhism Today. A&C Black. ISBN 9781847062727.
505
Sorajjakool, Siroj; Carr, Mark; Man, Julius J (September 10, 2009). World Religions for Health Care Professionals.
Routledge. ISBN 9781135220808.
506
"How Sikhs Got Their Rehat Maryada". SikhNet. January 2, 2013. Retrieved September 17, 2021.

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CHAPTER THIRTY
HOMOSEXUALITY IN SCRIPTURE
According to the Sikh Council theres no objection to same sex couples wanting to
make commitments/vows to each other, as they currently do so when they enter civil
partnerships. Nor do we object to same sex couples having all legal and other rights,
similar to a married couple within a civic union. However, we object to the word
marriage being used to replace civil union. The word marriage and its concept are
sometimes also used to describe or used as a translation of the 'Anand Karaj'
ceremony. The 'Anand Karaj' is specifically a Sikh ceremony, when union between
a man and a woman is solemnised in the presence of Guru Granth Sahib. The Sikh
Reht Maryada (Sikh Code of Conduct and Conventions)", clearly states that the
'Anand Karaj' ceremony can only take place in the presence of the Guru Granth Sahib
in a Gurdwara between a male and female507.

507
"Sikh Council UK Policy on Same Sex Marriages" (PDF). Sikh Council UK. August 2010.

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CHAPTER THIRTY-ONE
CURRENT DISCUSSION
Although the topic of homosexuality in Sikhism is taboo, the younger generation is
looking to the internet for answers. The internet has become a new way for young
Sikhs, born inside and outside of India, to discuss religion and current issues
anonymously. The internet allows people access to information without the
discomfort of talking about it within the community508. The internet has become a
tool for young Sikhs to get information about current issues that may not be
discussed directly within their communities.
Certain individuals use the internet to discuss homosexuality in the community. A
Sikh, Manjinder Singh, describes his experiences as a gay Sikh man, using his own
platform on YouTube to reach a wider audience in an attempt to generate dialogue
in the community that begins by defining what it means to be queer. In one of his
videos, he has a conversation with his mother about homosexuality in Punjabi 509.
This video defines what it means to be gay, lesbian, bisexual, and being transgender
in Punjabi and is targeted to the audience that doesn't necessarily understand the
different sexual and gender identities. Other famous Sikh YouTube stars such Sikh
Canadian comedian Jus Reign (Jasmeet Singh)510, and Lilly Singh have openly
voiced their support for LGBT rights. In fact, Lilly Singh announced her bisexuality
on Youtube511.
In January 2005, the Jathedar (custodian) of Sri Akal Takht Sahib, Amritsar, Punjab,
India, the highest seat of Sikh temporal-religious (miri-piri) authority for interpreting
Sikh teachings, issued an edict denouncing same-sex marriages, and urging the
worldwide Sikh community not to allow such marriages to take place at any

508
Jakobsh, Doris R. (2006). "Authority in the Virtual Sangat, by Doris R. Jakobsh". Online - Heidelberg Journal of
Religions on the Internet. doi:10.11588/rel.2006.1.374.
509
Manjinder Singh Sidhu (June 7, 2015). "Coming Out Panjabi". YouTube. Archived from the original on 2021-12-
21. Retrieved September 17, 2021.
510
"MY THOUGHTS ON GAY RIGHTS (Vlog 273". YouTube. Retrieved September 17, 2021.[dead YouTube link]
511
Baggs, Michael (February 25, 2019). "Lilly Singh: Why the YouTuber Coming Out As Bisexual is 'Worth
Celebrating'". BBC. Retrieved September 17, 2021.

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Gurdwara." This was in response to clarification sought from Sikhs in Canada as

similar legislation was being discussed and consulted on in Canada512.

IDENTITY FORMATION
Both the Sikh identity and sexual identities affect a person's self concept and how
they relate to their community. Like other religions, Sikhism strives to cultivate a
sense of identity through religious practices, but in Sikhism, there is a shared
common physical identity too. Through the process of identity formation, people
begin to build a sense of individuality that allows them to find communities of people
that they identify with. Identity formation at the intersection of Sikh and sexual
identities has not been a focus of many studies. As the Sikh diaspora starts forming
in places like Britain, some researchers are interested in understanding how these
ethnic, religious, and sexual identities affect one's self-concept513. Many queer Sikhs
find it difficult to reconcile their religious identity with their sexual identity514.

NARRATIVE.
Some research is aiming to understand how the Sikh narrative and the narrative of
sexuality coincide and conflict with one another. In an article written by David Mair
for the University of Birmingham, David examines the life narrative of an openly
gay, practicing Sikh named Daljeet. This study aimed to understand how clashing
narratives affect one's self-concept and relationship to the community at large. After
having an in-depth conversation with Daljeet, David found that many of the
struggles that he faced were because of the clash of narratives in his own life.
Daljeet's narratives of Indian masculinity, ethnicity, religion, and sexuality
conflicted with one another and his self-concept is deeply affected by it. Those who
do not conform to hetero-normative and binary definitions of gender and sexuality

512
http://sikhcounciluk.org/wp-content/uploads/2010/08/Sikh-Council-UK-Policy-on-Same-Sex-Marriages.pdf[bare
URL PDF
513
Jaspal, Rusi (2012). "British Sikh Identity and the Struggle for Distinctiveness and Continuity" (PDF). Journal of
Community & Applied Social Psychology. 23 (3): 225–239. doi:10.1002/casp.2115. hdl:2086/8038.
514
Jaspal, Rusi (2012). "'I never faced up to being gay': sexual, religious and ethnic identities among British Indian
and British Pakistani gay men" (PDF). Culture, Health & Sexuality. 14 (7): 767–
780. doi:10.1080/13691058.2012.693626. hdl:2086/8019. PMID 22651130. S2CID 43364046.

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are tasked with creating a new narrative that incorporates all aspects of their identity
in an encompassing way515.

EAST ASIAN RELIGIONS.

Among the Taoic religions of East Asia, such as Taoism, passionate homosexual
expression is usually discouraged because it is believed to not lead to human
fulfillment.[186]

CONFUCIANISM
Confucianism, being primarily a social and political philosophy, focused little on
sexuality; whether homosexual or heterosexual. However, the ideology did
emphasize male friendships, and Louis Crompton has argued that the "closeness of
the master-disciple bond it fostered may have subtly facilitated
homosexuality".[187] Homosexuality is not mentioned in the Analects of
Confucius.[188]

TAOISM.
There is no single official position on homosexuality in Taoism, as the term Taoism
is used to describe a number of disparate religious traditions encompassing a variety
of views. Although Taoist alchemy generally emphasized that ejaculation in
heterosexual relationships represented a draining of the male's "life essence," this
concept was not generally extended to non-heterosexual sex.
In a similar way to Buddhism, Taoist schools sought throughout history
to define what would be sexual misconduct. Broadly speaking, the precept against
"sexual misconduct" in Taoism relates to extramarital sex. The term for a married
couple usually in Chinese suggests a male with a female, though Taoist scripture
itself does not explicitly say anything against same-sex relations. Many sorts of
precepts mentioned in the Yunji Qiqian , The Mini Daoist Canon, does not explicitly
say anything against same-gender relations as well.
Homosexuality is not unknown in Taoist history, such as during the Tang dynasty
when Taoist nuns exchanged love poems. As a sexual misconduct however would

515
Mair, David (2010). "Fractured narratives, fractured identities: cross-cultural challenges to essentialist concepts of
gender and sexuality". Psychology and Sexuality. 1 (2): 156–169. doi:10.1080/19419899.2010.484597. S2CID
144930321.

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depend on what sect or school they were from as some traditions considered
homosexuality to be misconduct and others did not mention it at all. There are also
certain talismans recorded in different traditions that claim to "cure" a person of the
"homosexual disease/desire". Attitudes about homosexuality within Taoism often
reflect the values and sexual norms of broader Chinese society and what region of
China the sect resided in (see Homosexuality in China).

RADICAL FAERIES
The Radical Faeries are a worldwide queer spiritual movement, founded in 1979 in
the United States.

WICCA
The Wiccan Charge of the Goddess, one of the most famous texts in Neopaganism,
states in the words of the Goddess, "all acts of love and pleasure are my
rituals".[193] In traditional forms of Wicca, such as Gardnerian and Alexandrian
Wicca, magic is often performed between a man and a woman, and the "Great Rite"
is a sex ritual performed between a Priest and Priestess representing the God and
Goddess;[194] however, this is not generally seen as excluding homosexuals or magic
between same-sex couples. Most groups still insist, however, that initiations be
conferred from man to woman or woman to man.

SATANISM
Both major Satanic traditions, The Satanic Temple and the Church of
Satan,[195] emphasise the right of the individual to free sexual expression. Lucien
Greaves, spokesperson of The Satanic Temple, has stated the Temple "will always
fight… to the death to ensure that there are equal rights for the gay community."

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CHAPTER THIRTY-TWO
UNITARIAN UNIVERSALISM
Main article: Unitarian Universalism and LGBTQ people
The first ordained minister of a major religious sect in the U.S. or Canada to come
out as gay was the UU Minister James Stoll in 1969. There have been
denominational resolutions supporting LGBTQ people since 1970, when a
resolution was passed that condemned discrimination against homosexuals.
Unitarian Universalism was the first denomination to accept
openly transgender people as full members with eligibility to become clergy; in 1988
the first openly transgender person was ordained by the Unitarian Universalist
Association (UUA).
The UUA has supported the marriage equality since 1996 and compared those who
resisted such equality to the resistance to the abolition of slavery, women's suffrage,
and the end of anti-miscegenation laws. Three-quarters of all UU congregations have
undertaken a series of organizational, procedural, and practical steps to become
acknowledged as a "Welcoming Congregation": a congregation that is intentionally
welcoming and inclusive of LGBTQ members. On June 29, 1984, the UUA became
the first major denomination "to approve religious blessings on homosexual unions."
Unitarian Universalists were in the forefront of the work to make same-sex
marriages legal in their local states and provinces, as well as on the national level.
In May 2004, Arlington Street Church, Boston, was the site of the first state-
sanctioned same-sex marriage in the United States. LGBTQ people are regularly
ordained as ministers, and have also served at the highest levels of leadership in the
denomination, including as president of the Canadian Unitarian Council, interim co-
president of the Unitarian Universalist Association, and co-moderator of the UUA.

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HUMANISM
Humanism is a non-religious, non-theistic approach to life that supports full equality
for LGBTQ individuals, including the right to marry. Humanism and Its Aspirations,
a statement of humanist principles from the American Humanist Association, states
that "humanists are concerned for the well being of all, are committed to diversity,
and respect those of differing yet humane views...work to uphold the equal
enjoyment of human rights and civil liberties in an open, secular society and
maintain it is a civic duty to participate in the democratic process and a planetary
duty to protect nature's integrity, diversity, and beauty in a secure, sustainable
manner." The American Humanist Association provides a LGBT Humanist Pride
award and has funded a LGBT-inclusive prom for Itawamba County Agricultural
High School in Mississippi. The organisation LGBT Humanists UK "is a United
Kingdom-based not-for-profit that campaigns for lesbian, gay, bisexual and
transgender (LGBT) equality and human rights and promotes Humanism as an
ethical worldview." It was formerly an independent group, but since 2012 has been
a part of the charity Humanists UK. In 2009 they gave Stephen Fry an award "for
his services to humanism and gay rights."
Humanists UK Chief Executive Andrew Copson, who is gay, once wrote that
"humanists have always been champions of LGBT rights" and cited his
organisation's many years campaigning for decriminalisation and LGBT equality in
the UK, including legal same-sex marriages. He pointed out the large number of
LGBT people in the movement, including Stephen Fry, Christian Jessen, and Peter
Tatchell, as well as historical associations with humanism like the writer Virginia
Woolf and E M Forster.[216] In a statement following the Orlando nightclub
shooting for the International Humanist and Ethical Union, of which Copson is also
President, he went further, saying "Humanism is the ultimate, long-standing and
unfaltering ally of LGBTI people everywhere".

CANDOMBLÉ
In Candomblé, homosexuality is usually accepted and explained by the sex of one's
orisha.[218] Homosexuality would be more probable in a man with a female orisha, a
woman with a male orisha, or any of them with an androgynous orisha (such
as Olokun).

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UNIFICATION CHURCH
Unification Church views heterosexual marriage which becomes "fruitful" by
raising their children as God's ideal. Any other sexual relationship, than between
husband and wife, is considered a sin. Unification Church founder Sun Myung
Moon opposed homosexuality and free sex and in some of his speeches compared
such relationships to "dirty dung filled water" and that "Satan and dirty dung-eating
dogs go after that".He prophesied that "gays will be eliminated" in a "purge on God's
orders".

RELIGIOUS GROUPS AND PUBLIC POLICY.

Opposition to same-sex marriage and LGBT rights is often associated with
conservative religious views. The American Family Association and other religious
groups have promoted boycotts of corporations whose policies support the LGBT
community.
In conservative Islamic nations, laws generally prohibit same-sex sexual behaviour,
and interpretation of Sharia Law on male homosexuality carries the death penalty.
This has been condemned as a violation of human rights by human rights
organisation Amnesty International and by the writers of the Yogyakarta principles.
With the signature of the US in 2009, the proposed UN declaration on LGBT
rights has now been signed by every European secular state and all western nations,
as well as other countries—67 members of the UN in total. An opposing statement
put forward by Muslim nations was signed by 57-member states, mostly in Africa
and Asia. 68 out of the total 192 countries have not yet signed either statement. In
2011 the United Nations Human Rights Council passed a landmark resolution
initiated by South Africa supporting LGBT rights (See Sexual Orientation and
Gender Identity at the United Nations.

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CHAPTER THIRTY-THREE
ATHEIST INTERPRETATION
Atheism is simply the lack of belief in a deity or deities and does not necessarily
dictate one's beliefs on other topics such as homosexuality. However, many atheists
support the rights of LGBTQ+ individuals and believe that sexual orientation is not
something that should be discriminated against or stigmatized. They may view
homosexuality as a natural aspect of human sexuality, rather than as a choice or a
moral failing.
According to Nicole Frame MS, Non-religious have been growing in numbers in the
United States over the past decade. Using 2014 survey data from the Public Religion
Research Institute, the attitudes toward same-sex marriage and same-sex adoption
of the non-religious were considered and the two non-religious groups examined
were Non-theists (atheists and agnostics) and the Religiously Disengaged (non-
religious but not atheist or agnostic). Our hypotheses ask hif Non-516theists are more
likely to support same-sex marriage and same-sex adoption than the Religiously
Disengaged. The hypotheses are tested across regression models that account for
lingering religiosity, religious upbringing, and knowing a homosexual person.

ATHEIST VIEWS
The American Atheists organization states on their website that they support equal
rights for LGBTQ+ individuals and advocate for the separation of church and state
to ensure that religious beliefs do not impact the rights of marginalized communities
A survey conducted by the Pew Research Center in 2014 found that 77% of atheists
and agnostics in the United States believed that homosexuality should be accepted
by society517
The Freedom from Religion Foundation, an organization that advocates for the
separation of church and state, has frequently spoken out against discrimination

516
Intragroup Differences of the Non-Religious: Attitudes Toward Same-Sex Marriage and Same-Sex Adoption in
the United States Nicole Frame, MS Pages 1509-1524 | Published online: 20 Dec 2019.
517
https://www.pewforum.org/religious-landscape-study/views-about-homosexuality/

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based on sexual orientation and has been involved in legal cases defending LGBTQ+
rights518
These sources suggest that many atheists support LGBTQ+ rights and do not view
homosexuality as immoral or unnatural. However, it is important to note that atheism
is a diverse and individualistic worldview, and beliefs on this topic may vary among
individuals who identify as atheists.
The Pew Research Center found that 4% of American adults identified as atheists
and 5% as agnostics in 2018 and 2019, compared with 2% atheists and 3% agnostics
in 2009. Another 17% of Americans described their religion as “nothing in
particular” in the survey, up from 12% in 2009519.
Despite the rising numbers, atheists and agnostics aren’t well understood. For all the
research on religion and spirituality, the systematic study of nonbelievers has only
taken off in the last 10 or 15 years. “For a hundred years, [psychologists] have been
looking at belief mostly through the lens of Protestant Christianity,” says Miguel
Farias, PhD, a professor of psychology and head of the Brain, Belief and Behaviour
group at Coventry University in England. “It’s only recently that we realized there
are all these people we haven’t really looked at. To actually look at belief, we must
consider all the variety of things that atheists or agnostics might believe.”
With that shift, researchers have begun painting a clearer picture of the psychology
of nonbelief. And though atheists still encounter prejudice in religious nations such
as the United States and Uganda, much of the evidence suggests that nonbelievers
and believers might not be so different after all.
According to a study In the United States, 39% of people who said they don’t believe
in God described themselves as atheists520
Nonbelief comes in many varieties. Technically, an atheist is someone who doesn’t
believe in a god, while an agnostic is someone who doesn’t believe it’s possible to
know for sure that a god exists. It’s possible to be both—an agnostic atheist doesn’t
believe but also doesn’t think we can ever know whether a god exists. A gnostic
atheist, on the other hand, believes with certainty that a god does not exist.

518
https://ffrf.org/news/news-releases/item/37667-ffrf-files-brief-against-hhs-rule-allowing-discrimination-against-
lgbtq-folks
519
520
Understanding Unbelief, University of Kent, 2019.

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Despite the fuzzy definitions, researchers are beginning to home in on the factors
that influence whether someone believes. Some prominent and outspoken atheists,
such as the evolutionary biologist Richard Dawkins, PhD, have famously argued that
anyone with keen critical thinking skills should reject religion. According to this line
of thinking, people with stronger analytical abilities are more likely to be
nonbelievers, since belief in a higher power requires having faith in something that
can’t be proven. The flip side of that argument is that believers may be more inclined
toward intuitive thinking—trusting their guts that a god exists, even in the absence
of hard evidence.
Back in 2012, Gervais was one of several researchers who published results
suggesting analytic thinking was associated with atheism (Science, Vol. 336, No.
6080, 2012). However, newer research casts doubt on the idea that analytical
thinking leads people to reject religion. “The current picture is a lot more nuanced,”
Gervais says.
Nearly half of all LGBTQ people are religiously unaffiliated, and yet we’ve lost
count of how many times we have heard those words—or similar ones—at LGBTQ
community events or from staff members of LGBTQ organizations521. The stark
contrast in hearing this language from leaders who are powerful and visible
advocates for LGBTQ equality serves to frame the difference in the political power
and achievements of the LGBTQ and Secular Movements.
The LGBTQ Movement has a long and impressive history of encouraging people to
come out and celebrate their identities. Pioneers like Harvey Milk have paved the
way for occasions like pride parades to become annual events in hundreds of cities
and towns throughout the nation. Coming Out Day is another event that serves to
normalize LGBTQ people and to provide role models for young people grappling
with their identity522
The Secular Movement has been led by some extraordinary figures, and we at
American Atheists are proud to be continuing the work of our founder, Madalyn
Murray O’Hair. But in general, there hasn’t been much work done to help closeted
atheists come out. Although about a quarter of Americans are religiously
unaffiliated, the visibility of atheists, agnostics, and other non-religious Americans

521
Coming Out as LGBTQ, Coming Out as Atheists, OCTOBER 11, 2018 AMERICAN ATHEISTS BLOG POSTS.
522
This blog post was written by Nick Fish and Alison Gill in celebration of the 30th Annual National Coming Out
Day.

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lags far behind that of the LGBTQ community. Outspoken atheists are the exception
rather than the rule, and while there are 75 million non-religious Americans, very
few of them are open about their lack of religious belief.
According to Nick Fish, being openly atheist can be difficult. In the more religious
areas of the nation, coming out as an atheist can result in discrimination, harassment,
family rejection, loss of friends, and even violence. Even in more cosmopolitan areas
of the country, where being an atheist can seem almost commonplace, many are still
reluctant to discuss their beliefs.
He argues that while it can be risky to come out, it’s also essential to normalizing
their identity, which allows others to recognize their shared humanity.
According to the Pew Forum, 87% of adults in America know someone who is gay
or lesbian, and 30% know someone who is trans. Pew’s research also shows that
among those who have become more accepting of LGBTQ people, most say that
they have LGBTQ friends or family members. Despite the fact that there are at least
twice as many atheists in the US than there are LGBTQ people, only 60% of adults
say that they know someone who is atheist. Pew also reports that people who know
at least one atheist feel much warmer about our community than those who do not.
This in effect highlights that the fact that gay atheists exist.
The first Presdeint of American Atheists argues that Whether one is LGBTQ, atheist,
or both, being visible as a community is essential to build political power, to
advocate for their rights, and humanize them in the eyes of the public, to oppose
stigma, and to provide role models for their youths.
There was an action by the American Atheists brought who brought suit against
Arkansas State Senator Jason Rapert for violation of their Atheist First Amendment
rights by blocking them from engaging in public forums on social media. This
lawsuit was part of the Atheists ENGAGE, a new campaign launched by American
Atheists to fight discrimination by government officials in public forums.
Nick Fish is the first President of American Atheists who is openly gay and Alison
Gill, Vice President of Litigation and Policy, is the first openly trans women in a
senior leadership position in any atheist organization.

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DECLINED BELIEF AND HIGH RATES OF NON-

RELIGIOUSNESS AMONGST LGBTQIA+
According to Philip Schwadel & Aleksandra, Lesbian, gay and bisexual Americans
are less religious than straight adults by traditional measures.
A new analysis of data from Pew Research Center’s 2014 Religious Landscape
Study highlights that bisexual and gay adults are less likely to affirm to attendance
of weekly sevices523. This is with implication that their rate of being religious is less
and as such, possible atheists.
For starters, gay, lesbian and bisexual adults are substantially less likely than straight
adults to affiliate with a religious group. Four-in-ten (41%) identify as atheist,
agnostic or “nothing in particular,” compared with just 22% of straight adults who
say the same. (The survey asked respondents whether they identify as lesbian, gay,
bisexual or straight but did not ask about other identities related to gender and
sexuality.)
LGBTQIA+ adults less likely than straight Americans to say they believe in God,
attend religious services weekly A similar dynamic is at work when it comes to
religious service attendance, which is one of the most standard measures of religious
participation. About two-in-ten bisexuals (19%) and 16% of lesbian and gay
Americans say they attend religious services weekly. By comparison, 36% of
straight adults attend a house of worship regularly524.
Futher study by Pew Research reveals that LGBTQIA+ Americans – who made up
5% of respondents in the survey – were alao much less likely to say that scripture
was the word of God, with 38% of bisexuals and 33% of gays and lesbians saying
this. By comparison, 61% of straight Americans see the Bible or other holy scripture
as God’s word. Likewise, while about a third of gays, lesbians and bisexuals (34%)
say that religion is very important in their lives, more than half of straight Americans
say this (54%).
The religious gap between LGB and straight adults narrows somewhat on the
question of belief in God or a higher power. About three-quarters of LGB adults

523
Discovering Atheism: Heterogeneity in Trajectories to Atheist Identity and Activism Get access Arrow
Stephen LeDrew.
524
Sociology of Religion, Volume 74, Issue 4, WINTER 2013, Pages 431–453, https://doi.org/10.1093/socrel/srt014
Published: 04 April 2013.

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(77%) say they believe in God, lower than the share of straight Americans who say
this (89%).
Though LGBTQIA+ adults may be less religious than straight Americans by some
measures, the gaps between these groups generally narrow when it comes to
questions about spirituality.
LGBTQIA+ adults about as likely as straight Americans to meditate, think about the
meaning of lifeFor example, LGB adults are as likely as straight adults to say they
think about the meaning and purpose of life at least weekly. LGB Americans also
are as likely as straight Americans to meditate at least once a week, with roughly
four-in-ten in each group saying they do this.
LGBTQIA+ Americans are more likely than straight adults to say they regularly feel
a deep sense of wonder about the universe. Roughly half of gay and lesbian adults
(51%) and bisexuals (53%) say this, compared with 45% of straight Americans.
At the same time, LGB adults are less likely than straight adults to say they feel a
deep sense of spiritual peace and well-being at least once a week, and are somewhat
less likely to say they regularly feel a strong sense of gratitude or thankfulness.

CRITICISM TOWARDS ATHEISM AND

HOMOSEXUALITY
According to Solomon Sami Azar525, Disgruntled homosexuals invent Atheism, He
states that if you are a heterosexual atheist You were brainwashed by the
homosexuals as all humans are a simple gullible creature until Truth found.
He reasserts that atheists are nothing more than disgruntled homosexuals- if by small
chance you are a heterosexual atheist this is simply because you were brainwashed
by the homosexuals as all humans are a simple gullible monkey creature without
knowledge of our infinite souls and guidance by god....Homosexuals are nothing
more than abused children which made by god TO MIRROR the disgust in so called
normal civilized behavior of sex lusting monkey people of the earth- everyone
repent. God guided separation of church and state so many ignorant self centered
savages from the earth could be gathered in one dog kennel called America and try
to melt together in Jesus name- very subtle and you may say entrapment as the dog

525
International Kindle Paperwhite.

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learned how to obey- enough time given- submit or simply watch everything you
ever loved slaughtered before your eyes- survivors grow stronger-this is how it
works on earth contrary to free love hippie fagot and agnostic ways of stupidity -
Repent.

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CHAPTER THIRTY-FOUR
THE AFRICAN ATTITUDE TOWARDS ATHEISM AND
HOMOSEXUALITY.
Ban on gay film is uncalled for”, says the Atheists in Kenya Society. On 29
November, representatives of Atheists in Kenya Society appeared before the
Registrar of the High Court. The society will next appear before the Judge on 15
March 2023.
Atheists in Kenya Society is an Associate Member of Humanists International and
was founded in 2013 The organization, which unites Kenya’s atheist community,
became the first non-religious society to be registered under the Societies Act526 in
February 2016 after its initial rejection. However, only two months later the
organization’s registration was suspended after the then-attorney general, Prof.
Githu Muigai cited complaints from religious groups.
It was founded by its current President, Harrison Mumia who challenged their
suspension at the High Court, succeeding in the reinstatement of society’s status in
2018.
In a press release on 24 September, the Atheists in Kenya Society, an Associate of
Humanists International, advocated against the ban on an LGBTI+ themed film and
demanded more diversity in mainstream film in the country.
The statement came after authorities in Kenya pulled the plug on a film, “I Am
Samuel”, that depicted a romantic love between men and called it an affront to the
country’s constitution.
The Atheist in Kenya Society further urged Kenya’s Film Classification Board to
stop engaging in “political homophobia” and focus on drafting policies on
digitalization that will spur creativity in Kenya’s film industry.

526
The Societies Act Kenya, Cap 108.

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Harrison Nyende Mumia, President of Atheists in Kenya Society, in a press release

said:
“The ban is a reflection of anti-LGBT attitudes that sadly, are still in full force in
many African countries, including Kenya where LGBTQ continue to be routinely
targeted by government authorities, religious groups, and those who claim to be
fighting to preserve ‘traditional values’.”
Giovanni Gaetani, Membership Engagement Manager, commented:
“Humanists International supports the position of our Associate Atheists In Kenya
Society and calls the Kenyan authorities to cancel the ban on the film “I Am Samuel”
in order to respect the right to artistic freedom and freedom of expression, but more
importantly to reaffirm the fact that LGBTI+ rights are human rights, protected
under the Universal Declaration of Human Rights and other international treaties
and declarations. Such a ban would instead reinforce the infamous stigma on
LGBTI+ people in Kenya and all around the world.
“Humanists International works to endorse, defend and promote the human rights of
LGBTI+ persons, as stated in 2018 in our policy statement approved during the
General Assembly in Auckland, New Zealand527
From the above discussion, its conclusive that the Atheist view and interpretation of
homosexuality is positive as different Atheist Gay groups around the world advocate
for gay rights and against bans ands acts that threaten the plight of gayism and
homosexuality despite the criticism as discussed above.

LGBTQIA+
The LGBTQIA+ acrynom stands for Lesbian, Gay, Bisexual, Transgender, Queer/
Questioning, Intersex, Asexual and + (Plus) which signifies the other gender
indenties/ sex orientations such as Pansexual, non-binary, Objectophilia among
others which letters can’t fully describe yet. This chapter consinders each element
distinctively as discussed below. Lesbianism Collins Dictionary defines
Lesbianism refers to homosexual relationships between women or
the preference that a woman shows for sexual relationships with women.

527
Talyor Online Page; Journal of Homosexuality Volume 68, 2021 - Issue 9776.

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Lesbianism, also called sapphism or female homosexuality is the tendency of a

human female to be emotionally and usually sexually attracted to other females, or
the state of being so attracted.
As it was first used in the late 16th century, the word Lesbian was the capitalized
adjectival term referring to the Greek island of Lesbos. Its connotation of
“female homosexuality” was added in the late 19th century, when an association was
made with the tender and often passionate poetry written by Lesbian poet Sappho528
to and about other women in her female coterie.
Just as heterosexual orientation produces a great variety of behaviours, so, too,
lesbianism presents no unified face. Some lesbians hide or deny their orientation,
marrying in order to be accepted by their families and communities. Others—often
in the relative anonymity of an urban setting—prefer to live openly as lesbians,
sometimes bearing and rearing children.
Broadly speaking, in late 20th-century Europe and North America, many of the
issues faced by lesbians were not radically different from those that concerned either
heterosexual women or many gay men. Like heterosexual women, lesbians were
affected by such issues as equal pay or the historical exclusion of women from
medical research studies, the latter of which led to a lack of understanding about the
effect of lesbian sexuality on women’s health. Like many gay men, many lesbians
in long-term relationships regretted the lack of legal recognition for same-sex
unions. Other issues of concern to lesbians included child rearing (ranging from the
inability to adopt a partner’s offspring to laws barring same-sex adoption, the sharing
of medical health benefits with a partner, the right to make health decisions for a
partner, taxes, inheritance, and other questions of family law. Starting in the early
21st century, many jurisdictions, particularly in Europe and North America, adopted
laws or constitutional provisions establishing the legality of same-sex unions or
recognizing the right of same-sex couples to marry (see same-sex marriage; in other
jurisdictions, such changes were affected through court decisions (see, for
example, Obergefell v. Hodges. Rights regarding family law were also addressed in
those changes or by other means.
Daughters of Bilitis (DOB), one of the first lesbian organizations to be established.
Founded in San Francisco in 1955, the organization took its name from a collection

528
Sappo C.610BCE.

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of poems written by Pierre Louÿs called Songs of Bilitis. Bilitis was a female
character who was romantically associated with Sappho, the female Greek lyric poet.
When DOB was established, there were few opportunities for lesbians to meet, and
lesbians were subject to discrimination and public hostility. The organization began
as a small, secret social club for lesbians, starting with just eight members. Among
the founding members of DOB were Del Martin and Phyllis Lyon, who would
become well-known lesbian rights activists. During the late 1950s other DOB
chapters were founded across America and in Australia too, although membership
numbers remained relatively small.
Early in the development of DOB, its role and membership criteria came under
scrutiny by its members. Conflicting views led some of the original founding
members to leave DOB. Those changes contributed to redefining DOB as a political
organization focused on lesbian rights, rather than as a purely social organization.
That was a radical development, given the social stigma of homosexuality at the
time.
In October 1956 DOB published the first issue of The Ladder, edited by Lyon,
initially under the pen name Ann Ferguson. The Ladder is usually regarded as the
first lesbian serial in America, although a short-lived publication titled Vice
Versa had existed in the late 1940s. The Ladder ceased publication in 1972,
following the 1970 secret takeover of the magazine by its editor, Barbara Grier, and
the DOB national president at the time, Rita LaPorte, both of whom favoured a
stronger lesbian feminist stance than that which the DOB generally advocated. That
event reflected one of the core tensions that surrounded DOB: whether it should
align itself with male-dominated gay rights groups, such as its ally the Mattachine
Society, or whether it should identify itself with lesbian separatist feminists. Those
conflicting perspectives led to DOB’s dissolution of its national organization in the
1970s, although local chapters persisted after that for several years.
Although it was plagued by tensions that reflected the difficult and politically loaded
social climate, DOB is credited with numerous achievements. Socially,
DOB facilitated one of the first opportunities for lesbians to meet and share their
everyday struggles. Politically, DOB began the long quest to achieve visibility and
acceptance for lesbians and to place lesbian rights on the civil rights agenda.

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BISEXUALITY
In 1859, anatomist Robert Bentley Todd first used the term ‘bisexuality' to refer to
the possession of ‘male’ and ‘female’ physical characteristics in the same body –
today, we might understand this as being intersex. This meaning was taken up by
nineteenth-century sexologists – scientists and psychologists studying sex and
sexuality, including Henry Havelock Ellis and Richard von Krafft-Ebing – who
explored evolution and speculated about “the latent organic bi-sexuality in each
sex”, noting that “at an early stage of development, the sexes are indistinguishable”.
By the beginning of the twentieth century, this meaning had shifted to focus on a
combination of ‘masculine’ and ‘feminine’ gendered characteristics – what today we
would describe as androgyny. The modern meaning of bisexuality, which describes
sexual and/or romantic attraction rather than sexed or gendered characteristics, only
developed in the 1910s. However, for many years the different meanings of
bisexuality were used at the same time and sometimes in the same texts. Sigmund
Freud made his famous claim about ‘universal’ bisexuality in 1915, but referred to
this both as a combination of masculinity and femininity and as a sexual or romantic
attraction, writing, “the sexual object is a kind of reflection of the subject’s bisexual
nature”.
In the late 1970s the current understanding of bisexuality, as an orientation or
capacity for attraction, became widely accepted in the UK as "the more common
usage". Around this point, bi groups and events started being established. The UK’s
first bi group, London Bisexual Group, was formed in 1981, followed by other
groups in Edinburgh (1984), Brighton (1985), Manchester (1986) and Glasgow
(1988), as well as a London-based Bisexual Women’s Group. A magazine, Bi-
Monthly, was founded, as well as two bi helplines in London and Edinburgh, and
the UK’s longest continually-running LGBTQ+ community event, the
annual BiCon.
Bi terminology and politics continued to evolve since the 1980s. While definitions
of bisexuality initially focused on attractions to ‘both’ genders, over time it became
more common to refer to ‘attraction to more than one gender’. The term ‘pansexual’
became popular in the 1990s in response to concerns about bisexuality upholding
the gender binary, using the prefix ‘pan’ (‘all’) to suggest attraction that is not limited
by gender. But this doesn’t mean that bi people are therefore only attracted to two
genders. Some people attracted to more than one gender identify as both bi and pan,
some as one or the other, and some as neither. The 1990 manifesto of Anything that

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Moves, a US bi magazine, explicitly stated that bisexuality shouldn’t be understood

as binary: “Do not assume that bisexuality is binary or duogamous in nature: that we
have “two” sides or that we must be involved simultaneously with both genders to
be fulfilled human beings. In fact, don’t assume that there are only two genders”.
Though bisexuality as a sexual orientation is part of LBGTQIA+ and a sexual
deviation as well, the complex history of bisexuality and the shifting use of language
being used to erase bi people’s identities, or suggest that they are a ‘phase’. This has
hugely damaging effects on bi people and communities. Stonewall’s Bi
Report shows that bi people often report not feeling welcome in LGBTQ+ spaces,
and experience much higher rates of discrimination from within the LGBTQ+
community. 43% of bi people have never attended an LGBTQ+ space or event,
compared to 29% of gay men and lesbians. Research also indicates that bi people
are also more likely to experience poor mental health, in part because of this erasure
and discrimination.

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CHAPTER THIRTY-FIVE
Transgender
According to the Merriam Webster Dictionary, Transgender means relating of, or
being a person whose gender identity differs from the sex the person had or was
identified as having at birth, especially : of, relating to, or being a person whose
gender identity is opposite the sex the person had or was identified as having at birth.
A transgender person (often abbreviated to trans person) is someone whose gender
identity or gender expression does not correspond with their sex assigned at birth529
Additionally, they may undergo sex reassignment therapies such as hormone
therapy and sex reassignment surgery to more closely align
their primary and secondary sex characteristics with their gender identity. Not all
transgender people desire these treatments, however, and others may be unable to
access them for financial or medical reasons. Those who do desire to medically
transition to another sex may identify as transsexual530
Transgender people are known to have existed since ancient times. A wide range of
societies had traditional third gender roles, or otherwise accepted trans people in
some form.531 However, a precise history is difficult because the modern concept of

529
Altilio, Terry; Otis-Green, Shirley (2011). Oxford Textbook of Palliative Social Work. Oxford University Press.
p. 380. ISBN 978-0199838271. Archived from the original on December 1, 2016. Retrieved April
12, 2016. 'Transgender' is an umbrella term for people whose gender identity and/or gender expression differs from
the sex that they were assigned at birth (Gay and Lesbian Alliance Against Defamation [GLAAD], 2007).

530
Bevan, Dana J. (17 November 2014). The Psychobiology of Transsexualism and Transgenderism. Santa Barbara,
California: ABC-Clio/Greenwood Publishing. p. 42. ISBN 9781440831270. OCLC 1021404840. Archived from the
original on 15 May 2022. Retrieved 14 May 2022. The term transsexual was introduced by Cauldwell (1949) and
popularized by Harry Benjamin (1966) [...]. The term transgender was coined by John Oliven (1965) and popularized
by various transgender people who pioneered the concept and practice of transgenderism. It is sometimes said that
Virginia Prince (1976) popularized the term, but history shows that many transgender people advocated the use of this
term much more than Prince.

531
"The Trans History You Weren't Taught in School. YES! Magazine. Archived from the original on 2022-01-23.
Retrieved 2022-01-23.

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being transgender, and gender in general, did not develop until the mid-1900s.
Historical understandings are thus inherently filtered through modern principles, and
were largely viewed through a medical lens until the late 1900s532.
Ancient Greek Hippocrates (interpreting the writing of Herodotus) discusses
transgender individuals briefly. He describes the "disease of the Scythians"
(regarding the Enaree), which he attributes to impotency due to riding on a horse
without stirrups. Hippocrates's reference was well discussed by medical writings of
the 1500s–1700s. Pierre Petit writing in 1596 viewed the "Scythian disease" as
natural variation, but by the 1700s writers viewed it as a "melancholy", or
"hysterical" psychiatric disease. By the early 1800s, being transgender separate from
Hippocrates' idea of it was claimed to be widely known, but remained poorly
documented. Both trans women and trans men were cited in European insane
asylums of the early 1800s. One of the earliest recorded transgender individuals in
America was Thomas(ine) Hall, a seventeenth century colonial servant533. The most
complete account of the time came from the life of the Chevalier d'Éon (1728–1810),
a French diplomat. As cross-dressing became more widespread in the late 1800s,
discussion of transgender people increased greatly and writers attempted to explain
the origins of being transgender. Much study came out of Germany, and was
exported to other Western audiences. Cross-dressing was seen in a pragmatic light
until the late 1800s; it had previously served a satirical or disguising purpose. But in
the latter half of the 1800's, cross-dressing and being transgender became viewed as
an increasing societal danger.
William A. Hammond wrote an 1882 account of transgender Pueblo shamans
(mujerados), comparing them to the Scythian disease. Other writers of the late 1700s
and 1800s (including Hammond's associates in the American Neurological
Association) had noted the widespread nature of transgender cultural practices
among native peoples. Explanations varied, but authors generally did not ascribe
native transgender practices to psychiatric causes, instead condemning the practices

532
Janssen, Diederik F. (2020-04-21). "Transgenderism Before Gender: Nosology from the Sixteenth Through Mid-
Twentieth Century". Archives of Sexual Behavior. 49 (5): 1415–1425. doi:10.1007/s10508-020-01715-w. ISSN 0004-
0002. PMID 32319033. S2CID 216073926.
533
Hickman, H.; Porfilio, B.J. (2012). The New Politics of the Textbook: Problematizing the Portrayal of
Marginalized Groups in Textbooks. Constructing Knowledge: Curriculum Studies in Action. SensePublishers.
p. 235. ISBN 978-94-6091-912-1. Retrieved 2023-01-10.

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in a religious and moral sense. Native groups provided much study on the subject,
and perhaps the majority of all study until after WWII534
Critical studies first began to emerge in the late 1800s in Germany, with the works
of Magnus Hirschfeld. Hirschfeld coined the term "transvestite" in 1910 as the scope
of transgender study grew. His work would lead to the 1919 founding of the Institut
für Sexualwissenschaft in Berlin. Though Hirscheld's legacy is disputed, he
revolutionized the field of study. The Institute was destroyed when the Nazis seized
power in 1933, and its research was infamously burned in the May 1933 Nazi book
burnings535. Transgender issues went largely out of the public eye until after World
War II. Even when they re-emerged, they reflected a forensic psychology approach,
unlike the more sexological that had been employed in the lost German research536.

The term transsexual was introduced by Cauldwell (1949) and popularized by Harry
Benjamin (1966) On the other hand, the term transgender was coined by John Oliven
(1965) and popularized by various transgender people who pioneered the concept
and practice of transgenderism. It is sometimes said that Virginia Prince (1976)
popularized the term, but history shows that many transgender people advocated the
use of this term much more than Prince.
The opposite of transgender is cisgender, which describes people whose gender
identity matches their assigned sex537.
By 1984, the concept of a "transgender community" had developed, in
which transgender was used as an umbrella term.[39] In 1985, Richard Elkins
established the "Trans-Gender Archive" at the University of Ulster.[36] By 1992, the
International Conference on Transgender Law and Employment Policy
defined transgender as an expansive umbrella term including "transsexuals,
transgenderists, cross dressers", and anyone transitioning.

534
Janssen, Diederik F. (2020-04-21). "Transgenderism Before Gender: Nosology from the Sixteenth Through Mid-
Twentieth Century". Archives of Sexual Behavior. 49 (5): 1415–1425. doi:10.1007/s10508-020-01715-w. ISSN 0004-
0002. PMID 32319033. S2CID 216073926.
535
"Holocaust Memorial Day Trust | 6 May 1933: Looting of the Institute of Sexology".
536
"Queer Science: The Use and Abuse of Research into Homosexuality". The Washington Post..
537
Blank, Paula (2014-09-24). "Will the Word "Cisgender" Ever Go Mainstream?" The Atlantic.

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According to Leslie Feinberg's pamphlet, transgender was identified as a term to

unify all forms of gender nonconformity538; in this way transgender has become
synonymous with queer. In 1994, gender theorist Susan
Stryker defined transgender as encompassing "all identities or practices that cross
over, cut across, move between, or otherwise queer socially constructed sex/gender
boundaries", including, but not limited to, "transsexuality, heterosexual
transvestism, gay drag, butch lesbianism, and such non-European identities as the
Native American berdache or the Indian Hijra".
Between the mid-1990s and the early 2000s, the primary terms used under the
transgender umbrella were "female to male" (FtM) for men who transitioned from
female to male, and "male to female" (MtF) for women who transitioned from male
to female. These terms have now been superseded by "trans man" and "trans
woman", respectively. This shift in preference from terms highlighting biological
sex ("transsexual", "FtM") to terms highlighting gender identity and expression
("transgender", "trans man") reflects a broader shift in the understanding of
transgender people's sense of self and the increasing recognition of those who
decline medical reassignment as part of the transgender community.
Transfeminine is a term for any person, binary or non-binary, who was assigned
male at birth and has a predominantly feminine gender identity or
presentation; transmasculine is the equivalent term for someone who was assigned
female at birth and has a predominantly masculine gender identity or presentation.[44]

TRANSSEXUAL
Inspired by Magnus Hirschfeld's 1923 term seelischer Transsexualismus, the
term transsexual was introduced to English in 1949 by David Oliver Cauldwell[note
2]
and popularized by Harry Benjamin in 1966, around the same
time transgender was coined and began to be popularized.[5] Since the
1990s, transsexual has generally been used to refer to the subset of transgender
people[5][53][54] who desire to transition permanently to the gender with which they
identify and who seek medical assistance (for example, sex reassignment surgery)
with this.

538
Leslie Feinberg's Transgender Liberation: A Movement Whose Time has Come", circulated in 1992.

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Distinctions Between the

Terms Transgender and Transsexual
The distinctions suffice from distinctions between gender and sex.[55][56] As
such, Transsexuality may be said to deal more with physical aspects of one's sex,
while transgender considerations deal more with one's psychological gender
disposition or predisposition, as well as the related social expectations that may
accompany a given gender role.[57] Many transgender people reject the
term transsexual.[6][58][8] Christine Jorgensen publicly rejected transsexual in 1979
and instead identified herself in newsprint as trans-gender, saying, "gender doesn't
have to do with bed partners, it has to do with identity."[59][60] Some have objected to
the term transsexual on the basis that it describes a condition related to gender
identity rather than sexuality. Some transsexual people object to being included in
the transgender umbrella. [62
Anthropologist David Valentine in his book asserts that transgender was coined and
used by activists to include many people who do not necessarily identify with the
term and states that people who do not identify with the term transgender should not
be included in the transgender spectrum539 Leslie Feinberg likewise asserts
that transgender is not a self-identifier (for some people) but a category imposed by
observers to understand other people she describes people who have had such
operations as transgender rather than transsexual. That “Sexuality is who you sleep
with, but gender is who you are"540.
According to the Transgender Health Program (THP) at Fenway Health in Boston,
there are no universally-accepted definitions, and confusion is common because
terms that were popular at the turn of the 21st century may now be deemed offensive.
The THP recommends that clinicians ask clients what terminology they prefer, and
avoid the term transsexual unless they are sure that a client is comfortable with it541
Harry Benjamin invented a classification system for transsexuals and transvestites,
called the Sex Orientation Scale (SOS), in which he assigned transsexuals and

539
Valentine David. Imagining Transgender: An Ethnography of a Category, Duke University, 2007.

540
"News from California: 'Transgender”. Appeal-Democrat/Associate Press. May 11, 1982. pp. A–10. . she describes
people who have had such operations' "transgender" rather than transsexual. "Sexuality is who you sleep with, but
gender is who you are," she explained.
541
Glossary of Gender and Transgender Terms (PDF). Boston, Mass.: Fenway Health. January 2010. p. 15.

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transvestites to one of six categories based on their reasons for cross-dressing and
the relative urgency of their need (if any) for sex reassignment surgery542.
Contemporary views on gender identity and classification differ markedly from
Harry Benjamin's original opinions. Sexual orientation is no longer regarded as a
criterion for diagnosis, or for distinction between transsexuality, transvestism and
other forms of gender-variant behavior and expression. Benjamin's scale was
designed for use with heterosexual trans women, and trans men's identities who do
not align with its categories543.
Spread of Transgenerism and significant events for its growth and gain of moral
support.

MEDIA REPRESENTATION.
More transgender people are being represented and included within the realm of
mass culture, the stigma that is associated with being transgender can influence the
decisions, ideas, and thoughts based upon it. Media representation, culture industry,
and social marginalization all hint at popular culture standards and the applicability
and significance to mass culture as well. These terms play an important role in the
formation of notions for those who have little recognition or knowledge of
transgender people. Media depictions represent only a minuscule spectrum of the
transgender group544, which essentially conveys that those that are shown are the
only interpretations and ideas society has of them.
However, in 2014, the United States reached a "transgender tipping point",
according to Time. At this time, the media visibility of transgender people reached
a level higher than seen before. Since then, the number of transgender portrayals
across TV platforms has stayed elevated. Research has found that viewing multiple
transgender TV characters and stories improves viewers' attitudes toward
transgender people and related policies.

542
Benjamin, H. (1966). The transsexual phenomenon. New York: Julian Press, page 23.
543
Hansbury, Griffin (2008). The Middle Men: An Introduction to the Transmasculine Identities. Studies in Gender
and Sexuality Volume 6, Issue 3, 2005 doi:10.1080/15240650609349276.
544
"MTV to launch new channel for gay viewers in 2005 – May. 25, 2004". CNN. Archived from the original on
2015-12-11. Retrieved 2015-12-08.

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CHAPTER THIRTY-SIX
INTERNATIONAL TRANSGENDER DAY OF
VISIBILITY
International Transgender Day of Visibility is an annual holiday occurring on March
31 dedicated to celebrating transgender people and raising awareness of
discrimination faced by transgender people worldwide. The holiday was founded by
Michigan-based transgender activist Rachel Crandall in 2009.

TRANSGENDER AWARENESS WEEK

Transgender Awareness Week is a one-week celebration leading up to Transgender
Day of Remembrance. The purpose of Transgender Awareness Week is to educate
about transgender and gender non-conforming people and the issues associated with
their transition or identity.
Transgender Day of Remembrance
Transgender Day of Remembrance (TDOR) is held every year on November 20 in
honor of Rita Hester, who was killed on November 28, 1998, in an anti-
transgender hate crime. TDOR serves a number of purposes:
 it memorializes all of those who have been victims of hate crimes and
prejudice,
 it raises awareness about hate crimes towards the transgender community,
 and it honors the dead and their relatives545

TRANS MARCH
Annual marches, protests or gatherings take place around the world for transgender
issues, often taking place during the time of local Pride parades for LGBT people.

545
"About TDOR at Transgender Day of Remembrance". Transgenderdor.org. 1998-11-28. Archived from the
original on 2011-07-23. Retrieved 2011-07-06.

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These events arefrequently organised by trans communities to build community,

address human rights struggles, and create visibility.[251][252][253][254]

INTERSEX
Intersex, in humans and other animals, describes variations in sex characteristics
including chromosomes, gonads, sex hormones, or genitals which according to the
UN Office of the High Commissioner for Human Rights, "do not fit typical binary
notions of male or female bodies546.
Intersex people were historically termed hermaphrodites, "congenital eunuchs", or
even congenitally "frigid". Such terms have fallen out of favor, now considered to
be misleading and stigmatizing547.
From its introduction as a medical term to its rebranding in the 1990s, the word
“intersex” has been reclaimed in recent years by activists fighting for bodily
autonomy within the community.
In the 1900s, doctors began describing people born with anatomy that differs from
binary ideas about biological sex as "intersex." Over the next century, intersex
people were stigmatized by the medical community and pushed into unnecessary
surgeries to "correct" what they saw as an aberration from the norms of the human
body.
But in the 1970s, activists and intersex community members began a campaign to
reclaim the term as an identity and community rather than a medical diagnosis,
pushing to normalize being intersex and help people understand what it means.
Today, organizers are pushing back on unnecessary surgeries, especially against
intersex children548.
The term has been pushed into the spotlight in recent years by hormone limits for
athletes in major sporting events like Olympic Games, preventing some intersex
competitors from entering.

546
"Free & Equal Campaign Fact Sheet: Intersex" (PDF). United Nations Office of the High Commissioner for Human
Rights. 2015. Archived (PDF) from the original on 4 March 2016. Retrieved 28 March 2016.
547
Dreger, Alice D; Chase, Cheryl; Sousa, Aron; Gruppuso, Phillip A.; Frader, Joel (18 August 2005). "Changing the
Nomenclature/Taxonomy for Intersex: A Scientific and Clinical Rationale" (PDF). Journal of Pediatric Endocrinology
and Metabolism. 18 (8): 729–33. doi:10.1515/JPEM.2005.18.8.729. PMID 16200837. S2CID 39459050. Archived
from the original (PDF) on 20 December 2016. Retrieved 27 July 2016.
548
Michael Burk, Gender and Identity What Does It Mean to Be Intersex? - July 15, 2022.

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What Does Intersex Mean?

“Intersex” is an umbrella term that refers to people who carry variations in their
reproductive and sexual anatomy that differ from what is traditionally male or
female. An intersex person can appear to have one kind of genitalia on the outside
and another internally. They might have some XX chromosomes and some XY
chromosomes. They can have ambiguous genitalia or not, and know at birth that
they’re intersex or find out later.
According to the Oxford English Dictionary, the word “intersex” has been around
since the late 1700s. Before the twentieth century, the term was rare and referred to
relations “between the sexes.” It was only in 1917 that a German geneticist named
Richard Goldschmidt used the term in the way we understand it today.
Being intersex does not refer to a person’s gender identity. Just like people who are
endosex (not intersex), someone who is intersex can be any gender. Additionally,
intersex does not refer to a person’s sexuality.
Prior to the term “intersex” being popularized in the 1900s, the term
“hermaphrodite” was used in 18th and 19th-century medical literature to describe
individuals who were intersex. Now considered a derogatory slur, the term evoked
a mythical creature and the pursuit of a body with both male and female reproductive
anatomy.
It was only after the geneticist Richard Goldschmidt used the term in his 1917
paper549 “Intersexuality and the Endocrine Aspect of Sex” that intersex and
hermaphrodite were used interchangeably in articles through the 1920s, ‘30s, and
‘40s.
The 1950s marked a turning point for the word intersex and the ways being intersex
was stigmatized by both doctors and the public. Dr. John Money, a psychologist,
began writing in the 1950s that intersex people were psychologically healthy — but
would turn out even better if babies were made to look like the gender they were
being raised.
Until the ‘50s, most surgeries to alter intersex traits were done on adults who chose
to undergo such procedures or whose doctors pressured them to do it. The Hopkins
team gave way to a new protocol where intersex children were given so-called
“corrective” genital surgeries and hormone treatments, often without their

549
Richard Goldschmidt; Intersexuality and the Endocrine Aspect of Sex, 1917.

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knowledge and consent, and even if the surgeries were not medically necessary. For
the next few decades, the word “intersex” proliferated along with such surgeries,
until the community came together to reclaim the terminology.

Intersex Advocacy and activitism.

In the late 1980s, the intersex movement began to percolate. Intersex people who
had been subject to secrecy about their medical records and made to feel ashamed
of their bodies began organizing support groups and circles. An activist named Bo
Laurent wrote a letter to The Sciences, a magazine, in response to a paper about sex
and gender in 1993. In it, Laurent announced the founding of the Intersex Society of
North America.
“Surgical and hormonal treatment allows parents and doctors to imagine that they
have eliminated the child's intersexuality. Unfortunately, the surgery is immensely
destructive of sexual sensation and of the sense of bodily integrity,” the letter read.
The first ever public intersex demonstration was held on October 2, 1996, when I-
S-N-A activists protested a conference held by the American Academy of Pediatrics
in Boston. Activists used the slogan “hermaphrodites with attitude” on signs, shirts,
and newsletters as a way to reclaim the term “hermaphrodite.” This shifted to
“intersex” as they sought to work with doctors to stop nonconsensual surgeries. The
anniversary of this first public protest for intersex rights became Intersex Awareness
Day.
Throughout the early 2000s, intersex people gained more visibility in popular media
and books. Jeffrey Eugenides published his bestselling book Middlesex in 2002, a
fictional story of an intersex young man. After selecting Middlesex for her book
club, Oprah featured intersex people on her show in 2007 to talk about their
experiences. However, both Middlesex and Oprah’s feature on intersex people have
been criticized for fetishizing the shame and suffering they experience. From House
to Grey’s Anatomy, representation on popular shows from the mid-2000s only
furthered salacious tropes about the community.
While the term “intersex” gained more traction and challenged the idea that there
was anything to “fix” with intersex bodies, new terminology arrived in 2005. DSD,
or “disorders of sex development,” was introduced in medical settings as another
way to describe being intersex. DSD frames being intersex as a disorder in need of
treatment, rather than a biological variation. Activists fear that if parents of intersex

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kids are told their child has a “disorder of sex development,” they won’t be able to
make an informed choice about surgery or even know it means “intersex.”
In recent years, intersex people have also had to push back against unfair regulations
imposed on athletes looking to compete in major international sporting events.
Intersex athletes were barred from competing in their events at the Olympics due to
hormone restrictions. These regulations force intersex athletes to take medications
to lower their natural testosterone levels, often by taking medications with harmful
side effects and unknown long-term effects. “Excluding female athletes or
endangering our health solely because of our natural abilities puts World Athletics
on the wrong side of history,” Semenya said in 2020.
Today, the term “intersex” is still being reclaimed by people as a way of challenging
how both the medical community and general public have policed their bodies.
Intersex people continue to fight non-consensual surgeries, and seek legislation to
protect children from these procedures, and are pushing back against the regulation
of their bodies in general. “Intersex” is entering new terrain as a human rights issue
to allow people to make choices about their own bodies.

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CHAPTER THIRTY-SEVEN
INTERSEX AND HOMOSEXUALITY
Intersex can be contrasted with homosexuality or same-sex attraction. Numerous
studies have shown higher rates of same sex attraction in intersex people550, with a
recent Australian study of people born with atypical sex characteristics finding that
52% of respondents were non-heterosexual551.
Clinical research on intersex subjects has been used to investigate means of
preventing homosexuality552. In 1990, Heino Meyer-Bahlburg wrote on a "prenatal
hormone theory of sexual orientation." The author discussed research finding higher
rates of same sex attraction among women with congenital adrenal hyperplasia, and
consistent sexual attraction to men among women with complete androgen
insensitivity syndrome - a population described by the author as "genetic males."
Meyer-Bahlburg also discussed sexual attraction by individuals with partial
androgen insensitivity syndrome, 5α-Reductase deficiency and 17β-Hydroxysteroid
dehydrogenase III deficiency, stating that sexual attraction towards females in
individuals with these conditions was facilitated by "prenatal exposure to and
utilization of androgens553."
He concluded that It was too early to conclude that there is a pre- or perinatal
hormonal contribution to the development of homosexuality, except perhaps in
persons with clearcut physical signs of intersexuality. The scientific basis is
insufficient to justify the assessment of chromosomes and sex hormones in the fetus,
or the prenatal treatment with sex hormones, for the purpose of preventing the
development of homosexuality, quite apart from the ethical issues involved554.

550
Meyer-Bahlburg, Heino F.L. (January 1990). "Will Prenatal Hormone Treatment Prevent Homosexuality?".
Journal of Child and Adolescent Psychopharmacology. 1 (4): 279–283. doi:10.1089/cap.1990.1.279. ISSN 1044-5463.
551
"New publication "Intersex: Stories and Statistics from Australia"". Organisation Intersex International Australia.
February 3, 2016. Archived from the original on August 29, 2016. Retrieved 2016-08-18.
552
Dreger, Alice; Feder, Ellen K; Tamar-Mattis, Anne (29 June 2010), Preventing Homosexuality (and Uppity
Women) in the Womb?, The Hastings Center Bioethics Forum, archived from the original on 2 April 2016.
553
Meyer-Bahlburg, Heino F.L. (January 1990). "Will Prenatal Hormone Treatment Prevent Homosexuality?".
Journal of Child and Adolescent Psychopharmacology. 1 (4): 279–283. doi:10.1089/cap.1990.1.279. ISSN 1044-5463.
554
Meyer-Bahlburg, Heino F.L. (January 1990). "Will Prenatal Hormone Treatment Prevent Homosexuality?".
Journal of Child and Adolescent Psychopharmacology. 1 (4): 279–283. doi:10.1089/cap.1990.1.279. ISSN 1044-5463.

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In 2010, Saroj Nimkarn and Maria New wrote that, "Gender-related behaviors,
namely childhood play, peer association, career and leisure time preferences in
adolescence and adulthood, maternalism, aggression, and sexual orientation
become" masculinized in women with congenital adrenal hyperplasia. Medical
intervention to prevent such traits has been likened by Dreger, Feder and Tamar-
Mattis to a means of preventing homosexuality and "uppity women."
According to the Association of American Medical Colleges, adding intersex to
LGTQIA+ is both of merit and disadvantageous to intersex people, its argued on one
hand that So LGBTQ + I? that acknowledgement makes intersex more visible and
may be safer spaces but this suggests biology as identity (which it isn’t) and could
cause more problems on the other hand555.

ASEXUALITY
Robert L. Crooks defines Asexuality as the lack of sexual attraction to others, or low
or absent interest in or desire for sexual activity556. It may be considered a sexual
orientation or the lack thereof557. It may also be categorized more widely, to include
a broad spectrum of asexual sub-identities558.
It should be noted that asexuality is distinct from abstention from sexual activity and
from celibacy559, which are behavioral and generally motivated by factors such as
an individual's personal, social, or religious beliefs560. Sexual orientation, unlike
sexual behavior, is believed to be "enduring"561.
Prause, Nicole and Cynthia A. Graham Some asexual people engage in sexual
activity despite lacking sexual attraction or a desire for sex, for a number of reasons,

555
Reasons to Add and Reasons NOT to Add “I” (Intersex) to LGBT in Healthcare A Webinar for the AAMC May 4,
2015.
556
Robert L. Crooks; Karla Baur (2016). Our Sexuality. Cengage Learning. p. 300. ISBN 978-1305887428.
557
Marshall Cavendish, ed. (2010). "Asexuality". Sex and Society. Vol. 2. Marshall Cavendish. pp. 82–83. ISBN 978-
0-7614-7906-2.
558
Scherrer, Kristin (2008). "Coming to an Asexual Identity: Negotiating Identity, Negotiating Desire". Sexualities.
11 (5): 621–641. doi:10.1177/1363460708094269. PMC 2893352. PMID 20593009.
559
DePaulo, Bella (September 26, 2011). "ASEXUALS: Who Are They and Why Are They Important?". Psychology
Today. Archived from the original on October 1, 2015.
560
The American Heritage Dictionary of the English Language (3d ed. 1992), entries for celibacy and thence
abstinence.
561
"Sexual orientation, homosexuality and bisexuality". American Psychological Association. Archived from the
original on August 8, 2013.

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such as a desire to physically pleasure themselves or romantic partners, or a desire

to have children562.
Acceptance of asexuality as a sexual orientation and field of scientific research is
still relatively new as a growing body of research from both sociological and
psychological perspectives have begun to develop. While some researchers assert
that asexuality is a sexual orientation, other researchers disagree563. Asexual
individuals may represent about one percent of the population564.
Various asexual communities have started to form since the impact of the Internet
and social media in the mid-1990s. The most prolific and well-known of these
communities is the Asexual Visibility and Education Network, which was founded
in 2001 by David Jay565.
According to Decker, asexuality isn’t complex. It’s not a sickness. It’s not an
automatic sign of trauma. It’s not a behavior. It’s not the result of a decision. It’s not
a chastity vow or an expression that we are ‘saving ourselves’. We aren’t by
definition religious. We aren’t calling ourselves asexual as a statement of purity or
moral superiority. We’re not amoebas or plants. We aren’t automatically gender
confused, anti-gay, anti-straight, anti-any-sexual orientation, anti-woman, anti-man,
anti-any-gender or anti sex. We aren’t automatically going through a phase,
following a trend, or tying to rebel. We aren’t defined by prudishness. We aren’t
calling ourselves asexual because we failed to find a suitable partner. We aren’t
necessarily afraid of intimacy. And we aren’t asking for anyone to ‘fix’ us566.

DEFINITION, IDENTITY AND RELATIONSHIPS

Because there is significant variation among those who identify as asexual, the term
asexuality can encompass broad definitions567. Researchers generally define
asexuality as the lack of sexual attraction or the lack of interest in sexual activity568,

562
Prause, Nicole; Cynthia A. Graham (2007). "Asexuality: Classification and Characterization" (PDF). Archives of
Sexual Behavior. 36 (3): 341–356. doi:10.1007/s10508-006-9142-3. PMID 17345167. S2CID 12034925.
563
Bogaert, AF (April 2015). "Asexuality: What It Is and Why It Matters". The Journal of Sex Research. 52 (4): 362–
379. doi:10.1080/00224499.2015.1015713. PMID 25897566. S2CID 23720993.
564
Katherine M. Helm (2015). Hooking Up: The Psychology of Sex and Dating. ABC-CLIO. p. 32. ISBN 978-
1610699518.
565
Swash, Rosie (February 25, 2012). "Among the asexuals". The Guardian. Archived from the original on February
11, 2021.
566
Decker, 2015, p. 3.
567
Karli June Cerankowski; Megan Milks (2014). A sexualities: Feminist and Queer Perspectives. Routledge. pp. 89–
93. ISBN 978-1-134-69253-8.
568
Bogaert, Anthony F. (2006). "Toward a conceptual understanding of asexuality". Review of General Psychology.
10 (3): 241–250. doi:10.1037/1089-2680.10.3.241. S2CID 143968129.

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though specific definitions vary—the term may be used to refer to individuals with
low or absent sexual behavior or exclusively romantic non-sexual partnerships in
addition to low or absent sexual desire or attraction.
The Asexual Visibility and Education Network (AVEN), an online forum dedicated
to asexuality, defines an asexual as "someone who does not experience sexual
attraction", as well as adding that asexuality "at its core" is "just a word that people
use to help figure themselves out", and encourages people to use the term asexual to
define themselves "as long as it makes sense to do so"569. Asexuality is often
abbreviated as ace, a phonetic shortening of asexual570, and the community as a
whole is likewise referred to as the ace community571.
Despite lacking sexual attraction, some asexual might engage in purely romantic
relationships, while others may not572. Some who identify as asexual report that they
experience sexual attraction, though lack the inclination to act on it, citing no desire
to engage in sexual activity—some asexual also lack the desire to engage in non-
sexual physical activity such as cuddling or hand-holding, while others choose to do
so573, as such asexual people may seek relationships without romantic or sexual
activity, known as "queerplatonic relationships"574 and Certain asexual may
participate in sexual activity out of an intellectual curiosity575. Some may also
masturbate as a form of solitary release, while others may not feel a need to do so576.
The desire for masturbation or other sexual activity is often referred to as sex drive
by asexual, who disassociate it from sexual attraction and being asexual; asexual
who masturbate generally consider it to be a normal product of the human body
rather than a sign of latent sexuality, and others do not find it pleasurable577.

569
"Overview". The Asexual Visibility and Education Network. 2008. Archived from the original on November 19,
2016.
570
Decker, Julie S. (2015). The Invisible Orientation: An Introduction to Asexuality. Simon and Schuster. ISBN
9781510700642. Archived from the original on April 12, 2021.
571
Shira Tarrant (2015). Gender, Sex, and Politics: In the Streets and Between the Sheets in the 21st Century.
Routledge. pp. 254–256. ISBN 978-1317814764. Archived from the original on May 24, 2021.
572
Christina Richards; Meg Barker (2013). Sexuality and Gender for Mental Health Professionals: A Practical Guide.
SAGE. pp. 124–127. ISBN 978-1-4462-9313-3.
573
DePaulo, Bella (September 26, 2011). "ASEXUALS: Who Are They and Why Are They Important?". Psychology
Today. Archived from the original on October 1, 2015.
574
Decker, Julie S. (2015). The Invisible Orientation: An Introduction to Asexuality. Simon and Schuster. ISBN
9781510700642. Archived from the original on April 12, 2021. Retrieved April 20, 2019.
575
Prause, Nicole; Cynthia A. Graham (2007). "Asexuality: Classification and Characterization" (PDF). Archives of
Sexual Behavior. 36 (3): 341–356. doi:10.1007/s10508-006-9142-3. PMID 17345167. S2CID 12034925.
576
Westphal, Sylvia Pagan. "Feature: Glad to be asexual". New Scientist. Archived from the original on December
19, 2007.
577
Yule, Morag A.; Brotto, Lori A.; Gorzalka, Boris B. (2014). "Sexual fantasy and masturbation among asexual
individuals". The Canadian Journal of Human Sexuality. 23 (2): 89–95. doi:10.3138/cjhs.2409. S2CID 4091448.

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Some asexual men are unable get an erection and are unable to attempt
penetration578. Asexuals also differ in their views on performing sexual acts—some
are indifferent and may engage in sexual activity for the benefit of a romantic
partner, while others are more strongly averse to the idea, though they are not
typically against sex as a whole579.
Many who identify as asexual also choose to adopt other identities, which often
include gender identity and classification of romantic orientation580. These are often
integrated with a person's asexual identity, and a sexual may still identify as
heterosexual, lesbian, gay, or bisexual regarding romantic or emotional aspects of
sexual orientation or sexual identity in addition to identifying as asexual581.
The romantic aspects of sexual orientations may also be indicated by a variety of
romantic identities, including biromantic, heteroromantic, homoromantic, or
panromantic, and those who do not experience romantic attraction may identify as a
romantic582. Individuals who are both a romantic and asexual are sometimes known
as "aro-ace" or "aroace"583. The term "gray asexuality" refers to the spectrum
between asexuality and non-asexuality (also referred to as all sexuality)584.
Individuals who identify as gray asexual may occasionally experience sexual
attraction, or only experience sexual attraction as a secondary component once a
reasonably stable or large emotional connection has been formed with the target,
known as demi sexuality585.

578
Carrigan, Mark (August 2011). "There's More to Life Than Just Sex? Difference and Commonality Within the
Asexual Community". Sexualities. 14 (4): 462–478. doi:10.1177/1363460711406462. S2CID 146445274.
579
Bridgeman, Shelley (August 5, 2007). "No sex please, we're asexual". The New Zealand Herald. Archived from
the original on November 3, 2018.
580
MacNeela, Pádraig; Murphy, Aisling (December 30, 2014). "Freedom, Invisibility, and Community: A Qualitative
Study of Self-Identification with Asexuality". Archives of Sexual Behavior. 44 (3): 799–812. doi:10.1007/s10508-
014-0458-0. ISSN 0004-0002. PMID 25548065. S2CID 23757013.
581
Christina Richards; Meg Barker (2013). Sexuality and Gender for Mental Health Professionals: A Practical Guide.
SAGE. pp. 124–127. ISBN 978-1-4462-9313-3. Archived from the original on July 28, 2014.
582
Ibid.
583
Kliegman, Julie (October 29, 2021). "What Does AroAce Mean? Not Everyone Who's Aromantic Is Asexual".
Bustle.
584
Chasin, CJ DeLuzio (2015). "Making Sense in and of the Asexual Community: Navigating Relationships and
Identities in a Context of Resistance". Journal of Community & Applied Social Psychology. 25 (2): 167–180.
doi:10.1002/casp.2203. ISSN 1099-1298.
585
Adler, Melissa (2010). "Meeting the Needs of LGBTIQ Library Users and Their Librarians: A Study of User
Satisfaction and LGBTIQ Collection Development in Academic Libraries". In Greenblatt, Ellen (ed.). Serving
LGBTIQ Library and Archives Users. North Carolina: McFarland & Company. ISBN 978-0-7864-4894-4.

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PREVALENCE
Kinsey scale of sexual responses, indicating degrees of sexual orientation. The
original scale included a designation of "X", indicating a lack of sexual behavior586.
Most scholars agree that asexuality is rare, constituting 1% or less of the
population587. Asexuality is not a new aspect of human sexuality, but it is relatively
new to public discourse588. In comparison to other sexualities, asexuality has
received little attention from the scientific community, with quantitative information
pertaining to the prevalence of asexuality low in numbers 589. S. E. Smith of The
Guardian is not sure asexuality has actually increased, rather leaning towards the
belief that it is simply more visible. Alfred Kinsey rated individuals from 0 to 6
according to their sexual orientation from heterosexual to homosexual, known as the
Kinsey scale. He also included a category he called "X" for individuals with "no
socio-sexual contacts or reactions."590 Although, in modern times, this is categorized
as representing asexuality591, scholar Justin J. Lehmiller stated, "the Kinsey X
classification emphasized a lack of sexual behavior, whereas the modern definition
of asexuality emphasizes a lack of sexual attraction. As such, the Kinsey Scale may
not be sufficient for accurate classification of asexuality592." Kinsey labeled 1.5% of
the adult male population as X. In his second book, Sexual Behavior in the Human
Female, he reported this breakdown of individuals who are X: unmarried females =
14–19%, married females = 1–3%, previously married females = 5–8%, unmarried
males = 3–4%, married males = 0%, and previously married males = 1–2%593.
Further empirical data about an asexual demographic appeared in 1994, when a
research team in the United Kingdom carried out a comprehensive survey of 18,876
British residents, spurred by the need for sexual information in the wake of the AIDS
pandemic. The survey included a question on sexual attraction, to which 1.05% of

586
Justin J. Lehmiller (2017). The Psychology of Human Sexuality. John Wiley & Sons. p. 250. ISBN 978-
1119164708. Archived from the original on March 20, 2021.
587
Etaugh, Claire A.; Bridges, Judith S. (October 16, 2017). Women's Lives: A Psychological Exploration, Fourth
Edition. Taylor & Francis. ISBN 978-1-315-44938-8. Archived from the original on March 9, 2022.
588
Smith, S. E. (August 21, 2012). "Asexuality always existed, you just didn't notice it". The Guardian. Archived from
the original on April 8, 2015.
589
LeBreton, Marianne E. (2014). Bogaert, Anthony F. (ed.). "Understanding Asexuality". QED: A Journal in GLBTQ
Worldmaking. 1 (3): 175–177. doi:10.14321/qed.1.3.0175. ISSN 2327-1574. JSTOR 10.14321/qed.1.3.0175.
590
Kinsey, Alfred C. (1953). Sexual Behavior in the Human Female. W.B. Saunders. ISBN 978-0-253-33411-4.
591
Mary Zeiss Stange; Carol K. Oyster; Jane E. Sloan (February 23, 2011). Encyclopedia of Women in Today's World.
SAGE Publications. p. 158. ISBN 978-1-4129-7685-5. Archived from the original on September 14, 2020.
592
Justin J. Lehmiller (2017). The Psychology of an Sexuality. John Wiley & Sons. p. 250. ISBN 978-1119164708.
Archived from the original on March 20, 2021.
593
Kinsey, Alfred C. (1953). Sexual Behavior in the Human Female. W.B. Saunders. ISBN 978-0-253-33411-4.

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the respondents replied that they had "never felt sexually attracted to anyone at
all"594.
The study of this phenomenon was continued by Canadian sexuality researcher
Anthony Bogaert in 2004, who explored the asexual demographic in a series of
studies. Bogaert's research indicated that 1% of the British population does not
experience sexual attraction, but he believed that the 1% figure was not an accurate
reflection of the likely much larger percentage of the population that could be
identified as asexual, noting that 30% of people contacted for the initial survey chose
not to participate in the survey. Since less sexually experienced people are more
likely to refuse to participate in studies about sexuality, and asexual tend to be less
sexually experienced than sexual, it is likely that asexual were under-represented in
the responding participants. The same study found the number of homosexuals and
bisexuals combined to be about 1.1% of the population, which is much smaller than
other studies indicate595.
Contrasting Bogaert's 1% figure, a study by Aicken et al., published in 2013,
suggests that, based on Natsal-2 data from 2000 to 2001, the prevalence of asexuality
in Britain is only 0.4% for the age range 16–44. This percentage indicates a decrease
from the 0.9% figure determined from the Natsal-1 data collected on the same age-
range a decade earlier596. A 2015 analysis by Bogaert also found a similar decline
between the Natsal-1 and Natsal-2 data597. Aicken, Mercer, and Cassell found some
evidence of ethnic differences among respondents who had not experienced sexual
attraction; both men and women of Indian and Pakistani origin had a higher
likelihood of reporting a lack of sexual attraction598.

594
Wellings, K. (1994). Sexual Behaviour in Britain: The National Survey of Sexual Attitudes and Lifestyles. Penguin
Books.
595
Bogaert, Anthony F. (2004). "Asexuality: prevalence and associated factors in a national probability sample".
Journal of Sex Research. 41 (3): 279–87. doi:10.1080/00224490409552235. PMID 15497056. S2CID 41057104.
596
Aicken, Catherine R. H.; Mercer, Catherine H.; Cassell, Jackie A. (May 1, 2013). "Who reports absence of sexual
attraction in Britain? Evidence from national probability surveys". Psychology & Sexuality. 4 (2): 121–135.
doi:10.1080/19419899.2013.774161. ISSN 1941-9899. S2CID 62275856. Archived from the original on September
23, 2019. Retrieved October 14, 2018.
597
Bogaert, A. F. (2015). "Asexuality: What It Is and Why It Matters". Journal of Sex Research. 52 (4): 362–379.
doi:10.1080/00224499.2015.1015713. PMID 25897566. S2CID 23720993.
598
Aicken, Catherine R. H.; Mercer, Catherine H.; Cassell, Jackie A. (May 1, 2013). "Who reports absence of sexual
attraction in Britain? Evidence from national probability surveys". Psychology & Sexuality. 4 (2): 121–135.
doi:10.1080/19419899.2013.774161. ISSN 1941-9899. S2CID 62275856. Archived from the original on September
23, 2019.

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In a survey conducted by YouGov in 2015, 1,632 British adults were asked to try to
place themselves on the Kinsey scale. 1% of participants answered "No sexuality".
The breakdown of participants was 0% men, 2% women; 1% across all age ranges599.

599
"1 in 2 young people say they are not 100% heterosexual" (PDF). August 16, 2015. See the full poll results.
Archived from the original on April 9, 2021.

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CHAPTER THIRTY-EIGHT
ASEXUALITY AS A SEXUAL ORIENTATION, MENTAL
HEALTH AND CAUSE
There is significant debate over whether or not asexuality is a sexual orientation 600.
It has been compared and equated with Hypoactive Sexual Desire Disorder
(HSDD), a diagnosis which was in the DSM-4, in that both imply a general lack of
sexual attraction to anyone; HSDD has been used to medicalize asexuality, but
asexuality is generally not considered a disorder or a sexual dysfunction (such as
anorgasmia, anhedonia, etc.), because it does not necessarily define someone as
having a medical problem or problems relating to others socially601. Unlike people
with HSDD, asexual people normally do not experience "marked distress" and
"interpersonal difficulty" concerning feelings about their sexuality, or generally a
lack of sexual arousal; asexuality is considered the lack or absence of sexual
attraction as a life-enduring characteristic602
One study found that, compared to HSDD subjects, asexual reported lower levels
of sexual desire, sexual experience, sex-related distress and depressive symptoms603.
Researchers Richards and Barker report that asexual do not have disproportionate
rates of alexithymia, depression, or personality disorders604. Some people, however,
may identify as asexual even if their non-sexual state is explained by one or more of
the aforementioned disorders605.

600
Bogaert, AF (April 2015). "Asexuality: What It Is and Why It Matters". The Journal of Sex Research. 52 (4): 362–
379. doi:10.1080/00224499.2015.1015713. PMID 25897566. S2CID 23720993.
601
Chain, CJ Delusion (2013). "Reconsidering Asexuality and Its Radical Potential" (PDF). Feminist Studies. 39 (2):
405. doi:10.1353/fem.2013.0054. S2CID 147025548. Archived (PDF) from the original on March 3, 2014.
602
Christina Richards; Meg Barker (2013). Sexuality and Gender for Mental Health Professionals: A Practical Guide.
SAGE. pp. 124–127. ISBN 978-1-4462-9313-3.
603
Brotto, L. A.; Yule, M. A.; Gorzalka, B..B. (2015). "Asexuality: An Extreme Variant of Sexual Desire Disorder?".
The Journal of Sexual Medicine. 12 (3): 646–660. doi:10.1111/jsm.12806. PMID 25545124. S2CID 30504509.
604
Christina Richards; Meg Barker (2013). Sexuality and Gender for Mental Health Professionals: A Practical Guide.
SAGE. pp. 124–127. ISBN 978-1-4462-9313-3. Archived from the original on July 28, 2014.
605
Karli June Cerankowski; Megan Milks (2014). Asexualities: Feminist and Queer Perspectives. Routledge. p. 246.
ISBN 978-1-134-69253-8.

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Since the release of the DSM-5 in 2013 which split HSDD into diagnoses for female
sexual arousal disorder and male hypoactive sexual desire disorder, both disorders
have been criticized for similar issues to HSDD.[46] Although the DSM-5 mentions
asexuality as an exclusion criterion for these two disorders, it is necessary for
individuals to self-identify as asexual to meet the differential diagnosis and this
requirement has been criticized for imposing a diagnosis on people who are possibly
asexual but do not yet identify as such606. As of 2021, HSDD continues to be used
to describe transgender women607.
The first study that gave empirical data about asexual was published in 1983 by
Paula Nurius, concerning the relationship between sexual orientation and mental
health608. 689 subjects—most of whom were students at various universities in the
United States taking psychology or sociology classes—were given several surveys,
including four clinical well-being scales. Results showed that asexuals were more
likely to have low self-esteem and more likely to be depressed than members of other
sexual orientations; 25.88% of heterosexuals, 26.54% bisexuals (called
"ambisexuals"), 29.88% of homosexuals, and 33.57% of asexuals were reported to
have problems with self-esteem. A similar trend existed for depression. Nurius did
not believe that firm conclusions can be drawn from this for a variety of reasons609.
In a 2013 study, Yule et al. looked into mental health variances between Caucasian
heterosexuals, homosexuals, bisexuals, and asexuals. The results of 203 male and
603 female participants were included in the findings. Yule et al. found that asexual
male participants were more likely to report having a mood disorder than other
males, particularly in comparison to the heterosexual participants. The same was
found for female asexual participants over their heterosexual counterparts; however,
non-asexual, non-heterosexual females had the highest rates. Asexual participants of
both sexes were more likely to have anxiety disorders than heterosexual and non-
heterosexual participants, as were they more likely than heterosexual participants to

606
Van Houdenhove, Ellen; Enzlin, Paul; Gijs, Luk (April 1, 2017). "A Positive Approach Toward Asexuality: Some
First Steps, But Still a Long Way to Go". Archives of Sexual Behavior. 46 (3): 647–651. doi:10.1007/s10508-016-
0921-1. ISSN 1573-2800. PMID 28091869. S2CID 20911875.
607
Cocchetti, Carlotta; Ristori, Jiska; Mazzoli, Francesca; Vignozzi, Linda; Maggi, Mario; Fisher, Alessandra Daphne
(November 2021). "Management of hypoactive sexual desire disorder in transgender women: a guide for clinicians".
International Journal of Impotence Research. 33 (7): 703–709. doi:10.1038/s41443-021-00409-8. ISSN 1476-5489.
PMID 33558671. S2CID 231850308.
608
Elisabetta Ruspini; Megan Milks (2013). Diversity in family life. Policy Press. pp. 35–36. ISBN 978-1447300939.
Archived from the original on July 26, 2020.
609
Nurius, Paula (1983). "Mental Health Implications of Sexual Orientation". The Journal of Sex Research. 19 (2):
119–136. doi:10.1080/00224498309551174.

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report having had recent suicidal feelings. Yule et al. hypothesized that some of these
differences may be due to discrimination and other societal factors610.
With regard to sexual orientation categories, asexuality may be argued as not being
a meaningful category to add to the continuum, and instead argued as the lack of a
sexual orientation or sexuality611. Other arguments propose that asexuality is the
denial of one's natural sexuality, and that it is a disorder caused by shame of
sexuality, anxiety or sexual abuse, sometimes basing this belief on asexuals who
masturbate or occasionally engage in sexual activity simply to please a romantic
partner612. Within the context of sexual orientation identity politics, asexuality may
pragmatically fulfill the political function of a sexual orientation identity category613.
The suggestion that asexuality is a sexual dysfunction is controversial among the
asexual community. Those who identify as asexual usually prefer it to be recognized
as a sexual orientation614. Scholars who argue that asexuality is a sexual orientation
may point to the existence of different sexual preferences. They and many asexual
people believe that the lack of sexual attraction is valid enough to be categorized as
a sexual orientation615. The researchers argue that asexuals do not choose to have
no sexual desire and generally start to find out their differences in sexual behaviors
around adolescence. Because of these facts coming to light, it is reasoned that
asexuality is more than a behavioral choice and is not something that can be cured
like a disorder616. There is also analysis on whether identifying as asexual is
becoming more popular.
Research on the etiology of sexual orientation when applied to asexuality has the
definitional problem of sexual orientation not consistently being defined by

610
Yule, Morag A.; Brotto, Lori A.; Gorzalka, Boris B. (2013). "Mental Health and Interpersonal Functioning in Self-
Identified Asexual Men and Women". Psychology & Sexuality. 4 (2): 136–151. doi:10.1080/19419899.2013.774162.
S2CID 147120909.
611
Bogaert, AF (April 2015). "Asexuality: What It Is and Why It Matters". The Journal of Sex Research. 52 (4): 362–
379. doi:10.1080/00224499.2015.1015713. PMID 25897566. S2CID 23720993.
612
Bridgeman, Shelley (August 5, 2007). "No sex please, we're asexual". The New Zealand Herald. Archived from
the original on November 3, 2018.
613
Chasin, CJ DeLuzio (2015). "Making Sense in and of the Asexual Community: Navigating Relationships and
Identities in a Context of Resistance". Journal of Community & Applied Social Psychology. 25 (2): 167–180.
doi:10.1002/casp.2203. ISSN 1099-1298.
614
Marshall Cavendish, ed. (2010). "Asexuality". Sex and Society. Vol. 2. Marshall Cavendish. pp. 82–83. ISBN 978-
0-7614-7906-2. Archived from the original on October 16, 2015.
615
Decker, Julie Sondra (2015). The Invisible Orientation: An Introduction to Asexuality. New York City, New York:
Skyhorse Publishing. ISBN 978-1-5107-0064-2. Archived from the original on July 26, 2020.
616
Over, Ray; Koukounas, Eric (1995). "Habituation of Sexual Arousal: Product and Process". Annual Review of Sex
Research. 6 (1): 187–223. doi:10.1016/S0301-0511(01)00096-5. PMID 11473795. S2CID 35865728. Archived from
the original on September 23, 2019.

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researchers as including asexuality617. While heterosexuality, homosexuality and

bisexuality are usually, but not always, determined during the early years of
preadolescent life, it is not known when asexuality is determined. "It is unclear
whether these characteristics [viz., "lacking interest in or desire for sex"] are thought
to be lifelong, or if they may be acquired."618
One criterion usually taken to be defining of a sexual orientation is that it is stable
over time. In a 2016 analysis in the Archives of Sexual Behavior, Brotto et al. found
"only weak support" for this criterion being met among asexual individuals619. An
analysis of data from the National Longitudinal Study of Adolescent to Adult Health
by Stephen Cranney found that, of 14[a] individuals who reported no sexual
attraction in the study's third wave (when subjects ranged in age from 18 to 26), only
3 continued to identify in this way at the fourth wave, six years later 620. However,
Cranney notes that asexual identification in the third wave was still significant as a
predictor of asexual identification in the subsequent wave. In a subsequent
commentary, Cranney stated that the interpretation of this data was complicated by
the absence of any "set quantitative standard for how long a sexual desire must last
before it is considered stable or intrinsic enough to be considered an orientation"621.

Sexual activity and sexuality

While some asexuals masturbate as a solitary form of release or have sex for the
benefit of a romantic partner, others do not (see above)622. Fischer et al. reported that
"scholars who study the physiology around asexuality suggest that people who are
asexual are capable of genital arousal but may experience difficulty with so-called
subjective arousal." This means that "while the body becomes aroused, subjectively
– at the level of the mind and emotions – one does not experience arousal"623.

617
Garcia-Falgueras, A; Swaab, DF (2010). Sexual hormones and the brain: an essential alliance for sexual identity
and sexual orientation. Endocr Dev. Endocrine Development. Vol. 17. pp. 22–35. doi:10.1159/000262525. ISBN 978-
3-8055-9302-1. PMID 19955753.
618
Prause, Nicole; Cynthia A. Graham (2007). "Asexuality: Classification and Characterization" (PDF). Archives of
Sexual Behavior. 36 (3): 341–356. doi:10.1007/s10508-006-9142-3. PMID 17345167. S2CID 12034925.
619
Brotto, L. A.; Yule, M. (2016). "Asexuality: Sexual Orientation, Paraphilia, Sexual Dysfunction, or None of the
Above?". Archives of Sexual Behavior. 46 (3): 619–627. doi:10.1007/s10508-016-0802-7. PMID 27542079. S2CID
207092428.
620
Cranney, Stephen (2016). "The Temporal Stability of Lack of Sexual Attraction across Young Adulthood".
Archives of Sexual Behavior. 45 (3): 743–749. doi:10.1007/s10508-015-0583-4. PMC 5443108. PMID 26228992.
621
Cranney, Stephen (2016). "Does Asexuality Meet the Stability Criterion for a Sexual Orientation?". Archives of
Sexual Behavior. 46 (3): 637–638. doi:10.1007/s10508-016-0887-z. PMID 27815642. S2CID 40119928.
622
Nancy L. Fischer; Steven Seidman (2016). Introducing the New Sexuality Studies. Routledge. p. 183. ISBN 978-
1317449188. Archived from the original on July 26, 2020.
623
Ibid.

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The Kinsey Institute sponsored another small survey on the topic in 2007, which
found that self-identified asexuals "reported significantly less desire for sex with a
partner, lower sexual arousability, and lower sexual excitation but did not differ
consistently from non-asexuals in their sexual inhibition scores or their desire to
masturbate"624.
A 1977 paper titled Asexual and Autoerotic Women: Two Invisible Groups, by Myra
T. Johnson, is explicitly devoted to asexuality in humans. [59] Johnson defines
asexuals as those men and women "who, regardless of physical or emotional
condition, actual sexual history, and marital status or ideological orientation, seem
to prefer not to engage in sexual activity." She contrasts autoerotic women with
asexual women: "The asexual woman ... has no sexual desires at all [but] the
autoerotic woman ... recognizes such desires but prefers to satisfy them alone."
Johnson's evidence is mostly letters to the editor found in women's magazines
written by asexual/autoerotic women. She portrays them as invisible, "oppressed by
a consensus that they are non-existent," and left behind by both the sexual revolution
and the feminist movement. Johnson argued that society either ignores or denies
their existence or insists they must be ascetic for religious reasons, neurotic, or
asexual for political reasons625.
In a study published in 1979 in volume five of Advances in the Study of Affect, as
well as in another article using the same data and published in 1980 in the Journal
of Personality and Social Psychology, Michael D. Storms of the University of
Kansas outlined his own reimagining of the Kinsey scale. Whereas Kinsey measured
sexual orientation based on a combination of actual sexual behavior and fantasizing
and eroticism, Storms used only fantasizing and eroticism. Storms, however, placed
hetero-eroticism and homo-eroticism on separate axes rather than at two ends of a
single scale; this allows for a distinction between bisexuality (exhibiting both hetero-
and homo-eroticism in degrees comparable to hetero- or homosexuals, respectively)
and asexuality (exhibiting a level of homo-eroticism comparable to a heterosexual
and a level of hetero-eroticism comparable to a homosexual, namely, little to none).
This type of scale accounted for asexuality for the first time626. Storms conjectured
that many researchers following Kinsey's model could be mis-categorizing asexual

624
Prause, Nicole; Cynthia A. Graham (2007). "Asexuality: Classification and Characterization" (PDF). Archives of
Sexual Behavior. 36 (3): 341–356. doi:10.1007/s10508-006-9142-3
625
"Asexual and Autoerotic Women: Two Invisible Groups" found in ed. Gochros, H. L.; J. S. Gochros (1977). The
Sexually Oppressed. Associated Press. ISBN 978-0-8096-1915-3
626
Karli June Cerankowski; Megan Milks (2014). Asexualities: Feminist and Queer Perspectives. Routledge. p. 113.
ISBN 978-1-134-69253-8. Archived from the original on July 26, 2020.

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subjects as bisexual, because both were simply defined by a lack of preference for
gender in sexual partners627.
In a 1983 study by Paula Nurius, which included 689 subjects (most of whom were
students at various universities in the United States taking psychology or sociology
classes), the two-dimensional fantasizing and eroticism scale was used to measure
sexual orientation. Based on the results, respondents were given a score ranging from
0 to 100 for hetero-eroticism and from 0 to 100 for homo-eroticism. Respondents
who scored lower than 10 on both were labeled "asexual". This consisted of 5% of
the males and 10% of the females. Results showed that asexuals reported much lower
frequency and desired frequency of a variety of sexual activities including having
multiple partners, anal sexual activities, having sexual encounters in a variety of
locations, and autoerotic activities628.

Feminist research
The field of asexuality studies is still emerging as a subset of the broader field of
gender and sexuality studies. Notable researchers who have produced significant
works in asexuality studies include KJ Cerankowski, Ela Przybylo, and CJ DeLuzio
Chasin.
A 2010 paper written by KJ Cerankowski and Megan Milks, titled New Orientations:
Asexuality and Its Implications for Theory and Practice, suggests that asexuality
may be somewhat of a question in itself for the studies of gender and sexuality629.
Cerankowski and Milks have suggested that asexuality raises many more questions
than it resolves, such as how a person could abstain from having sex, which is
generally accepted by society to be the most basic of instincts630. Their New
Orientations paper states that society has deemed "[LGBT and] female sexuality as
empowered or repressed. The asexual movement challenges that assumption by
challenging many of the basic tenets of pro-sex feminism [in which it is] already
defined as repressive or anti-sex sexualities." In addition to accepting self-
identification as asexual, the Asexual Visibility and Education Network has

627
Storms, Michael D. (1980). "Theories of Sexual Orientation" (PDF). Journal of Personality and Social Psychology.
38 (5): 783–792. doi:10.1037/0022-3514.38.5.783. Archived (PDF) from the original on September 23, 2019.
628
Nurius, Paula (1983). "Mental Health Implications of Sexual Orientation". The Journal of Sex Research. 19 (2):
119–136. doi:10.1080/00224498309551174.
629
Aleksondra Hultquist; Elizabeth J. Mathews (2016). New Perspectives on Delarivier Manley and Eighteenth-
Century Literature: Power, Sex, and Text. Routledge. p. 123. ISBN 978-1317196921. Archived from the original on
September 23, 2019.
630
Karli June Cerankowski; Megan Milks (2014). Asexualities: Feminist and Queer Perspectives. Routledge. pp. 1–
410. ISBN 978-1-134-69253-8. Archived from the original on July 26, 2020.

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formulated asexuality as a biologically determined orientation. This formula, if

dissected scientifically and proven, would support researcher Simon LeVay's blind
study of the hypothalamus in gay men, women, and straight men, which indicates
that there is a biological difference between straight men and gay men631.
In 2014, Cerankowski and Milks edited and published A sexualities: Feminist and
Queer Perspectives, a collection of essays intended to explore the politics of
asexuality from a feminist and queer perspective. [65] It is broken into the
introduction and then six parts: Theorizing Asexuality: New Orientations; The
Politics of Asexuality; Visualizing Asexuality in Media Culture; Asexuality and
Masculinity; Health, Disability, and Medicalization; and Reading Asexually:
Asexual Literary Theory. Each part contains two to three papers on a given aspect
of asexuality research. One such paper is written by Ela Przybylo, another name that
is becoming common in asexual scholarly literature. Her article, with regard to the
Cerankowski and Milks anthology, focuses on accounts by self-identified male
asexuals, with a particular focus on the pressures men experience towards having
sex in dominant Western discourse and media. Three men living in Southern
Ontario, Canada, were interviewed in 2011, and Przybylo admits that the small
sample-size means that her findings cannot be generalized to a greater population in
terms of representation, and that they are "exploratory and provisional", especially
in a field that is still lacking in theorizations. All three interviewees addressed being
affected by the stereotype that men have to enjoy and want sex in order to be "real
men"632.
Another of Przybylo's works, Asexuality and the Feminist Politics of "Not Doing
It", published in 2011, takes a feminist lens to scientific writings on asexuality.
Pryzyblo argues that asexuality is made possible only through the Western context
of "sexual, coital, and heterosexual imperatives". She addresses earlier works by
Dana Densmore, Valerie Solanas, and Breanne Fahs, who argued for "asexuality and
celibacy" as radical feminist political strategies against patriarchy. While Przybylo
does make some distinctions between asexuality and celibacy, she considers blurring
the lines between the two to be productive for a feminist understanding of the
topic633. In her 2013 article, "Producing Facts: Empirical Asexuality and the

631
Myers, David G. (2010). Psychology (9th ed.). New York: Worth Publishers. p. 474. ISBN 978-1-4292-1597-8.
632
Przybylo, Ela. "Masculine Doubt and Sexual Wonder: Asexually-Identified Men Talk About Their (A)sexualities"
from Karli June Cerankowski and Megan Milks, eds., A sexualities: Feminist and Queer Perspectives (Routledge,
2014), 225-246.
633
Przybylo, Ela (2011). Asexuality and the Feminist Politics of 'Not Doing It' (MA thesis). Edmonton, Alberta:
University of Alberta. doi:10.7939/R3RB04.

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Scientific Study of Sex", Przybylo distinguishes between two different stages of

asexual research: that of the late 1970s to the early 1990s, which often included a
very limited understanding of asexuality, and the more recent revisiting of the
subject which she says began with Bogaert's 2004 study and has popularized the
subject and made it more "culturally visible". In this article, Przybylo once again
asserts the understanding of asexuality as a cultural phenomenon, and continues to
be critical of its scientific study634. Pryzblo published a book, Asexual Erotics, in
2019. In this book, she argued that asexuality poses a "paradox" in that is a sexual
orientation that is defined by the absence of sexual activity entirely. She
distinguishes between a sociological understanding of asexuality and a cultural
understanding, which she said could include "the open mesh of possibilities, gaps,
overlaps, dissonances and resonances"635.
CJ DeLuzio Chasin states in Reconsidering Asexuality and Its Radical Potential that
academic research on asexuality "has positioned asexuality in line with essentialist
discourses of sexual orientation" which is troublesome as it creates a binary between
asexuals and persons who have been subjected to psychiatric intervention for
disorders such as Hypoactive Sexual Desire Disorder636. Chasin says that this binary
implies that all asexuals experience a lifelong (hence, enduring) lack of sexual
attraction, that all non-asexuals who experience a lack of sexual desire experience
distress over it, and that it pathologizes asexuals who do experience such distress637.
As Chasin says such diagnoses as HSDD act to medical lize and govern women's
sexuality, the article aims to "unpack" problematic definitions of asexuality that are
harmful to both asexuals and women alike. Chasin states that asexuality has the
power to challenge commonplace discourse of the naturalness of sexuality, but that
the unquestioned acceptance of its current definition does not allow for this. Chasin
also argues there and elsewhere in Making Sense in and of the Asexual Community:
Navigating Relationships and Identities in a Context of Resistance that it is important
to interrogate why someone might be distressed about low sexual desire. Chasin
further argues that clinicians have an ethical obligation to avoid treating low sexual

634
Przybylo, Ela (2013). "Producing Facts: Empirical Asexuality and the Scientific Study of Sex". Feminism &
Psychology. 23 (2): 224–242. doi:10.1177/0959353512443668. S2CID 144394132.
635
Przybylo, Ela (2019). Asexual erotic’s: intimate readings of compulsory sexuality. Columbus: Ohio State
University. pp. 1–32. ISBN 978-0-8142-1404-6. OCLC 1096288008.
636
Chasin, CJ DeLuzio (2013). "Reconsidering Asexuality and Its Radical Potential" (PDF). Feminist Studies. 39 (2):
405. doi:10.1353/fem.2013.0054. S2CID 147025548. Archived (PDF) from the original on March 3, 2014.
637
Ibid.

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desire per se as pathological, and to discuss asexuality as a viable possibility (where

relevant) with clients presenting clinically with low sexual desire638.

Intersections with race and disability

Scholar Ianna Hawkins Owen writes, "Studies of race have revealed the deployment
of asexuality in the dominant discourse as an ideal sexual behavior to justify both
the empowerment of whites and the subordination of blacks to uphold a racialized
social and political system."639 This is partly due to the simultaneous sexualization
and de-sexualization of black women in the Mammy archetype, as well as by how
society de-sexualizes certain racial minorities, as part of a bid to claim superiority
by Whites. This is co-existent with the sexualization of black female bodies in the
Jezebel archetype, both utilized to justify slavery and enable further control. Owen
also criticizes the "...investment in constructing asexuality upon a white racial rubric
(who else can claim access to being just like everyone else?)640".
Eunjung Kim comments on the intersections between disability or Crip theory and
asexuality, saying disabled people are more frequently de-sexualized641. Kim
compares the idea of frigid women to asexuality and analyzes its history from a
queer, Crip, and feminist angle. Scholar Karen Cuthbert comments on "providing
the first empirically grounded discussion of this intersection of asexuality and
disability (and to a lesser extent gender and 'race')."642

Bogaert's psychological work and theories

Bogaert argues that understanding asexuality is of key importance to understanding
sexuality in general. For his work, Bogaert defines asexuality as "a lack of lustful
inclinations/feelings directed toward others," a definition that he argues is relatively
new in light of recent theory and empirical work on sexual orientation. This
definition of asexuality also makes clear this distinction between behavior and

638
Chasin, CJ DeLuzio (2015). "Making Sense in and of the Asexual Community: Navigating Relationships and
Identities in a Context of Resistance". Journal of Community & Applied Social Psychology. 25 (2): 167–180.
doi:10.1002/casp.2203. ISSN 1099-1298.
639
Hawkins Owen, Ianna (2014). A sexuality: feminist and queer perspectives. Cerankowski, Karli June., Milks,
Megan. New York. ISBN 978-0-415-71442-6. OCLC 863044056.
640
Owen, Ianna Hawkins (November 2018). "Still, nothing: Mammy and black asexual possibility". Feminist Review.
120 (1): 70–84. doi:10.1057/s41305-018-0140-9. ISSN 0141-7789. S2CID 149999756.
641
Kim, Eunjung (2014). A sexualities: feminist and queer perspectives. Cerankowski, Karli June., Milks, Megan.
New York. ISBN 978-0-415-71442-6. OCLC 863044056.
642
Cuthbert, Karen (2017). "You Have to be Normal to be Abnormal: An Empirically Grounded Exploration of the
Intersection of Asexuality and Disability". Sociology. 51 (2): 241–257. doi:10.1177/0038038515587639. ISSN 0038-
0385. S2CID 141976966. Archived from the original on March 7, 2022. Retrieved March 7, 2022 – via SAGE
Publications.

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desire, for both asexuality and celibacy, although Bogaert also notes that there is
some evidence of reduced sexual activity for those who fit this definition. He further
distinguishes between desire for others and desire for sexual stimulation, the latter
of which is not always absent for those who identify as asexual, although he
acknowledges that other theorists define asexuality differently and that further
research needs to be done on the "complex relationship between attraction and
desire"643. Another distinction is made between romantic and sexual attraction, and
he draws on work from developmental psychology, which suggests that romantic
systems derive from attachment theory while sexual systems "primarily reside in
different brain structures"644.
Concurrent with Bogaert's suggestion that understanding asexuality will lead to a
better understanding of sexuality overall, he discusses the topic of asexual
masturbation to theorize on asexuals and "'target-oriented' paraphilia, in which there
is an inversion, reversal, or disconnection between the self and the typical
target/object of sexual interest/attraction" (such as attraction to oneself, labelled
"automonosexualism")645.
In an earlier 2006 article, Bogaert acknowledges that a distinction between behavior
and attraction has been accepted into recent conceptualizations of sexual orientation,
which aids in positioning asexuality as such.[76] He adds that, by this framework,
"(subjective) sexual attraction is the psychological core of sexual orientation", and
also addresses that there may be "some skepticism in [both] the academic and
clinical communities" about classifying asexuality as a sexual orientation, and that
it raises two objections to such a classification: First, he suggests that there could be
an issue with self-reporting (i.e., "a 'perceived' or 'reported' lack of attraction",
particularly for definitions of sexual orientation that consider physical arousal over
subjective attraction), and, second, he raises the issue of overlap between absent and
very low sexual desire, as those with an extremely low desire may still have an
"underlying sexual orientation" despite potentially identifying as asexual646.

643
Bogaert, A. F. (2015). "Asexuality: What It Is and Why It Matters". Journal of Sex Research. 52 (4): 362–379.
doi:10.1080/00224499.2015.1015713. PMID 25897566. S2CID 23720993.
644
Ibid.
645
Bogaert, A. F. (2015). "Asexuality: What It Is and Why It Matters". Journal of Sex Research. 52 (4): 362–379.
doi:10.1080/00224499.2015.1015713. PMID 25897566. S2CID 23720993.
646
Ibid.

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Community
The history of the asexual community is presently undocumented in academic
work647. Although several private websites for those who fall under the modern
definition of asexuality existed online in the 1990s648, scholars believe that it was
not until the early 21st century when a community of self-identified asexuals began
to form, aided by the popularity of online communities649. Several small
communities existed online, such as the "Leather Spinsters", "Nonolibidoism
Society", and "Haven for the Human Amoeba", documented by Volkmar
Saguache650. In 2001, activist David Jay founded the Asexual Visibility and
Education Network (AVEN), whose stated goals are "creating public acceptance and
discussion of asexuality and facilitating the growth of an asexual community".651
Some asexual believe that participation in an asexual community is an important
resource, as they often report feeling ostracized in broader society652. Communities
such as AVEN can be beneficial to those in search of answers when questioning their
sexual orientation, such as providing support if one feels their lack of sexual
attraction constitutes a disease. Online asexual communities can also serve to inform
others about asexuality653.
However, affiliating with online communities among asexual people vary. Some
question the purpose of online communities, while others heavily depend on them
for support. According to Elizabeth Abbott, asexuality has always been present in
society, though asexual people kept a lower profile. She further stated that while the
failure to consummate marriage was seen as an insult to the sacrament of marriage
in medieval times, and has been sometimes used as grounds to terminate a marriage,
though asexuality has never been illegal, unlike homosexuality. However, the recent

647
Carrigan, Mark; Gupta, Kristina; Morrison, Todd G. (2015). Asexuality and Sexual Normativity: An Anthology.
Routledge. ISBN 978-0-415-73132-4. Archived from the original on July 26, 2020.
648
Volkmar Sigusch. "Sexualitäten: Eine kritische Theorie in 99 Fragmenten". 2013. Campus Verlag [de].
649
Abbie E. Goldberg (2016). The SAGE Encyclopedia of LGBTQ Studies. SAGE Publications. p. 92. ISBN 978-
1483371290. Archived from the original on July 26, 2020. Retrieved October 5, 2017. "[...] The sociological literature
has stressed the novelty of asexuality as a distinctive form of social identification that emerged in the early 21st
century."
650
Ibid.
651
Swash, Rosie (February 25, 2012). "Among the asexuals". The Guardian. Archived from the original on February
11, 2021.
652
MacNeela, Pádraig; Murphy, Aisling (December 30, 2014). "Freedom, Invisibility, and Community: A Qualitative
Study of Self-Identification with Asexuality". Archives of Sexual Behavior. 44 (3): 799–812. doi:10.1007/s10508-
014-0458-0. ISSN 0004-0002. PMID 25548065. S2CID 23757013.
653
Carrigan, Mark (2011). "There's more to life than sex? Differences and commonality within the asexual
community". Sexualities. 14 (4): 462–478. doi:10.1177/1363460711406462. S2CID 146445274.

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growth of online communication and social networking as facilitated the growth of

a community built upon a common asexual identity654.

Symbols
The asexual pride flag features four horizontal stripes: black, gray, white, and purple,
from top to bottom
A black ring may be worn on one's right middle finger to indicate asexuality
In 2009, AVEN members participated in the first asexual entry into an American
pride parade at the San Francisco Pride Parade655. In 2010, after a period of debate
surrounding the existence of a pride flag to represent asexuality, as well as a system
to create one, the asexual pride flag was formally announced. The final design was
a popular design, and received the most votes in an online open-access poll656. The
flag's colors—four horizontal stripes of black, gray, white, and purple from top to
bottom—represent asexuality, gray-asexuality, all sexuality, and community,
respectively657. They have also since been used as a representation of asexuality as
a whole. [83] Some members of the asexual community additional opt to wear a
black ring on their right middle finger, colloquially known as an "ace ring", as a form
of identification658. Some asexual use ace playing card suits as identities of their
romantic orientation, such as the ace of spades for romanticism and the ace of hearts
for non-romanticism659.

Asexuality Events
On June 29, 2014, AVEN organized the second International Asexuality
Conference, as an affiliate World Pride event in Toronto. The first was held at the
2012 World Pride in London660. The second such event, which was attended by

654
Duenwald, Mary (July 9, 2005). "For Them, Just Saying No Is Easy". The New York Times. Archived from the
original on October 20, 2014.
655
Anneli, Rufus (June 22, 2009). "Stuck. Asexuals at the Pride Parade". Psychology Today. Archived from the
original on March 9, 2022.
656
"Asexuality – Redefining Love and Sexuality". recultured. January 9, 2012. Archived from the original on June
17, 2018.
657
"Asexual". UCLA Lesbian Gay Bisexual Transgender Resource center. Archived from the original on September
4, 2017.
658
Chasin, CJ DeLuzio (2013). "Reconsidering Asexuality and Its Radical Potential". Feminist Studies. 39 (2): 405–
426. doi:10.1353/fem.2013.0054. S2CID 147025548.
659
Decker, Julie S. (2015). The Invisible Orientation: An Introduction to Asexuality. Simon and Schuster. ISBN
9781510700642. Archived from the original on April 12, 2021.
660
Shira Tarrant (June 19, 2015). Gender, Sex, and Politics: In the Streets and Between the Sheets in the 21st Century.
Taylor & Francis. pp. 278–. ISBN 978-1-317-81475-7. Archived from the original on February 13, 2021.

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around 250 people, was the largest gathering of asexuals to date661. The conference
included presentations, discussions, and workshops on topics such as research on
asexuality, asexual relationships, and intersecting identities.
Ace Week (formerly Asexual Awareness Week) occurs on the last full week in
October. It is an awareness period that was created to celebrate and bring awareness
to asexuality (including grey asexuality)662. It was founded by Sara Beth Brooks in
2010663.
International Asexuality Day (IAD) is an annual celebration of the asexuality
community that takes place on 6 April664. The intention for the day is "to place a
special emphasis on the international community, going beyond the anglophone and
Western sphere that has so far had the most coverage"665. An international committee
spent a little under a year preparing the event, as well as publishing a website and
press materials666. This committee settled on the date of 6 April to avoid clashing
with as many significant dates around the world as possible, although this date is
subject to review and may change in future years667. The first International
Asexuality Day was celebrated in 2021 and involved asexuality organizations from
at least 26 countries668. Activities included virtual meetups, advocacy programs both
online and offline, and the sharing of stories in various art-forms669.

Asexuality and Religion

Studies have found no significant statistical correlation between religion and
asexuality, with asexuality occurring with equal prevalence in both religious and
irreligious individuals670. Asexuality is more common among celibate clergy, as

661
"World Pride Toronto: Asexuals march in biggest numbers yet". Toronto Star. June 23, 2014. Archived from the
original on November 18, 2021.
662
"AAW – About Us". asexualawarenessweek.com. Archived from the original on January 7, 2016.
663
"About [prerelease]". asexualawarenessweek.com. Archived from the original on September 4, 2017.
664
"International Asexuality Day". International Asexuality Day (IAD.
665
"FAQ". International Asexuality Day (IAD). Archived from the original on March 7, 2021.
666
"Redefining Perceptions of Asexuality with Yasmin Benoit". noctismag.com. Archived from the original on April
6, 2021. Retrieved April 8, 2021.
667
Flood, Rebecca (April 6, 2021). "Asexual Meaning as First International Asexuality Day Celebrated Around the
World". Newsweek. Archived from the original on April 6, 2021.
668
O'Dell, Liam (April 6, 2021). "What is International Asexuality Day?". The Independent. Archived from the
original on April 6, 2021.
669
"In Nepal's growing queer movement, here's how asexuals are trying to amplify their voice". kathmandupost.com.
Archived from the original on April 9, 2021.
670
Aicken, Catherine R. H.; Mercer, Catherine H.; Cassell, Jackie A. (September 7, 2015). "Who reports absence of
sexual attraction in Britain? Evidence from national probability surveys". In Carrigan, Mark; Gupta, Kristina;

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non-asexual are more likely to be discouraged by vows of chastity.671 According to

Aicken et al., a higher proportion of Muslim respondents reported that they did not
experience any form of sexual attraction compared to Christian respondents672.
In Matthew 19:11–12, Jesus mentions "For there are eunuchs who were born that
way, and there are eunuchs who have been made eunuchs by others673 – and there
are those who choose to live like eunuchs to the sake of the kingdom of heaven 674."
Some biblical exegetes have interpreted the "eunuchs who were born that way" as
including asexual. While Christianity has not directly mentioned asexuality, it has
revered celibacy; the apostle Paul, writing as a celibate, has been described by some
writers as asexual675. He writes in 1 Corinthians 7:6–9,
I wish that all men were as I am. But each man has his own gift from God; one has
this gift, another has that. Now to the unmarried and the widows I say: It is good for
them to stay unmarried, as I am. But if they cannot control themselves, they should
marry, for it is better to marry than to burn with passion.

Discrimination and legal protections

A 2012 study published in Group Processes & Intergroup Relations reported that
asexual are evaluated more negatively in terms of prejudice, dehumanization and
discrimination than other sexual minorities, such as gay men, lesbians and bisexuals.
Both homosexual and heterosexual people thought of asexual as not only cold, but
also animalistic and unrestrained676. A different study, however, found little

Morrison, Todd G. (eds.). Asexuality and Sexual Normativity: An Anthology. New York City, New York and London,
England: Routledge. pp. 22–27. ISBN 978-0-415-73132-4. Archived from the original on July 26, 2020. Retrieved
January 10, 2018.
671
Bogaert, Anthony (2012). Understanding Asexuality. Lanham, Maryland: Rowman and Littlefield Publishers, Inc.
pp. 36–39. ISBN 978-1-4422-0099-9. Archived from the original on July 26, 2020. Retrieved January 10, 2018.
672
Aicken, Catherine R. H.; Mercer, Catherine H.; Cassell, Jackie A. (September 7, 2015). "Who reports absence of
sexual attraction in Britain? Evidence from national probability surveys". In Carrigan, Mark; Gupta, Kristina;
Morrison, Todd G. (eds.). Asexuality and Sexual Normativity: An Anthology. New York City, New York and London,
England: Routledge. pp. 22–27. ISBN 978-0-415-73132-4. Archived from the original on July 26, 2020. Retrieved
January 10, 2018.
673
Cole, William Graham (2015) [1955]. Sex in Christianity and Psychoanalysis. Routledge Library Editions:
Psychoanalysis. New York City, New York and London, England: Routledge. p. 177. ISBN 978-1138951792.
Archived from the original on September 23, 2019.
674
Kaoma, Kapya (2018). Christianity, Globalization, and Protective Homophobia: Democratic Contestation of
Sexuality in Sub-Saharan Africa. Boston, Massachusetts: Palgrave Macmillan. pp. 159–160. ISBN 978-3-319-66341-
8.
675
Zuckerman, Phil (2003). An Invitation to Sociology of Religion. New York City, New York and London, England:
Routledge. p. 111. ISBN 978-0-415-94125-9. Archived from the original on September 23, 2019.
676
MacInnis, Cara C.; Hodson, Gordon (2012). "Intergroup bias toward 'Group X': Evidence of prejudice,
dehumanization, avoidance, and discrimination against asexual". Group Processes & Intergroup Relations. 15 (6):
725–743. doi:10.1177/1368430212442419. S2CID 3056711.

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evidence of serious discrimination against asexual because of their asexuality 677.

Asexual activist, author, and blogger Julie Decker has observed that sexual
harassment and violence, such as corrective rape, commonly victimizes the asexual
community. Sociologist Mark Carrigan sees a middle ground, arguing that while
asexual do often experience discrimination, it is not of a phobic nature but "more
about marginalization because people genuinely don't understand asexuality678."
Asexuals also face prejudice from the LGBT community. Many LGBT people
assume that anyone who is not homosexual or bisexual must be straight and
frequently exclude asexual from their definitions of queer. Although many well-
known organizations devoted to aiding LGBTQ communities exist, these
organizations generally do not reach out to asexual and do not provide library
materials about asexuality679. Upon coming out as asexual, activist Sara Beth Brooks
was told by many LGBT people that asexual are mistaken in their self-identification
and seek undeserved attention within the social justice movement 680. Other LGBT
organizations, such as The Trevor Project and the National LGBTQ Task Force,
explicitly include asexual because they are non-heterosexual and can therefore be
included in the definition of queer681. Some organizations now add an A to the
LGBTQ acronym to include asexual; however, this is still a controversial topic in
some queer organizations682.
In some jurisdictions, asexual have legal protections. While Brazil bans since 1999
whatever pantheonization or attempted treatment of sexual orientation by mental
health professionals through the national ethical code683, the U.S. state of New York
has labeled asexual as a protected class684. However, asexuality does not typically
attract the attention of the public or major scrutiny; therefore, it has not been the
subject of legislation as much as other sexual orientations have.

677
Gazzola, Stephanie B, and Melanie A. Morrison. "Asexuality: An emergent sexual orientation". Sexual Minority
Research in the New Millennium.
678
Wallis, Lucy (January 17, 2012). "What is it like to be asexual?". BBC News.
679
Decker, Julie Sondra (2015). The Invisible Orientation: An Introduction to Asexuality. New York City, New York:
Skyhorse Publishing. ISBN 978-1-5107-0064-2. Archived from the original on July 26, 2020.
680
Mosbergen, Dominique (June 20, 2013). "Battling Asexual Discrimination, Sexual Violence, and Corrective Rape".
HuffPost. Archived from the original on August 18, 2013.
681
The Trevor Project - FAQ about asexuality Archived April 6, 2021, at the Way back Machine, The Trevor Project
website.
682
Mosbergen, Dominique (June 21, 2013). "LGBT, Asexual Communities Clash over Ace Inclusion". HuffPost.
Archived from the original on March 5, 2018.
683
Psychiatrist Jairo Bouer talks about the "collateral effects" of "gay cure" bill Archived January 15, 2014, at the
Wayback Machine (in Portuguese)
684
The Sexual Orientation Non-Discrimination Act ("SONDA") (State of New York, Office of the Attorney General,
Civil Rights Bureau)

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In media
Sir Arthur Conan Doyle intentionally portrayed his character Sherlock Holmes as
what would today be classified as asexual685.
Asexual representation in media is limited and rarely openly acknowledged or
confirmed by creators or authors686. In works composed prior to the beginning of the
twenty-first century, characters are generally automatically assumed to be sexual and
the existence of a character's sexuality is usually never questioned687. Sir Arthur
Conan Doyle portrayed his character Sherlock Holmes as what would today be
classified as asexual, with the intention to characterize him as solely driven by
intellect and immune to the desires of the flesh688. The Archie Comics character
Jughead Jones was likely intended by his creators as an asexual foil to Archie's
excessive heterosexuality, but, over the years, this portrayal shifted, with various
iterations and reboots of the series implying that he is either gay or heterosexual. In
2016, he was confirmed to be asexual in the New Riverdale Jughead comics689. The
writers of the 2017 television show Riverdale, based on the Archie comics, chose to
depict Jughead as a heterosexual despite pleas from both fans and Jughead actor
Cole Sprouse to retain Jughead's asexuality and allow the asexual community to be
represented alongside the gay and bisexual communities, both represented in the
show690. This decision sparked conversations about deliberate asexual erasure in the
media and its consequences, especially on younger viewers691.
Anthony Bogaert has classified Gilligan, the eponymous character of the 1960s
television series Gilligan's Island, as asexual. [102] Bogaert suggests that the
producers of the show likely portrayed him in this way to make him more relatable
to young male viewers of the show who had not yet reached puberty and had
therefore presumably not yet experienced sexual desire. Gilligan's asexual nature
also allowed the producers to orchestrate intentionally comedic situations in which
Gilligan spurns the advances of attractive females. Films and television shows
685
Bogaert, Anthony (2012). Understanding Asexuality. Lanham, Maryland: Rowman and Littlefield Publishers, Inc.
pp. 36–39. ISBN 978-1-4422-0099-9. Archived from the original on July 26, 2020.
686
Zuckerman, Phil (2003). An Invitation to Sociology of Religion. New York City, New York and London, England:
Routledge. p. 111. ISBN 978-0-415-94125-9. Archived from the original on September 23, 2019.
687
Jackson, Stevi, and Sue Scott. Theorizing Sexuality. Maidenhead: Open UP, 2010. Web. May 2, 2016.
688
Bogaert, Anthony (2012). Understanding Asexuality. Lanham, Maryland: Rowman and Littlefield Publishers, Inc.
pp. 36–39. ISBN 978-1-4422-0099-9.
689
"Archie Comic Reveals Jughead Is Asexual". Vulture. February 8, 2016.
690
"Cole Sprouse Is Bummed That RIVERDALE's Jughead Isn't Asexual | Nerdist". Nerdist. January 27, 2017.
Archived from the original on June 26, 2018.
691
Revanche, Jonno. "'Riverdale's' Asexual Erasure Can Be More Harmful Than You Think". Teen Vogue. Archived
from the original on March 4, 2021.

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frequently feature attractive, but seemingly asexual, female characters who are
"converted" to heterosexuality by the male protagonist by the end of the production.
These unrealistic portrayals reflect a heterosexual male belief that all asexual women
secretly desire men692.
Asexuality as a sexual identity, rather than as a biological entity, became more
widely discussed in the media in the beginning of the twenty-first century693. The
Fox Network series House represented an "asexual" couple in the episode "Better
Half" (2012). However, this representation has been questioned by 694members of
the asexual community, as the episode concluded that the man simply had a pituitary
tumor that reduced his sex drive and the woman was only pretending to be asexual
to please him, leading to controversy over the representation and a change.org
petition for Fox Network to reconsider how it represents asexual characters in the
future, stating it "represented asexuality very poorly by attributing it to both medical
illness and deception695." Other fictional asexual characters include SpongeBob and
his best friend Patrick from SpongeBob SquarePants and Todd Chavez from Bo Jack
Horseman (generally well-accepted by the asexual community as positive
representation)696.

692
Bogaert, Anthony (2012). Understanding Asexuality. Lanham, Maryland: Rowman and Littlefield Publishers, Inc.
pp. 36–39. ISBN 978-1-4422-0099-9. Archived from the original on July 26, 2020.
693
Kelemen, Erick. "Asexuality". Encyclopedia of Sex and Gender. Ed. Fedwa Malti-Douglas. Vol. 1. Detroit:
Macmillan Reference USA, 2007. 103. Gale Virtual Reference Library. Web. May 2, 2016.
694
"SpongeBob is asexual, says creator". Asexual Visibility and Education Network. Archived from the original on
July 26, 2020.
695
Clark-Flory, Tracy (January 31, 2012). ""House" gets asexuality wrong". Salon. Archived from the original on
September 21, 2017.
696
Kliegman, Julie. "Todd's Asexuality on 'BoJack' Isn't a Perfect Depiction, But It's Made Me Feel Understood".
Bustle. Archived from the original on February 26, 2021.

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CHAPTER THIRTY-NINE
PHYSICAL INTEGRITY AND BODILY AUTONOMY
Intersex people face stigmatisation and discrimination from birth. In some countries,
particularly in Africa and Asia, this may include infanticide, abandonment and the
stigmatization of families. Mothers in east Africa may be accused of witchcraft, and
the birth of an intersex child may be described as a curse. Abandonments and
infanticides have been reported in Uganda697, Kenya, south Asia, and China.
In 2015, it was reported that an intersex Kenyan adolescent, Muhadh Ishmael, was
mutilated and later died. He had previously been described as a curse on his
family698.
Non-consensual medical interventions to modify the sex characteristics of intersex
people take place in all countries where the human rights of intersex people have
been explored699. Such interventions have been criticized by the World Health
Organization, other UN bodies such as the Office of the High Commissioner for
Human Rights, and an increasing number of regional and national institutions. In
low and middle-income countries, the cost of healthcare may limit access to
necessary medical treatment at the same time that other individuals experience
coercive medical interventions700.
Several rights have been stated as affected by stigmatization and coercive medical
interventions on minors and these include, the right to life, the right to privacy,
including a right to personal autonomy or self-determination regarding medical
treatment, prohibitions against torture and other cruel701, inhuman and degrading

697
Civil Society Coalition on Human Rights and Constitutional Law; Human Rights Awareness and Promotion Forum;
Rainbow Health Foundation; Sexual Minorities Uganda; Support Initiative for Persons with Congenital Disorders
(2014). "Uganda Report of Violations based on Sex Determination, Gender Identity, and Sexual Orientation".
698
Odero, Joseph (December 23, 2015). "Intersex in Kenya: Held captive, beaten, hacked. Dead". 76 CRIMES.
Archived from the original on 2016-04-25. Retrieved 2016-10-01.
699
Ghattas, Dan Christian; Heinrich Böll Foundation (September 2013). "Human Rights Between the Sexes" (PDF).
700
Beyond the Boundary - Knowing and Concerns Intersex (October 2015). "Intersex report from Hong Kong China,
and for the UN Committee Against Torture: The Convention against Torture and Other Cruel Inhuman or Degrading
Treatment or Punishment".
701
"Malta passes law outlawing forced surgical intervention on intersex minors". Star Observer. 2 April 2015.

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treatment, a right to physical integrity and/or bodily autonomy additionally, it’s the
best interests of the child may not be served by surgeries aimed at familial and social
integration702.

HUMAN RIGHTS REPORTS

In recent years, Intersex rights have been the subject of reports by several national
and international institutions. These include the Swiss National Advisory
Commission on Biomedical Ethics (2012)703, the UN special rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment (2013)704, and the
Australian Senate (2013)705. In 2015 the Council of Europe, the United Nations
Office of the United Nations High Commissioner for Human Rights and the World
Health Organization also addressed the issue. In April 2015, Malta became the first
country to outlaw coercive medical interventions706. In the same year, the Council
of Europe became the first institution to state that intersex people have the right not
to undergo sex affirmation interventions707.
For Intersex Awareness Day, October 26, UN experts including the Committee
against Torture, the Committee on the Rights of the Child and the Committee on the
Rights of Persons with Disabilities, along with the Council of Europe Commissioner
for Human Rights, the Inter-American Commission on Human Rights and United
Nations Special Rapporteurs called for an urgent end to human rights violations
against intersex persons, including in medical settings. The experts also called for
the investigation of alleged human rights abuses, the ability to file claims for
compensation, and the implementation of anti-discrimination measures708.
In countries around the world, intersex infants, children and adolescents are
subjected to medically unnecessary surgeries, hormonal treatments and other
procedures in an attempt to forcibly change their appearance to be in line with

702
Swiss National Advisory Commission on Biomedical Ethics NEK-CNE (November 2012). On the management of
Differences of Sex Development. Ethical issues relating to "Intersexuality”. Opinion No. 20/2012 (PDF). 2012. Berne.
703
ibid.
704
"Report of the UN Special Rapporteur on Torture" (PDF). Office of the UN High Commissioner for Human Rights.
February 2013. Archived (PDF) from the original on 2016-08-24.
705
Australian Senate Community Affairs Committee (October 2013). "Involuntary or coerced sterilisation of intersex
people in Australia".
706
"Surgery and Sterilization Scrapped in Malta's Benchmark LGBTI Law". The New York Times. Reuters. 1 April
2015.
707
Council of Europe; Commissioner for Human Rights (April 2015), Human rights and intersex people.
708
Office of the High Commissioner for Human Rights (October 24, 2016), End violence and harmful medical
practices on intersex children and adults, UN and regional experts urge, archived from the original on November 21,
2016, retrieved July 28, 2017.

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societal expectations about female and male bodies. When, as is frequently the case,
these procedures are performed without the full, free and informed consent of the
person concerned, they amount to violations of fundamental human rights... States
must, as a matter of urgency, prohibit medically unnecessary surgery and procedures
on intersex children. They must uphold the autonomy of intersex adults and children
and their rights to health, to physical and mental integrity, to live free from violence
and harmful practices and to be free from torture and ill-treatment. Intersex children
and their parents should be provided with support and counselling, including from
peers.709
In 2017, the human rights non-governmental organizations Amnesty International
and Human Rights Watch published major reports on the rights of children with
intersex conditions.710

INTERSEX AND DISABILITY

Multiple authors and civil society organizations highlight intersectionalities between
intersex people and disability, due to issues of medicalization, and the use of
preimplantation genetic diagnosis711. In an analysis of the use of preimplantation
genetic diagnosis to eliminate intersex traits, Behrmann and Ravitsky stated that:
"Parental choice against intersex may ... conceal biases against same-sex
attractedness and gender nonconformity."
A 2006 clinical reframing of intersex conditions as disorders of sex development
made associations between intersex and disability explicit712, but the rhetorical shift
remains deeply contentious713. Sociological research in Australia, published in 2016,
found that 3% of respondents used the term "disorders of sex development" or
"DSD" to define their sex characteristics, while 21% use the term when accessing
medical services. In contrast, 60% used the term "intersex" in some form to self-
describe their sex characteristics.

709
Office of the High Commissioner for Human Rights (October 24, 2016), End violence and harmful medical
practices on intersex children and adults, UN and regional experts urge, archived from the original on November 21,
2016.
710
Human Rights Watch; interACT (July 2017). I Want to Be Like Nature Made Me. ISBN 978-1-62313-502-7.
Archived from the original on 2017-10-05.
711
Holmes, M. Morgan (June 2008). "Mind the Gaps: Intersex and (Re-productive) Spaces in Disability Studies and
Bioethics". Journal of Bioethical Inquiry. 5 (2–3): 169–181.
712
Koyama, Emi (February 2006). "From "Intersex" to "DSD": Toward a Queer Disability Politics of Gender".
University of Vermont.
713
Davis, Georgiann (11 September 2015). Contesting Intersex: The Dubious Diagnosis. New York University Press.
pp. 87–89. ISBN 978-1479887040.

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In the United States, intersex persons are protected by the Americans with
Disabilities Act714. In 2013, the Australian Senate published a report on the
Involuntary or coerced sterilisation of intersex people in Australia as part of a
broader inquiry into the involuntary or coercive sterilization of people with
disabilities715. In Europe, OII Europe has identified multiple articles of the UN
Convention on the Rights of Persons with Disabilities, including on equality and
non-discrimination, and freedom from torture, and protecting the integrity of the
person. Nevertheless, the organization expressed concern that framings of intersex
as disability can reinforce medicalization and lack of human rights, and do not match
self-identification716.

PEDOPHILIA
According to Asklepios Fachklinikum Göttingen, pedophilia is a category of sexual
deviation characterized by a sexual interest toward children under 13 years
according to DSM-IV-TR or children under 14 years as determined by the law.
Pedophilia is a distinguished form of child sexual abuse as a legal category717.
The National Library for Medicine classifies it as a mental disorder that originates
from the disorder of emotional, cognitive, sexual development as well as some social
factors which have also a significant role in this area, especially virtual social
networks and the media. The combination of miscellaneous factors makes the social
reintegration of patients in treatment very difficult and results in a high risk for
relapse, this is demonstrated by the high frequency of mental disorders among the
victims718.
The word pedophilia comes from the Greek word paîs, paidós meaning child and
philía: friendly love or friendship.

714
Menon, Yamuna (May 2011). "The Intersex Community and the Americans with Disabilities Act". Connecticut
Law Review. 43 (4): 1221–1251.
715
Senate of Australia; Community Affairs References Committee (2013). Involuntary or coerced sterilisation of
intersex people in Australia. Australian Senate. Canberra. ISBN 978-1-74229-917-4.
716
OII Europe (April 2015). Statement of OII Europe on Intersex, Disability and the UN Convention on the Rights of
People with Disabilities (PDF).
717
Farkas M. Pedofília [Pedophilia]. Psychiatr Hung. 2013;28(2):180-8. Hungarian. PMID: 23880515.
718
Ibid.

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CHAPTER FORTY
MEDICAL PERSPECTIVE
There is a distinction made based on the age range of the victim, for instance
Pedophilia as a psychiatric disorder is where an adult or older adolescent of at least
5 years older than the victim, experiences a primary or exclusive sexual attraction to
prepubescent children. On the other hand, Infantophilia is a sub-type of pedophilia
used to refer to a sexual preference for children under the age of 5 especially infants
and toddlers and the other sub-type being the hebephilia sexual interest for children
between 11-14 despite the term being accepted by DSM specialists.719
According to Paul Fedoroff a psychiatrist at the University of Ottawa, pedophilia is
not a sexual orientation and he characterizes it as a form of „sexual interest” or
something that a person happens to want to have sex with. In his opinion, sexual
interest is something we gain through education, experience and observation and, as
such, „can change throughout life” He argues that every person can educate the same
way they educate their eating preferences - however, he does not claim that one can
change the own sexual orientation.
Most clinicians and researchers believe that paraphilic sexual disorder cannot be
treated or altered, but that the therapy (both psychotherapeutic and pharmacological)
can reduce the person’s discomfort with their paraphilia and limit any criminal
behavior, if present. Sociological perspective It is known that a pedophile most often
chooses his careers that put him in direct contact with children, being often a
respectable person, a teacher, a coach, etc.
However, despite his jovial and friendly character he is or becomes aware that his
sexual attitude, once discovered by others, can attract the oppression and anger of
the society and a stigma for the rest of his life. To mask their vice, pedophiles often
marry, to create the appearance of a normal state. In the overwhelming majority of
cases, pedophiles are recruited among men.

719
International Journal of Advanced Studies in Sexology © Sexology Institute of Romania Vol. 1(1), 2019, 10-14.

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Although the onset of pedophilia can be at any age, most pedophiles consulted by
physicians are middle-aged men. Pedophilia, however, in rare and less scandalous
cases, also manifests itself among women.

JURIDICAL PERSPECTIVE
Contrary to public perception, child sex offending and padophilia are not the same.
The Romanian Criminal Code only sanctions act against minors whom the law
considers abusive, but not mere sexual inclinations.
As long as a deviant sexual inclination remains only at the level of ideas, feeling,
emotion, it does not fall under the influence of the criminal law. From a statistical
point of view only half of all cases of child sex abuses are motivated by pedophilic
preference720.
According to a recent newspaper article shows statistical grounds that some Judges
in Romania solved cases of child sexual abuse that considered the acts to be
consensual if the victim did not disclose the fact to a close relative. One decision of
the Appeal Court of Alba county stated:” Based on these testimonies and the fact
that the victim did not tell her parents about the alleged abuse, the court concluded
that the sexual acts were always initiated by the applicant and rejected the theory
that the victim was unable to express the will”

PEDOPHILIA AS SEXUAL CHILD ABUSE.

UGANDAN PERSPECTIVE TOWARDS PEDOPHILIA
The Ugandan perspective towards pedophilia is quite different and more vigorous
compared to other countries, for instance the age bracket of pedophile victims in
other countries is below 14, On the other hand, According to Article 257 of The
Ugandan Constitution establishes that a child is one below 18yrs. This is covered by
The Penal Code Act which sanctions sex with minors as a crime, Section 129 is to
the effect that sexual intercourse with a person below 18yrs amounts to defilement.
It further makes provision for aggravated defilement where the minor is below 14yrs,

Iuliu Hațiegan University of Medicine and Pharmacy, Cluj-Napoca, Romania Sexology Institute of Romania, Cluj-
720

Napoca, Romania Sexual Deviation Considerations regarding pedophilia - Myth and reality

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the offender being HIV+, or person of responsibility over the victim or a serial
offender.

A case in point is;

The above is with effect that sexual interactions with minors in the presence of
penetration amounts to defilement, in the absence of penetration, the argument of
pedophilia can be maintained.
According to a News Article Monitor a 53yr old male Turkish teacher named Emin
Baro believed to be a repeat pedophile proudly and publicly displayed his pictures
of some of the girls alleged to be his victims721.
“I use all the strategies to get away from one woman to another, quickly tired,
traveling from one country to another, often disappointed, shaping my way of life so
that it never freezes in a strong interior. I have succeeded so well that I do not know
who I am,” he wrote.
His other musings range from: “l hope the inspector doesn’t come around while l
have my life in such a mess” to “Love ceases to be a pleasure when it ceases to be a
secret.”

UNDER THE RADAR

Police say Mr Baro has kept his secret for years, and suspect more than 50 young
girls paid the price. Moving between Masaka – where he met his current 19-year-
old wife – Kampala and Jinja districts, they say he would pay between Shs2,000 and
Shs5,000 to have sex with girls as young as 10 years old. He’s been doing it in
Uganda alone for at least six years – exploiting various tourist visas, passports, and
lax border controls.
Members of his most recent neighbourhood of Bugumba, Iganga were shocked at
revelations about Mr Baro. Vincent Nsubuga, the area chairman lived across from
him for three months, and described Mr Baro as reserved, quiet and one who kept to
himself.

721
Hosting a pedophile: Uganda’s dirty secret Friday, March 30, 2012 — updated on January 05, 2021

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Throughout the day, he says he either sat at a spot outside his house or slept. “Apart
from very rare times that he went to town after jogging early morning every day with
his wife he came back,” Mr Nsubuga said.
Tourist visas can be extended from their normal maximum of three months to up to
one year. Eunice Kisembo, spokesperson for the immigration directorate, says they
should not be valid for any longer than that, but acknowledged that oversights can
happen. Ms Kisembo says the immigration office was by press time carrying out
investigations to verify the status of Mr Baro’s immigration.

LACK OF EVIDENCE
Police say they didn’t have enough evidence before they were forced to arrest Mr
Baro, on a tip off that he would be leaving his home in Iganga soon. “If I had that
evidence we would have charged him with defilement,” said Special Investigations
Unit (SIU) commandant Beata Chelimo.
Police had originally seen the pornographic images on Mr Baro’s Facebook page –
it was how they caught onto his activities, according to Ms Chelimo. But they didn’t
have the testimonies to back it up.
So, the Grade One Magistrate court in Nakawa didn’t need to look at the evidence –
video footage of Mr Baro having sex with children. Instead, the magistrate thanked
him for his guilty plea having saved the court’s time, and sentenced him to two years
in prison or a Shs6m fine. Though child pornography under section 23 of the
Computer Misuse Act 2011 could have landed him in jail for up to 15 years, Mr Baro
spent the night and paid the fine the next day.
Police originally said they would arrest Mr Baro on Thursday, but due to delayed
paperwork from Luzira prison where he was held after his sentencing, they have now
said they will rearrest him today and bring him to Masaka to gather evidence from
suspected victims there. With strong testimonies from victims and witnesses, they
say they are confident they can begin building a defilement case against him.
Mr Baro is not a first-time offender. Interpol director Asan Kasingye says according
to court documents, he was charged with the defilement of a 15-year-old girl in 2009
in Malindi, and is suspected to have done the same in Tanzania as well.
Mr Kasingye says Uganda should have known he was here – regional authorities are
supposed to let each other know when a charged sex offender is crossing borders.
But he said he suspects that Mr Baro jumped bail and made it past the region’s

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notoriously lax border security – a theory he’s still waiting for confirmation on from
Kenya.
Local NGO African Network for the Prevention and Protection against Child Abuse
and Neglect (ANPPCAN) said on Wednesday that weak prosecution could
ultimately turn Uganda into a child sex tourism destination. In fact, they say Jinja is
a known hot spot for such activities already. In 2007, the penal code was amended
to punish aggravated defilement (the defilement of a child below 14 years old) with
a death sentence or life imprisonment.
Kampala, Uganda -- When Patricia was picked up by police at the age of 11, she felt
relieved.
Sold by an uncle to her teacher, she was raped and abandoned in Kalangala, a district
of islands on Lake Victoria, in Uganda.
Patricia thought her luck had changed when police officers from a local station told
her there was a man nearby who helped survivors of sexual abuse like her.
"A big, fat, old muzungu [foreigner or white person] came for me. They said he is
taking care of girls in your situation," Patricia, who is identified using a pseudonym,
told CNN.
"They said Bery is a good person and he will take you. I was a bit afraid, but I said
OK since there are other girls there too."
Bernhard "Bery" Glaser, a German national who describes himself as a "retired
health professional," founded Bery's Place, a children's home in Kalangala, with his
wife in 2006. According to his website, Glaser has provided a home for dozens of
girls, some of whom have survived "physical, sexual, emotional or psychological
abuse and violence," or been "trafficked, abandoned -- or rejected -- by their legal
guardians."
"For my kids, I'm the mommy, I'm the daddy, I'm everything," Glaser says in a
promotional video.
An undated photo of Bernhard & quot; Bery" Glaser.
An undated photo of Bernhard "Bery" Glaser.
But five women in their late teens and early twenties interviewed by CNN, including
Patricia, allege that Glaser sexually and emotionally abused them at Bery's Place.
Survivors names have been changed to protect their identities.

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The young women say that Glaser subjected them to repeated "vaginal
examinations" involving sexual touching and forced them to sleep in his bed, where
he allegedly sexually assaulted them. When the girls objected, they say Glaser would
threaten to cast them out on the streets. Survivors say this kept many of the girls --
some of whom had previously been abused, or suffered other traumatic experiences
-- from speaking out.
Bery's Place is one of hundreds of homes for vulnerable children purported to be
operating illegally in Uganda -- children's homes must be registered with the
Ministry of Gender, Labour and Social Development under Ugandan law. In 2018,
the Ugandan government announced plans to close over 500 unregistered homes in
the country. A lack of government oversight combined with an open-door policy for
foreign investors and volunteers has left girls like Patricia vulnerable to abuse.
After more than a decade running Bery's Place, Glaser was detained last February,
when he turned himself in, then formally charged and arrested in April with 19
counts of human trafficking, seven counts of aggravated defilement, one count of
indecent assault and one count of operating an unauthorized children's home.
Thirteen girls were found at Bery's Place when police raided the home in February,
while others were reportedly at school, according to lawyers supporting the
prosecution.
Almost a year on, Glaser's trial has been postponed at least eight times because of
requests made by his legal team, including claims he is unfit to stand trial due to an
ongoing cancer battle.
Glaser is currently at the Uganda Cancer Institute, awaiting a hearing on his bail
application.
In a statement sent by WhatsApp to CNN, a lawyer representing Glaser denied that
he had committed the alleged crimes, and emphasized the seriousness of his
deteriorating health.
"Mr. Glaser maintains that he has never defiled or trafficked any one and shall prove
his innocence in the Court of law in Uganda and has more than enough evidence and
witnesses to disprove all the false allegations against him," his lawyer, Kaganzi
Lester, said.
'Medical exams' and 'sleeping timetables'

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Young women and girls who stayed at Bery's Place told CNN that they went through
a so-called "medical examination" upon arrival and frequent "vaginal exams" during
their time living there.
Girls as young as five were told to strip naked so that Glaser could examine them
and insert candida medicine -- used to treat yeast infections -- into their vaginas,
survivors allege, adding that the "exams" often took place in a shower.
Some survivors say Glaser introduced himself as a doctor, but lawyers supporting
the prosecution told CNN that he is a physiotherapist -- not a qualified physician.
"I said to him after a few times I can do it myself," said Patricia, now a 20-year-old
university student, adding that he continued to insert medicine and a douche into her
vagina after her complaints.
"He said I had a small STI, but I don't believe I had any infection," she said,
explaining that the police had given Glaser the results of her STI tests when she was
placed in his care.
In a 2017 email CNN has seen that sought to explain the controversy to supporters
of Bery's Place, Glaser said that the testing was in line with "professional standards."
"The only time I touch(ed) my girls in an intimate way, is when I apply medicine,
and this in an appropriate way to professional standards, with their personal
approval, part of the sexual health services we provide often in cooperation with
professional third parties, doctors, nurses, midwives," he wrote.
The first time I slept in his room he started massaging me in the middle of the
night, touching my breasts, kissing my lips.
But some survivors say these "medical examinations" were just a precursor to more
abusive patterns of behavior.
"One time I walked into Bery's room and found some younger children massaging
him while he was half naked," remembers Sharon, now 17, who was 12 when she
was taken to Bery's Place. She says that Glaser asked her to join in, claiming that he
needed to be massaged because of his cancer and diabetes.
Sharon, and several other survivors, said that Glaser asked them to create a "sleeping
timetable" for the girls to spend the night in his bed on a rotating schedule. "He told
us not to put that timetable in the living room, because visitors might come and start
asking what it's for," Sharon said.

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"The first time I slept in his room he started massaging me in the middle of the night,
touching my breasts, kissing my lips," Sharon said. Other girls interviewed by CNN
described Glaser penetrating them with his fingers and forcing them to perform oral
sex on him, saying it was "normal in his culture."
The age of consent is 18 in Uganda and, according to the country's Children Act
Amendment of 2016, "every child has a right to be protected against all forms of
violence including sexual abuse."
Sharon said that when she threatened to report Glaser, he told her she could "go back
to the bush where you came from." After that, she was fearful to speak out. With
nowhere else to turn, she says she stayed at Bery's Place for five years, sleeping in
Glaser's room once a week.
Survivors who spoke with CNN said the threat of instability -- being left homeless,
without money for food or school fees -- was what kept them quiet for so long and
even resulted in some of them defending Glaser when he was first arrested in 2013.

A SYSTEM THAT PERPETUATES ABUSE

To cover up the alleged abuse, Glaser bribed local officials and used his network of
allies in Kalangala to threaten those who spoke out against him, according to
survivors and a police officer formerly based in the district, who spoke with CNN.
Glaser's lawyer said he denied the bribery allegations.
Child advocates and social workers say that it's not difficult for men like Glaser to
abuse Ugandan girls with impunity, given the power dynamics that perpetuate the
country's unregulated and lucrative orphanage industry.
"When you see a white person here you think they're coming with the biggest
opportunities, so people like Bery Glaser are able to use their privilege to oppress
and exploit our people," says Olivia Alaso, co-founder of No White Saviors, which
has helped provide safe accommodation and psychosocial support for girls who lived
at Bery's Place.
"The government should be doing thorough and proper checks on their backgrounds
at home [before granting visas], and also the work these people are doing in our
communities."

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Alaso added that the red flags in this case were glaring: "How can a man live in a
shelter with all these girls at a minor age and no one does a thing?"
While regulation of the orphanage industry by Uganda's government has improved
over the past five years, only certain parts of the country have seen a change.
When you see a white person here you think they're coming with the biggest
opportunities, so people like Bery Glaser are able to use their privilege to oppress
and exploit our people Olivia Alaso, No White Saviors co-founder
Caroline Bankusha, a child protection expert and former probation officer, says that
part of the issue is a lack of alternative care options in Uganda. "In Bery's case, was
it really necessary for the parents to hand over their girls to the care of a stranger? If
they had to be separated from their parents, was Bery's orphanage the most suitable
for the care of the girls, or were there other options?"
Lawyers supporting the prosecution told CNN that they understood Glaser used
"legal guardianship orders" to gain custody of some of the girls -- a now banned
loophole which, until 2016, was often used by foreign nationals to adopt Ugandan
children quickly and easily, without fostering them in-country for the then three
years required by law.
Glaser's lawyer would not comment on the use of legal guardianship orders, saying
it was "one of the issues to be resolved in court."
Another obstacle is a culture where sexual abuse often goes unreported -- by
survivors and others -- despite policies and structures in place, Bankusha says.
According to the Uganda Violence Against Children Survey 2018, one in three girls
ages 18 to 24 reported experiencing sexual violence during childhood, including
11% of girls experiencing pressured or forced sex.
Andy Wilkes, a British builder who spent a month volunteering at Bery's Place in
2017, told CNN that he had suspected abuse was taking place after seeing young
girls sleeping in Glaser's bed, but was not sure who to report it to. Wilkes says a
young woman later confirmed his suspicions, alleging to Wilkes that Glaser had
abused her using "toys, vibrators, fingers, masturbation, blow jobs," since she was
12.
Wilkes contacted a local Ugandan social worker with connections to Bery's Place,
Asia Namusoke Mbajja, who went on to report Glaser to the child protection unit of
Kampala Police in 2018.

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Since Glaser's arrest last year, Mbajja has received a barrage of intimidating calls,
texts and messages on social media so virulent that she opened a case of offensive
communication and threatening violence with police.
According to a preliminary police report, seen by CNN, one of the five phone
numbers used to threaten to "injure or harm" Mbajja is registered in the name of
Glaser's wife, Ingrid Dilen. Dilen was arrested for questioning by police last
February during a police raid at Bery's Place, and later released. She is now in
Belgium.

CNN HAS REACHED OUT TO DILEN FOR COMMENT.

Survivors who have spoken out against Glaser, and their relatives, say they have also
been subjected to intimidation, as well as a smear campaign, coordinated on a
Facebook page titled Justice for Bery.
Patricia said that her mother received what she says was a threatening call from one
of Glaser's friends, demanding that she stop her daughter from standing as a witness.
According to Patricia, he warned her mother that she, and the rest of her family,
could die "as a result of [her] stupidity."
Waiting for justice
It is not the first time that girls in Glaser's care have been dragged through this ordeal.
A spokesperson for Uganda Police, Charles Mansio Twiine, told CNN that in 2013
the police received reports that Glaser was running an illegal children's home in
Kalangala and allegedly abusing the children, the majority of which were between
8- and 11-years-old at the time. Twiine said the girls were interviewed and found to
have contraceptive implants: "Can you imagine from the age of 8, 9, 10, to be having
an implant?"
Twiine said Glaser told police at the time he had given the girls implants to prevent
them from getting pregnant by local boys. The Director of Public Prosecutions
continued to gather evidence and ultimately launched a case against Glaser, but
when the time came for the girls and their parents to testify, they did not appear in
court.

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"It devastated us," Twiine said, adding that the judge had to dismiss the case as a
result. "We were worried and disappointed but at the time there wasn't anything we
could do."
While Glaser was detained, police took Patricia back to the same uncle who had
trafficked her when she was 11 years old. With nowhere else to go, she returned to
Bery's Place after Glaser's release, where she said "things got even worse." When
she warned Glaser, he would get arrested again, she says he replied: "Who has the
proof?"
Still, she is determined to testify in court, saying that she hopes to get justice for
herself and the other girls who say they suffered for years at Bery's Place.
Each time Glaser's court date has been rescheduled, Patricia, Sharon and other
witnesses have traveled to Masaka High Court, missing school and preparing to give
painful testimonies, only to be told proceedings would not happen that day.
Glaser's legal team have used a range of tactics to try to ensure his release, including
applying for a plea bargain deal, which would have seen Glaser deported back to
Belgium, lawyers supporting the prosecution and a police source told CNN.
The sources allege that Glaser's defense have also sought to prevent, or delay, his
hearing by demanding proceedings be conducted in Flemish, despite Glaser's
demonstrated English proficiency, and suggesting that he was unfit to stand trial due
to a battle with cancer. The head of the Uganda Cancer Institute, who previously
declared that Glaser's condition was manageable in Uganda, recently signed a letter
recommending he urgently travel abroad for treatment.
Glaser's lawyer told CNN that the "lies being peddled about the plea bargain are a
crude attempt at circumventing the burden to prove Mr. Glaser's guilt in court," and
denied that demands for a Flemish translator were attempts to delay the proceedings.
If granted bail, CNN understands that Glaser will travel to Belgium for treatment,
but lawyers supporting the prosecution say it is unclear whether he would return to
stand trial. In an email sent in error to CNN, German Ambassador to Uganda
Albrecht Conze said he had been personally involved in trying to accelerate court
proceedings over the past nine months, with the implied aim of ensuring Glaser's
travel to Belgium.

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In a subsequent statement to CNN, Conze said the German Embassy had "never
taken a stance on the substance of the case" and that "whether or not he [Glaser] is
guilty of the charges he is accused of is for the Ugandan judiciary to determine."
Glaser previously traveled to Belgium for cancer treatment while on bail in
connection with the 2013 case, according to the Germany Embassy and his legal
team, who say this demonstrates his willingness to return to Uganda to face the court.
"Glaser has always been and still is very determined to and shall prove his innocence
in the court of law in Uganda," his lawyer, Kaganzi Lester, said in a statement to
CNN.
Equality Now, an NGO fighting to protect the human rights of women and girls
globally, told CNN that it was following the developments in Glaser's case closely,
along with its NGO partners in Uganda, including Joy for Children, Raising
Teenagers Uganda, and PINA Uganda, "to ensure that there is accountability for the
crimes committed and that the victims are able to access justice."
"There is a developing trend regarding the sexual exploitation of children in Africa
where pedophiles, especially from Western countries, take advantage of under-
resourced child protection systems, and weaknesses in law enforcement and judicial
systems. The Glaser case is just one example of this deeply concerning
phenomenon," Anita Nyanjong, a lawyer and programme officer in Equality Now's
End Sex Trafficking team, said722.
"The Ugandan government now has a significant opportunity to send a message to
would-be perpetrators of child sexual exploitation and child trafficking that they
cannot exploit with impunity and will be held fully accountable for their crimes."
In the meantime, Patricia and other girls wait to hear what will become of Glaser.
But for now, at least, they say they're beginning to enjoy their lives outside of Bery's
Place.
"The first time I spoke about it was when I was called to the police station in 2019.
After I made the statement I went to the washroom, cried and dried my eyes,"
remembers Patricia.
"I felt like something heavy had been put off my head."
"I felt free."

722
They were sent to a shelter for safety. Instead, these women say they were sexually abused By Alice McCool, for
CNN.

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CHAPTER FORTY-ONE
OBJECTOPHILIA
Objectum-sexuality (OS) is a sexual orientation which has received little attention
in the academic literature. Individuals who identify as OS experience emotional,
romantic and/or sexual feelings towards inanimate objects.
OS is also known as objectophilia, OS individuals describe experiencing emotional,
romantic and/or sexual feelings towards inanimate objects or structures. For
instance, Eija-Riitta Berliner-Mauer has described her romantic attraction towards
the Berlin Wall1 and others have written similarly about their feelings towards a
range of objects (e.g., a bridge, a fence, a statue, an electronic soundboard723
Object sexuality or objectophilia is a group of paraphilias characterized by sexual or
romantic attraction focused on particular inanimate objects. Individuals with this
attraction may have strong feelings of love and commitment to certain items or
structures of their fixation. For some, sexual or close emotional relationships with
humans are incomprehensible. Some object-sexual individuals also often believe in
animism, and sense reciprocation based on the belief that objects have souls,
intelligence, and feelings, and are able to communicate. Questions of its legality or
ethical provenance have not arisen, given that inanimate objects are inert and are not
'harmed' through this specific paraphilia. Public sexual consummation of object
sexual desires may be dealt with through public nudity or anti-exhibitionism
legislation.
The first known case of Objectophilia was in 1979 where Eija-Riitta who had seen
the Berlin Wall on television at the age of seven and, struck by its long, parallel lines,
fell in love. She tied the knot on their sixth visit together, marrying the Berlin Wall
and taking it as her last name—Berliner-Mauer. She regarded the tearing down of
the wall as a catastrophe and slept with a 1:20 scale model until her death in 2015724.

723
Eiffel, E. Objectum-sexuality Internationale. (2015). Available at: http://www.objectum-sexuality.org/, (Accessed:
25th May 2018).
724
Objectophilia: On the People Who Fall in Love with Inanimate Things “People love objects because they reflect
what we value in ourselves.” By Genki Ferguson

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In 2018, Akihiko Kondo spent two million yen to marry an animated pop-idol
Hatsune Miku. Miku, a “vocaloid,” which was developed in 2007 by Crypton Future
Media. She serves as a mascot for a voicebank software, in which users can compose
their own songs for the virtual character to sing and dance to. Miku stands 158 cm
tall, sports teal pigtails, and has a suggested vocal range of A3–E5, B2–B3. She has
appeared as a hologram at concerts, and as a doll at Kondo’s wedding.725
According to Genki Ferguson, these individuals are classified as objectophiliacs;
those who hold sexual or romantic attraction towards inanimate object. He expands
on objectophilia a little bit, on that idea of love as well. Perhaps even argue that,
ridiculous though they may seem, these cases are just the natural conclusion to the
relationships the rest of us already hold.
In 2009 Amy Marsh, a clinical sexologist, surveyed the twenty-one English-
speaking members of Erika Eiffel's 40-strong OS Internationale about their
experiences. About half reported autism spectrum disorders: six had been diagnosed,
four were affected but not diagnosed, and three of the remaining nine reported
having "some traits." According to Marsh, "The emotions and experiences reported
by OS people correspond to general definitions of sexual orientation," such as that
in an APA article "on sexual orientation and homosexuality ... [which] refers to
sexual orientation as involving 'feelings and self-concept.'

REASONS WHY PEOPLE ENGAGE IN

OBJECTOPHILLA
In his research, Genki Ferguson asked Dasha Yildirim, a Vancouver-based
ceramicist, how she felt about object-worship and love, Yildirim creates what are
called Ball-Jointed Dolls—highly tuned porcelain figures with complex articulated
joints, custom sewn outfits.
Yildirim maintains, however, that Ball-Jointed Dolls shouldn’t be viewed as too
different from toys, and for that matter fine art. True, their patrons are usually
wealthier, but unlike a Rothko or a Mondrian, they are meant to be handled, doted
over.

725
ibid.

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She states that “People love dolls for two reasons ie; “On one level it’s an aesthetic
love—they love these dolls because they’re beautiful, poseable, and customizable.”
In essence, a value-based love.
“On the other hand, people love dolls because they feel real,” she said. “You feel
less lonely for owning them. The dolls feel sad when you’re sad, happy when you’re
happy. This combines with the aesthetic level, though. People can project a perfect
version of themselves onto the doll, and have their own emotions reflected back to
them.”
When asked about how she felt, Yildirim took out one of her own dolls—an early
model that she’s never sold. A short, cherub-like figure with red hair named Maple
and said “Of course. Maple holds a part of my soul.”
She argues that People love objects because they reflect what we value in ourselves.
Yildirim isn’t the first to come to this conclusion, however. While some of her clients
may be collectors, for others, ball-jointed dolls are a return to childhood.
There’s a fair bit of scholarship on the concept of comfort objects, the toys children
latch onto and the adults who never threw them away. A popular working theory,
introduced by paediatrician Donald Woods Winnicott, is that of the transitional
object.
Is it so surprising, then, that these cases of objectophilia seem to have become
increasingly prevalent in the modern age? This argument highlights that childhood
comfort objects to an end lays a basis for future objectophilia.
There is a terrible shock that awaits young children as they grow out of infancy.
Namely, that they and their mother are separate people. In the early stages of
development, the child sees their mother as an extension of themselves—when the
child wishes something, the mother provides, creating what Winnicott calls a
subjective omnipotence. With time, however, the realization that the child is actually
separate, and therefore dependant, on the mother creates shock, stress, and
frustration.
Winnicott maintains that it is here that the child creates a dependence on the
transitional object—often a toy or a blanket. The transitional object is the first
separate item that truly belongs to the child. Something to project this new, scared
sense of self onto.

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Is it so surprising, then, that these cases of objectophilia seem to have become

increasingly prevalent in the modern age? A time when our true distances from each
other, our inability to ever truly understand, have become all the more apparent?
Based on this, Ferguson expanded on the idea of love. That although, Erika Eiffel
spoke freely about having sex with the Eiffel Tower, in truth, romantic and sexual
relationships made up only a fraction of the connections held.
The working definition of objectophilia, mentioned above, mentions only sexual or
romantic love, if this is a false distinction, one all too prevalent in western culture.
A rather limiting expression, one which bars any possibility of platonic, aesthetic,
familial, or religious love. Yes, religious.
According to Shintoism, one of the oldest sustained animist religions still practiced
today. With deep roots throughout Japan, it predates even the arrival of Buddhism
on those shores. It is a religion that maintains that all things, living or otherwise,
contain kami, something halfway between a spirit and a god. Trees, mountains,
boulders—kami are traditionally viewed as existing within nature, but by some
definitions include manmade objects, including cars, cellphones, or the Berlin Wall.
If this is sounding familiar, perhaps Marie Kondo’s philosophies are coming to mind.
Ferguson notes how Japan’s obsession with mascots perhaps mirrors their own
polytheistic, animist backings. The same nation which now produces hologram
Hatsune Mikus has a deep-rooted belief in the spirit of the inanimate. It’s also why,
to mirror Anna’s own journey with the satellite, Satellite Love also follows the
overlapping tale of Soki Tachibana, a young Shinto boy who finds himself doubting
his belief in the kami in a crisis of faith. As one character gets drawn into a modern
definition of object-worship, so too does another find himself pulling away.
“Unlike with people, we can’t put expectations on inanimate things,” says Yildirim.
“Unlike people, they can’t disappoint.” We don’t love objects despite them not being
human. We love them precisely because they aren’t human.
In his view, Ferguson wonders if object sexuality is a balm for lonely times. He
continues by questioning that where connection with one another feels so difficult,
could we instead look around, deeper into the materials that surround us? Perhaps
emerge with a newfound appreciation for the little things that make up a life: the
small values, desires, and personalities our objects reflect. Some might call this a
regression; He argues that instead, it is a process that allows us to come to a

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complete, deliberate understanding of the self. And perhaps, by turning that

appreciation outwards, of each other too.

OBJECT SEXUALITY AWARENESS AND ADVOCACY

In 2009, Erika Eiffel appeared on Good Morning America and The Tyra Banks Show
with Amy Marsh to discuss her "marriage" to the Eiffel Tower and how her object
love helped her become a world champion archer. Marsh shared the results of her
survey and her belief that OS could be a genuine sexual orientation, and reasoned
that if childhood trauma were a factor, that there would be more OS individuals.
Eiffel, who had adopted her surname after a 2007 "marriage" to the Eiffel Tower,
[3] founded OS Internationale, an educational website and international online
community for those identifying or researching the condition to love objects.

LITERATURE
Marsh sees OS-like behavior in classic literature. In Victor Hugo's The Hunchback
of Notre Dame:
Quasimodo loved [the bells], caressed them, talked to them, understood them. From
the carillon in the steeple of the transept to the great bell over the doorway, they all
shared his love. Claude Frollo had made him the bell ringer of Notre-Dame, and to
give the great bell in marriage to Quasimodo was to give Juliet to Romeo.

IN POPULAR CULTURE
This section appears to contain trivial, minor, or unrelated references to popular
culture. Please reorganize this content to explain the subject's impact on popular
culture, providing citations to reliable, secondary sources, rather than simply listing
appearances. Unsourced material may be challenged and removed. (May 2019)

REAL LIFE
In 1979 a Swedish woman married the Berlin Wall.
In 2007 Erika Eiffel married the Eiffel Tower
In 2010 Woman's Day magazine listed ten romances between people and things,
including the Berlin Wall, a fairground ride, a body pillow, a Nintendo video game
character, a Volkswagen Beetle, the World Trade Center, a steam locomotive, an
iBook and a metal processing system. [7]
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A March 2012 segment of TLC's My Strange Addiction featured Nathaniel, a man

emotionally and sexually attracted to his car. Nathaniel told Anderson Cooper that
he was also attracted to jet skis and airplanes.
In 2013 an Australian woman, Jodi Rose, married the Le Pont du Diable Bridge
in France.
In 2016 an American man was refused permission to marry his computer.
In 2020, a Russian woman, Rain Gordon, married a briefcase.

Music
Big Boi's 2012 solo album, Vicious Lies and Dangerous Rumors, includes a song
called "Objectum Sexuality."
Keys N Krates's video for the song "Save Me," featuring Katy B, focuses on this
particular sexuality.

CINEMA
Jumbo (2020) tells the story of a cleaner (played by Noémie Merlant) at an
amusement park who falls in love with a fairground ride. Zoé Wittock, the director,
took her inspiration from the experience of Erika Eiffel (above).
Titane tells the story of a female serial killer (played by Agathe Rousselle) who
somehow becomes pregnant after rubbing herself into a car.

TELEVISION
Australian Netflix seri es Lunatics (2019) features a character named Keith Dick
(played by Chris Lilley), a fashion designer who falls for “Karen”, a Sharp XE-A203
cash register, as well as an old-fashioned vacuum cleaner.
In the series SpongeBob SquarePants, Plankton is in love with Karen, a computer.

TERMS IN OBJECT SEXUALITY

Agalmatophilia, sexual attraction towards dolls, statues, mannequins or other objects
which mimic the appearance of humans
Animism, the belief that all things, both animate and inanimate, possess a spiritual
essence

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Doll fetish
List of paraphilias

CLASH OF LGBTQ WITH DIFFERENT CULTURES

The concept of homosexuality has clashed with different cultures that have resisted
and advocated against it which has resulted into a culture war/ cultural
conflict between social groups and the struggle for dominance of their value beliefs,
and practices and societal values.
Contemporary wedge issues in the United States include abortion, homosexuality,
transgender rights, pornography, multiculturalism racism and other cultural conflicts
based on values, morality, and lifestyle which are described as the major cause of
cultural wars. The term culture war is a loan translation (calque) of the
German Kulturkampf ('culture struggle'). In German, Kulturkampf, a term coined
by Rudolf Virchow, refers to the clash between cultural and religious groups in the
campaign from 1871 to 1878 under Chancellor Otto von Bismarck of the German
Empire against the influence of the Catholic Church.
In American usage, "culture war" may imply a conflict between those values
considered traditionalist or conservative and those considered progressive or liberal.
This usage originated in the 1920s when urban and rural American values came into
closer conflict.[7] This followed several decades of immigration to the States by
people who earlier European immigrants considered 'alien'. It was also a result of
the cultural shifts and modernizing trends of the Roaring '20s.

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CHAPTER FORTY-TWO
HOMOSEXUALITY V POLYGAMY.
According to the Merriam-Webster’s Dictionary, Polygamy is marriage in which a
spouse of either sex may have more than one mate at the same time. On the other
hand, Homosexuality is the romantic attraction to others of one's same sex: the
quality or state of being gay.
The relationship between Homosexuality and Polygamy is an intricate and complex
as one is legally accepted and the other denied, which acceptance/ denial varies
based where the question of legality araises: The Western perception and The
Ugandan perception vary as discussed below.

WESTERN PERCEPTION OF HOMOSEXUALIY &

POLYGAMY.
After the landmark case of Lawrence v. Texas726 decision striking down anti-
sodomy laws, two Utah polygamists filed suit in state court, asking that their
relationships with multiple wives be validated by the government. They argued that
laws against polygamy are unconstitutional727.
“Everyone should be free unless there’s a compelling state interest that you shouldn’t
be,” John Bucher, one of the lawyers, told The Salt Lake Tribune. “The state is not
able to show that there’s such an evil to polygamy that it should be prohibited.”
As the nation continued to debate same-sex “marriage,” some begun examining the
logical extension of its legalization. If the legal benefits of marriage are awarded to
homosexual men, then why aren’t they also given to, say, three polygamists?
Maggie Gallagher an outspoken supporter of a federal marriage revealed in an
interview with Baptist Press that “There isn’t a single argument in favor of same-sex
726
Lawrence v Texas, 539 U.S. (2003)
727
NASHVILLE, Tenn. (BP.

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marriage that isn’t also an argument in favor of polygamy –- people have a right to
marry who they love; these relationships already exist … we have no right to deny
the children of their protection'
Jennifer Marshall, director of domestic policy studies at The Heritage Foundation,
said she sees no “logical stopping point” if same-sex “marriage” is legalized.
“This is the dissolution of the parameters around marriage,” she said. “You’d be
hard-pressed to say, ‘Why not any other kind of arrangement?’”
Conservatives and traditionalists say the debate over same-sex “marriage” is the
result of marriage being separated from its religious roots and from procreation. If
marriage is not tied to childbearing, traditionalists warn it literally could mean
anything.
In its landmark ruling on same-sex “marriage” last year, the Massachusetts high
court ruled that marriage’s purpose is not procreation, but instead the commitment
of two people to one another for life.
That argument troubles Gallagher, who asserts that government benefits are awarded
to married couples because they, in turn, benefit society by raising the next
generation of adults.
“If marriage is only about private love, why is the government involved?” she asked,
rhetorically. “Why does the government care? Why is the [government] involved if
you have this view of marriage that’s just kind of a private, emotional lover’s vow?
But for some reason, you record it in law and it changes your tax status.”
The issue of polygamy has been one that has frequently stumped supporters of same-
sex “marriage.” During a January debate, University of Louisville law professor Sam
Marcosson, a supporter of homosexual “marriage,” called the polygamy argument a
“red herring.” Candice Gingrich, a homosexual activist, made the same assertion
during an appearance on Sean Hannity’s radio program.
Last November on ABC’s “This Week,” conservative columnist George Will asked
two homosexual men — Rep. Barney Frank and columnist Andrew Sullivan — to
give him a “principle” as to why polygamy should be banned in light of the Lawrence
and Massachusetts decisions.
“Some distinctions are hard to draw,” Frank answered. “But the difference between
two people and three people is almost always clear. It is responsible for a society to
say, ‘Look, you can do what you want personally. If three people want to have sex
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together, that’s not against the law. But when it comes to being married and
institutionalizing these legal relationships with regards to the ownership of property
and children, then we believe a three-way operation is likely to cause difficulty,
friction with the children.’”
Sullivan responded: “I don’t want the right to marry anyone. I just want the right to
marry someone.”
Sociologist Glenn Stanton of Focus on the Family said one reason same-sex
“marriage” has made advances is because marriage itself is viewed as a means of
receiving legal benefits.
“If we have to honor the relationship that two guys have, then we have to honor the
relationship that a guy and his three wives have,” Stanton said. “We have to honor
the relationship that two heterosexual single moms have. If we are going to offer
health benefits and government benefits to other configurations, why keep anybody
from joining together and saying, ‘Our relationship is significant, too,’ regardless of
what that relationship is?”
Gallagher said there is “no logical reason” for not awarding benefits to polygamists
if they are given to same-sex couples.
The irony of the current debate is that polygamy is rooted far deeper in human history
— and is accepted in far more cultures today — than is same-sex “marriage.”
Polygamy once dominated the Mormon church, and Utah was not given statehood
until it outlawed the practice. The church officially disavows it now, although
estimates say that up to 100,000 people in the West still practice it. Worldwide,
polygamy is legal in some countries and is common among Muslims. Islam’s
founder, Muhammad, had multiple wives.
The United Nations allows employees to divide their benefits among multiple wives,
as long as they come from a country where polygamy is practiced, The Washington
Post reported.
Seeing the logical extension from same-sex “marriage,” some in America have
begun to argue for the legalization of polygamy, too. Anthropologist Robert Myers
wrote in a USA Today editorial March 14 that the United States has a “narrow view”
of marriage.
“[W]e will allow marriage to any number of partners, as long as it is to only one at
a time,” he wrote.

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Gallagher said she believes that polygamy is less of a departure from traditional
marriage than is same-sex “marriage.” After all, she said, it involves procreation.
Of course, Gallagher and other traditionalists aren’t arguing for polygamy’s
legalization. They’re showing the logical inconsistency of same-sex “marriage.”
“The argument in the 19th century that Congress made is that polygamy is associated
with despotic forms of government, because basically the most powerful men start
hogging all the women,” Gallagher said. “There is something to be said for that. I
think it’s also associated with less investment by fathers in their children. Some
children get subordinated in polygamous marriage systems. The attention of the
father and the family tends to focus on the t heir.”
Other arguments against polygamy include an increase in child and spousal abuse,
welfare fraud and forced marriages.
From the Christian perspective, Scripture has an answer for both polygamy and
homosexual “marriage” According to the gospel of Matthew728,Christ points to Old
Testament law as limiting marriage to one man, one woman. When questioned about
a man divorcing his wife, Jesus replied “Haven’t you read,” he replied, “that at the
beginning the Creator ‘made them male and female,’ and said, ‘For this reason a man
will leave his father and mother and be united to his wife, and the two will become
one flesh’729
This was the same position by Lord Penzance in the case of Hyde v Hyde730 where
the common law position of marriage was established His Lordship pronounced:
“I conceive that marriage as understood in Christendom, may for this purpose be
defined as the voluntary union for life of one man and woman, to the exclusion of
others”
This definition influenced a lot of cases such as Wilkinson v Kitzinger731 where two
same sex British university professors, legally married in British Columbia, Canada
but their marriage not recognised under British law on return. Under the subsequent
Civil Partnership Act, it was converted into a civil partnership. The couple sued for
recognition of their marriage, arguing that it was legal in the country in which it was
executed and met the requirements for recognition of overseas marriages and should

728
The book of Matthew 19:4.
729
Ibid.
730
Courts of Probate and Divorce, Hyde v Hyde Woodmansee [L.R] 1 P. & D.130.
731
[2006] EWHC 2002 (Fam0.

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thus be treated in the same way as one between opposite-sex couples. They rejected
the conversion of their marriage into a civil partnership believing it to be both
practically and symbolically a lesser substitute. They were represented by civil rights
group Liberty. The group's legal director James Welch argued that it was a matter of
fairness and equality for the couple's marriage to be recognised and that they
"shouldn't have to settle for the second-best option of a civil partnership".
The High Court announced its judgement on 31 July 2006, ruling that their union
would not be granted marriage status and would continue to be recognised in
England and Wales as a civil partnership. The president of the Family Division, Sir
Mark Potter, gave as his reason that "abiding single sex relationships are in no way
inferior, nor does English Law suggest that they are by according them recognition
under the name of civil partnership", and that marriage was an "age-old institution"
which, he suggested, was by "longstanding definition and acceptance" a relationship
between a man and a woman. He agreed with the couple's claim that they were being
discriminated against by the Civil Partnership Act 2004, but considered that "To the
extent that by reason of that distinction it discriminates against same-sex partners,
such discrimination has a legitimate aim, is reasonable and proportionate, and falls
within the margin of appreciation accorded to Convention States."Attorney General
Peter Goldsmith, as second respondent, sought £25,000 in legal costs from the
couple, which the High Court ordered them to pay.

Wilkinson and Kitzinger said they were "deeply disappointed" with the judgement,
not just for themselves, but for "lesbian and gay families across the nation". They
said that "denying our marriage does nothing to protect heterosexual marriage, it
simply upholds discrimination and inequality" and also said that the ruling insulted
LGBT people and treats their relationships as inferior to heterosexual ones; not
worthy of marriage but only of an "expressly different, and entirely separate
institution". They said, however, that they believed the judgement "won't stand the
test of time" and that they looked forward to the day when "there is full equality in
marriage They had originally announced their intention to appeal the decision but
later abandoned it due to lack of funds.
The decision didn’t seat right with the LGBTQIA+ community as Gay rights
campaigner Peter Tatchell said that the establishment's aggressive opposition to
same-sex marriage and the successful demand of £25,000 from the couple damaged
the government's "gay-friendly credentials". He also claimed that the demand in

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legal costs was designed to damage the couple financially so they would not be able
to appeal. He said he was "angry but not downcast" about the ruling and that this
was only a temporary setback in the "long struggle for marriage equality732".
However, Same sex marriages have since 2014 owing to the Marriage (Same Sex
Couples) Act733 been recognized legally.
Marshall, of The Heritage Foundation, said the onus must be placed on same-sex
“marriage” supporters as to why marriage should not include polygamy and other
forms of relationships. The polygamy question is not a “red herring,” she said.
“It seems to me,” she said, “that those who are trying to argue for the redefinition of
marriage should have to answer the question, ‘What is the logical stopping point
after this?’ It seems to me that that question should be turned around, and the ones
who are answering it should be the ones who are proposing the redefinition of
marriage

THE UGANDAN PERSPECTIVE TOWARDS

POLYGAMY AND HOMOSEXUALITY.
Polygamy
According to The Customary Marriage’s and Registrations Act734 and The Marriage
and Divorce of Mohammedands Act735 Polygamy is legal as a man can marry more
than one wife and up to four based on their custom or religion of Islam respectively.
The above is with implication that Polygamy which is tied to cultural practices and
still overtly a part of Muslim life in Uganda, is a neuralgic issue in Uganda as
“traditional marriage” in Uganda includes polygamy, which is not illegal. However
Christian marriage would mean something different. From a Catholic perspective, a
Christian man can only marry one woman, and the Catholic churches appeared to
work hard to guard that boundary736.

732
Tatchell, Peter (2 August 2006). "Equality is still a dream". The Guardian. Archived from the original on 7 March
2016. Retrieved 30 October 2009.
733
2013.
734
Cap 248.
735
Cap 252.
736
In Uganda, polygamy is legal, homosexuality is not By By: Thomas M. Landy.

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According to Pew research surveys, 31% of Ugandan Christian men claim to have
more than one wife Ugandan interviewees often seemed to characterize it as a
tendency built into men’s nature, but forbidden by the Church. It was most firmly
condemned if a man has children whom he fails to care for, but beyond that seems
to elicit disappointment more than condemnation when it is discovered a man
practices it. That disappointment is especially deep if it was by a man who had a
public role in the Church. One Ugandan man who asked about polygamy’s
prevalence in the West was amused to learn that it is actually illegal there. A member
of Marriage Encounter said they work hard “to help couples understand the
sacramental and holy nature of marriage better,” but that they were also a relatively
small group.

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CHAPTER FORTY-THREE
HOMOSEXUALITY.
Ugandans have a deep aversion to homosexuality. In recent years there have been
efforts to impose the harshest legal penalties possible on homosexuals. 6 Catholics
interviewed for this project found it incomprehensible that a society could allow it
to exist, citing tradition, the Bible, “the laws of God,” and a threat to the continuance
of the human race. The story of the Ugandan martyrs, which is quite central to
Catholic identity, reinforces the sense that homosexuality is anathema. Accounts of
their death repeat that some of the martyrs were killed for their refusal, as Christians,
to commit sodomy for the king, or to condone his practice of it.
Its therefore noteworthy that the Western perception of Homosexuality & polygamy
is different from the Ugandan understanding, for instance In America,
Homosexuality is legal given the recognition of same sex marriages but Polygamy
isn’t allowed, On the other hand, In Uganda, Polygamy is legal but homoseuaxlity
is illegal as highlighted above.

LGBTQIA+ CLASH WITH AFRICAN CULTURE.

According to political scientist Constance G. Anthony, American culture war
perspectives on human sexuality were exported to Africa as a form
of neocolonialism. In his view, this began during the AIDS epidemic in Africa, with
the United States government first tying HIV/AIDS assistance money to evangelical
leadership and the Christian right during the Bush administration then to LGBTQ
tolerance during the administration of Barack Obama. This stoked a culture war that
resulted in (among others) the Uganda Anti-Homosexuality Act of 2014737.
Zambian scholar Kapya Kaoma highlights that due to shift of “the demographic
center of Christianity from the global North to the global South" There is a world-
wide African increase in influence of Christianity. She argues that American
737
Anthony, Constance G. (November 2018). "Schizophrenic Neocolonialism: Exporting the American Culture War
on Sexuality to Africa". International Studies Perspectives. 19 (4): 289–304. doi:10.1093/isp/eky004.

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conservatives export their culture wars to Africa, particularly when they realize they
may be losing the battle back home. As such US Christians have framed their anti-
LGBTQIA+ initiatives in Africa as standing in opposition to a "Western gay
agenda", a framing which Kaoma finds ironic738.
This has witnessed a widespread of North American and European conspiracy
theories in West Africa via social media, according to 2021 survey by First Draft
News. COVID-19 misinformation, New World Order conspiracy
thinking, QAnon and other conspiracy theories associated with culture war topics
are spread by American, Pro-Russian, French-language, and local disinformation
websites and social media accounts, including prominent politicians in Nigeria. This
has contributed to vaccine hesitancy in West Africa, with 60 percent of survey
respondents saying they were unlikely to try to get vaccinated, and an erosion of
trust in institutions in the region739.
According to Constance G Anthony, The US foreign policy on AIDS assistance in
Africa has gone through many shifts in resource investment and focus which has
reflected the politics of the culture war in the United States. Because AIDS cannot
be addressed without consideration of sexuality, these shifts have resulted in very
different sets of recommendations in African countries on sexual behavior and
values given the dependence on the United States for material and technological
resources, African countries have been incorporated into this cultural debate as a
form of sexual and cultural neocolonialism740.
There has been a Christian-inspired homophobia in Africa through Christian counter
mobilizations that seek to affirm the human rights of lesbian, gay, bisexual, and
transgender (LGBTQIA+) people in Africa man powered by different organizations
such an African American organization known as The Fellowship of Affirming
Ministries (TFAM) geared at building a Pan-African LGBTQIA+-affirming
Christian movement741.

738
van Klinken, Adriaan (2017). "Culture Wars, Race, and Sexuality: A Nascent Pan-African LGBT-Affirming
Christian Movement and the Future of Christianity". Journal of Africana Religions. 5 (2): 217–238.
doi:10.5325/jafrireli.5.2.0217. JSTOR 10.5325/jafrireli.5.2.0217. Archived from the original on August 10, 2021.
Retrieved May 4, 2021.
739
Dotto, Carlotta; Cubbon, Seb (June 23, 2021). Disinformation exports: How foreign anti-vaccine narratives reached
West African communities online (Report). First Draft News. Retrieved June 23, 2021.
740
Schizophrenic Neocolonialism: Exporting the American Culture War on Sexuality to Africa.
741
Adriaan Van Klinken; Culture Wars, Race, and Sexuality: A Nascent Pan-African LGBT-Affirming Christian
Movement and the Future of Christianity. Journal of Africana Religions 15 July 2017; 5 (2): 217–238. doi:
https://doi.org/10.5325/jafrireli.5.2.0217.

379
 The Strix Mythology Demystified

TFAM presents its work as a response to the involvement of American white

conservative evangelicals in the spread of homophobia in Africa. Where the latter
has been framed as the export of American culture wars through its different works
as an attempt to counterbalance the culture wars and to define the future of African
Christianity in progressive ways.
TFAM in its endeavors and activities has established an LGBTQIA+ church in
Nairobi, Kenya,
TFAM was founded by Bishop Rev. Dr. Yvette A. Flunder, Founder and Senior
Pastor, City of Refuge United Church of Christ Presiding Bishop who is the leader
of The Fellowship of Affirming Ministries
The Fellowship Global is positioned to be a catalyst for a pan-African faith
movement, connecting the radically inclusive Christian movement led by African
Americans and our allies to communities in Africa and throughout the diaspora. We
provide pastoral care for LGBTI people and support pioneering efforts to establish
an open an affirming African Christian movement. Additionally, The Fellowship
Global supports the missions, ministries, and faith alliances of The Fellowship of
Affirming Ministries outside of the United States.
The Fellowship Global has established partnerships and social justice groups in
Kenya, Uganda, Rwanda, Zimbabwe, Cote d’Ivoire, Mexico, the Caribbean, and
Asia. It is at the cutting edge of the fight for social justice where you will find The
Fellowship Global working collaboratively with networks “on the ground.”
As heirs of the civil rights movement, African spirituality, Christian traditions, and
prophetic witness we have a vision for a radically inclusive revival to usher in a new
era of social justice.
In providing services and resources, The Fellowship Global has institutional partners
in government bodies, human rights groups, political advocates, economic
development efforts and the academy742.
Recently at a public forum, someone asked me if “same-sex relations in Africa [are]
un-African?” While answering the question, another interjected, “all these foreign
White man’s practices [are] forced on us,” evidently alluding to the fact that same-
sex relations is inherently a “western import,” foisted on Africans by European
colonizers.

742
www.radicallyinclusive.org 8400 Enterprise WayOakland, CA [email protected]

380
 The Strix Mythology Demystified

Indeed, few issues are as difficult to grapple with as the fact that precolonial Africa
practiced same sex relations with the practice itself being hotly contested in Africa
for centuries. In nearly all African countries today, same-sex relations are considered
a taboo. Many allege that European colonizers brought with them the “ungodly gift
of homosexuality,” despite the range of available historical evidence to the contrary.
Even some historians and Africanist scholars have either denied or ignored African
same-sex patterns while others have claimed that such patterns were outright
colonial importations. This piece argues to the contrary and contends that
homophobia was a colonial imposition.
The myth that same-sex relations were absent in precolonial Africa is one of the
most enduring. Digging through history and drawing from African-derived
examples, it becomes clear that traditional Africa was tolerant of different
sexualities, orientations and gender relations. Thus, it is disservice to history to say
that same-sex relations in Africa was introduced by Europeans.
In my review of Nwando Achebe’s Female Monarchs and Merchant Queens in
Africa, I highlighted the African phenomenon of “gendered males” and “gendered
females” which refers to the way that the interconnected universe allows males to
transform themselves into females and females to transform themselves into males.
As Achebe argued, “these transformations are encouraged by a milieu that
recognizes that . . . sex and gender do not coincide; that gender is a social construct
and is flexible and fluid, allowing . . . women to become gendered men, and . . . men,
gendered women.”
So, to understand same-sex relations in traditional Africa, one must understand
African cosmology. There is a close relationship between spirituality and sexuality
in African cosmology as well as with the different types of spiritual power associated
with each sex. This worldview not only gave rise to male and female gendered
spiritual forces but also allowed for the practice of same-sex relations.
Several instances in oral histories, critical texts, folklore, and ethnographic reports
confirm that traditional Africa recognized same-sex relations. Thousands of years
ago, evidence from rock paintings show the prevalence of anal sex between San men
in present-day Zimbabwe. In Tommy Boys, Lesbian Men, the authors identified
several same sex practices in ancient and contemporary Africa while in Egypt, as far
back as 2400 BCE, excavated bodies of two men, Niankhkhnum and Khnumhotep,
showed them apparently cuddled to each other as lovers. Also, in some traditional

381
 The Strix Mythology Demystified

African societies, certain magic rituals and rites of passage from boyhood to
adulthood often involved same-sex activities.
In precolonial northern Congo, Azande warrior-men routinely married boys who
operated as temporary wives. According to Boy Wives and Female Husbands, the
practice was institutionalized to the extent that the warriors paid bride price to the
parents of the boys. When these boys became warrior-men, they too married “boy-
wives.”
The Portuguese, among the first Europeans to explore the African continent, noted
in their ethnographic reports a range of male-to-male sexual relations among the
Congo people which they referred to as “unnatural damnation.” Writing about the
Imbangala people present-day Angola, Andrew Battell confirmed there were “men
in women’s apparel, with whom they kept amongst their wives” while Jean Baptiste
Labat reported about a caste of cross-dressing male diviners known as chibados
whose leader “dresses ordinarily as a woman and makes an honor of being called
Grandmother.”
Additionally, female husbandry demonstrates the fluidity of gender relations and
queerness in traditional Africa. For example, Queen Njinga Mbanda, ruler of the
Mbundu people in present-day Angola, who rose to power in 1624 and strongly
resisted Portuguese dominion, assumed multiple sexual and gender roles and/or
identities. She often dressed as a man, married “female wives” and had a harem of
men whom she had to dress as women. As a “female husband,” she undoubtedly
transgressed gender binaries and even answered to the title of “King” during battles.
In ancient Buganda (present-day Uganda), King Mwanga II, who strongly opposed
colonialism and Christianity, was an openly gay monarch. The practice of same-sex
relations was rife among the Siwa people of Egypt, Benin people of Nigeria, Nzima
people of Ghana, San people of Zibmabwe and Pangwe people of present-day Gabon
and Cameroon.
Another noteworthy point is that some precolonial African societies did not have a
binary of genders. Among the Igbo and Yoruba of Nigeria, gender was not assigned
to babies at birth until later life. Paulla Ebron writes that ‘[i]n many places in West
Africa, gender is not something that newborns are fully equipped with. The making
of women and men is formally performed through age-grade systems that usher
children into women and men.”

382
 The Strix Mythology Demystified

Findings on gender relations in precolonial Igbo culture demonstrate that gender and
sex did not coincide. Instead, gender was flexible and fluid, allowing women to
become men and vice versa. It was a culture in which gender was re-constructed and
performed according to social need. In contemporary Igboland, female-husband
practices are still allowed with the understanding that the “wives” in the relationship
will render any male children they bear to the female-husband in order to provide a
male heir.
Regarding gender and spirituality, African metaphors for God do not necessarily
reflect the ways in which theologians and religious historians of Africa write about
God. African names for God are gender-neutral or genderless and in some societies,
the Creator God is female. In ancient African societies, many deities were portrayed
as having both male and female characteristics and being neither distinguishably
masculine nor feminine. More so, goddesses such as Mut (the goddess of
Mother[hood]) and Sekmeht (goddess of war) in ancient Egypt were often depicted
as women with erect penises.
Additionally, the fact that these relations were sometimes identified with specific
terms and lingo in precolonial times demonstrate their prevalence. Among the Hausa
of Nigeria, yan dauda is a term used to describe effeminate men and male wives.
Among the Khoikhoi of South Africa, koetsire is a term used to refer to men who
are sexually receptive to other men. Among the Yoruba, adofuro is an euphemism
used to describe someone or an intersex person who has anal sex. Although these
terms are used derogatorily today, they are not new, rather, they are as old as the
cultures where they are used.
One reason lies with the religious repercussions of colonization and the popularity
of fundamental Christianity which have been used to argue that same-sex relations
are un-African. Missionary activity, evangelization and subsequent colonial
conquest led to the criminalization and demonization of same-sex relations in Africa.
Using the Bible and Christianity as the credo of African morality, Western
heteronormativity displaced notions of traditional African sexual fluidity. British
archival reports show how European Penal Codes, enacted in colonial Africa,
criminalized gay relations. For instance, the 1860 Indian Penal Code of 1860 and the
1899 Queensland Criminal Code forbade same sex practices in African colonies.
Hence, same-sex relations, though commonly practiced, and maybe even accepted,
throughout traditional Africa, were seen in bad taste, and seldom publicly recognized
in colonial Africa.

383
 The Strix Mythology Demystified

Such a rigid perception of human sexuality is problematic. Claude Summers argued

that because “human sexuality, human behaviour and emotions, are fluid and various
rather than static or exclusive . . . the terms homosexual and heterosexual should
more properly be used as adjectives rather than nouns, referring to acts and emotions
but not to people.” Unquestionably, homophobia was deeply rooted both in
European racial perception of the “Other” and colonial rule.
Observations of same-sex relations in many African cultures were considered by
European colonizers as further proof of African inferiority. Unquestionably, early
African scholarship was also influenced by experiences of colonial rule while
contemporary America’s conservative evangelicals have also wielded an uncanny
influence on Africa’s sexual politics.
These examples, and many others not mentioned, confirm the historicity and
visibility of same-sex relations in precolonial Africa. Bright argues that Same-sex
relations in Africa are not un-African. While the practice may not have been
accepted in all cultures at all times, it certainly predated the European colonial
conquest of Africa. If anything, Europeans brought homophobia to Africa; they were
intolerant of same-sex relations and established systems of surveillance and
regulation for expressing it. In the end, the main challenge is for academics, civil
society, media and activists to reckon with history and [re]tell it in a way that
recognizes the multiple facets of gender and human sexuality in both traditional and
contemporary Africa and the Black world. At the same time, he maintains this is a
clarion call for a change of attitude, inclusivity, mutual respect, and tolerance for all
regardless of their sexualities.

Roundtable Activism African Diaspora archives art black feminism black

intellectual history black internationalism black lives matter black nationalism black
politics Black Power black protest Black radicalism black radical tradition Black
women capitalism carceral state Caribbean civil rights Civil Rights Movement
Donald Trump education Gender Haiti Jim Crow literature mass incarceration music
Pan-Africanism police brutality police violence Politics race Racial Violence racism
religion Resistance sexuality slavery slave trade South teaching W.E.B. Du Bois
white supremacy
LGBT actvists out the Milimani High Court after the court declined to abolish
colonial era laws decriminalizing gay sex at Nairobi, Kenya on May 24, 2019
(Shutterstock)
384
 The Strix Mythology Demystified

Recently at a public forum, someone asked me if “same-sex relations in Africa [are]

un-African?” While answering the question, another interjected, “all these foreign
White man’s practices [are] forced on us,” evidently alluding to the fact that same-
sex relations is inherently a “western import,” foisted on Africans by European
colonizers.
Indeed, few issues are as difficult to grapple with as the fact that precolonial Africa
practiced same sex relations with the practice itself being hotly contested in Africa
for centuries. In nearly all African countries today, same-sex relations are considered
a taboo. Many allege that European colonizers brought with them the “ungodly gift
of homosexuality,” despite the range of available historical evidence to the contrary.
Even some historians and Africanist scholars have either denied or ignored African
same-sex patterns while others have claimed that such patterns were outright
colonial importations. This piece argues to the contrary and contends that
homophobia was a colonial imposition.
The myth that same-sex relations were absent in precolonial Africa is one of the
most enduring. Digging through history and drawing from African-derived
examples, it becomes clear that traditional Africa was tolerant of different
sexualities, orientations and gender relations. Thus, it is disservice to history to say
that same-sex relations in Africa was introduced by Europeans.
In my review of Nwando Achebe’s Female Monarchs and Merchant Queens in
Africa, I highlighted the African phenomenon of “gendered males” and “gendered
females” which refers to the way that the interconnected universe allows males to
transform themselves into females and females to transform themselves into males.
As Achebe argued, “these transformations are encouraged by a milieu that
recognizes that . . . sex and gender do not coincide; that gender is a social construct
and is flexible and fluid, allowing . . . women to become gendered men, and . . . men,
gendered women.”
So, to understand same-sex relations in traditional Africa, one must understand
African cosmology. There is a close relationship between spirituality and sexuality
in African cosmology as well as with the different types of spiritual power associated
with each sex. This worldview not only gave rise to male and female gendered
spiritual forces but also allowed for the practice of same-sex relations.
Several instances in oral histories, critical texts, folklore, and ethnographic reports
confirm that traditional Africa recognized same-sex relations. Thousands of years
ago, evidence from rock paintings show the prevalence of anal sex between San men
385
 The Strix Mythology Demystified

in present-day Zimbabwe. In Tommy Boys, Lesbian Men, the authors identified

several same sex practices in ancient and contemporary Africa while in Egypt, as far
back as 2400 BCE, excavated bodies of two men, Niankhkhnum and Khnumhotep,
showed them apparently cuddled to each other as lovers. Also, in some traditional
African societies, certain magic rituals and rites of passage from boyhood to
adulthood often involved same-sex activities.
In precolonial northern Congo, Azande warrior-men routinely married boys who
operated as temporary wives. According to Boy Wives and Female Husbands, the
practice was institutionalized to the extent that the warriors paid bride price to the
parents of the boys. When these boys became warrior-men, they too married “boy-
wives.”
The Portuguese, among the first Europeans to explore the African continent, noted
in their ethnographic reports a range of male-to-male sexual relations among the
Congo people which they referred to as “unnatural damnation.” Writing about the
Imbangala people present-day Angola, Andrew Battell confirmed there were “men
in women’s apparel, with whom they kept amongst their wives” while Jean Baptiste
Labat reported about a caste of cross-dressing male diviners known as chibados
whose leader “dresses ordinarily as a woman and makes an honor of being called
Grandmother.”
Additionally, female husbandry demonstrates the fluidity of gender relations and
queerness in traditional Africa. For example, Queen Njinga Mbanda, ruler of the
Mbundu people in present-day Angola, who rose to power in 1624 and strongly
resisted Portuguese dominion, assumed multiple sexual and gender roles and/or
identities. She often dressed as a man, married “female wives” and had a harem of
men whom she had to dress as women. As a “female-husband,” she undoubtedly
transgressed gender binaries and even answered to the title of “King” during battles.
In ancient Buganda (present-day Uganda), King Mwanga II, who strongly opposed
colonialism and Christianity, was an openly gay monarch. The practice of same-sex
relations was rife among the Siwa people of Egypt, Benin people of Nigeria, Nzima
people of Ghana, San people of Zibmabwe and Pangwe people of present-day Gabon
and Cameroon.
Another noteworthy point is that some precolonial African societies did not have a
binary of genders. Among the Igbo and Yoruba of Nigeria, gender was not assigned
to babies at birth until later life. Paulla Ebron writes that ‘[i]n many places in West
Africa, gender is not something that newborns are fully equipped with. The making
386
 The Strix Mythology Demystified

of women and men is formally performed through age-grade systems that usher
children into women and men.”
Findings on gender relations in precolonial Igbo culture demonstrate that gender and
sex did not coincide. Instead, gender was flexible and fluid, allowing women to
become men and vice versa. It was a culture in which gender was re-constructed and
performed according to social need. In contemporary Igboland, female-husband
practices are still allowed with the understanding that the “wives” in the relationship
will render any male children they bear to the female-husband in order to provide a
male heir.
Regarding gender and spirituality, African metaphors for God do not necessarily
reflect the ways in which theologians and religious historians of Africa write about
God. African names for God are gender-neutral or genderless and in some societies,
the Creator God is female. In ancient African societies, many deities were portrayed
as having both male and female characteristics and being neither distinguishably
masculine nor feminine. More so, goddesses such as Mut (the goddess of
Mother[hood]) and Sekmeht (goddess of war) in ancient Egypt were often depicted
as women with erect penises.
Additionally, the fact that these relations were sometimes identified with specific
terms and lingo in precolonial times demonstrate their prevalence. Among the Hausa
of Nigeria, yan dauda is a term used to describe effeminate men and male wives.
Among the Khoikhoi of South Africa, koetsire is a term used to refer to men who
are sexually receptive to other men. Among the Yoruba, adofuro is an euphemism
used to describe someone or an intersex person who has anal sex. Although these
terms are used derogatorily today, they are not new, rather, they are as old as the
cultures where they are used.
One reason lies with the religious repercussions of colonization and the popularity
of fundamental Christianity which have been used to argue that same-sex relations
are un-African. Missionary activity, evangelization and subsequent colonial
conquest led to the criminalization and demonization of same-sex relations in Africa.
Using the Bible and Christianity as the credo of African morality, Western
heteronormativity displaced notions of traditional African sexual fluidity. British
archival reports show how European Penal Codes, enacted in colonial Africa,
criminalized gay relations. For instance, the 1860 Indian Penal Code of 1860 and the
1899 Queensland Criminal Code forbade same sex practices in African colonies.
Hence, same-sex relations, though commonly practiced, and maybe even accepted,

387
 The Strix Mythology Demystified

throughout traditional Africa, were seen in bad taste, and seldom publicly recognized
in colonial Africa.
Such a rigid perception of human sexuality is problematic. Claude Summers argued
that because “human sexuality, human behaviour and emotions, are fluid and various
rather than static or exclusive . . . the terms homosexual and heterosexual should
more properly be used as adjectives rather than nouns, referring to acts and emotions
but not to people.” Unquestionably, homophobia was deeply rooted both in
European racial perception of the “Other” and colonial rule. Observations of same-
sex relations in many African cultures were considered by European colonizers as
further proof of African inferiority. Unquestionably, early African scholarship was
also influenced by experiences of colonial rule while contemporary America’s
conservative evangelicals have also wielded an uncanny influence on Africa’s sexual
politics.

These examples, and many others not mentioned, confirm the historicity and
visibility of same-sex relations in precolonial Africa. Same-sex relations in Africa
are not un-African. While the practice may not have been accepted in all cultures at
all times, it certainly predated the European colonial conquest of Africa. If anything,
Europeans brought homophobia to Africa; they were intolerant of same-sex relations
and established systems of surveillance and regulation for expressing it. In the end,
the main challenge is for academics, civil society, media and activists to reckon with
history and [re]tell it in a way that recognizes the multiple facets of gender and
human sexuality in both traditional and contemporary Africa and the Black world.
At the same time, this is a clarion call for a change of attitude, inclusivity, mutual
respect, and tolerance for all regardless of their sexualities.

It is widely believed that lesbianism and homosexuality are foreign concepts and
colonial imports to Sub-Saharan Africa. This popular view is not unconnected with
hegemonic heterosexual orientation of the society. The pitfall of heterosexual
orientation, which hinges on politics of sexual representation, is worth an academic
investigation. Therefore, this study seeks to close the analytical gap by examining
Yorùbá oral literature, which is regarded as the repertoire of their traditional and
cultural beliefs and nuances, to unravel the subject of lesbianism and homosexuality
from a sociological approach. Drawing on interviews and oral literature, this article
examines the vital ideas of lesbianism and gay culture among the Yorùbá people of
388
 The Strix Mythology Demystified

southwestern Nigeria. This article argues that the preconceived obscenity of

lesbianism and homosexuality among the Yorùbá hinges on the culture of silence
within the cultural milieu of the people. The study concludes that the representation
of lesbianism and gay in diverse oral literature, as the repertoire of people's
experiences and worldview, rubberstamped its presence and practices in the Yorùbá
society.

During his visit to Africa this summer, the US president, Barack Obama, addressed
legal discrimination against LGBT individuals. Meeting the Kenyan president,
Uhuru Kenyatta, Obama said: “When you start treating people differently not
because of any harm they are doing to anybody, but because they are different, that’s
the path whereby freedoms begin to erode.”
Unfortunately, the response from Kenyatta was that “there are some things that we
must admit we don’t share [with the US]. Our culture, our societies don’t accept.”.
Simply put, HE was against homosexuality in Kenya.
As I dug deep, I realised that African culture is no stranger to homosexual
behaviours and acts
This is the same argument that Robert Mugabe used to suppress the human rights of
LGBT people in Zimbabwe; that the former president of Nigeria, Goodluck
Jonathan, used when he signed the most dangerous law against LGBT people in the
modern world; and that President Yoweri Museveni used in a ceremonial signing of
the anti-gay bill in Uganda. This year Gambia’s president Yahya Jammeh called for
gay people’s throats to be slit.
When I was appointed by Berlin’s Humboldt University this year to teach the course
“Pre- and post-colonial sexual orientation and sexual identity in Africa”, I knew I
had a huge task before me. I had to teach students about a history that is mostly
unwritten.
In digging up facts I found that, while many Africans say that homosexuality is un-
African, African culture is no stranger to homosexual behaviours and acts.
For example, in my local language (Yoruba), the word for “homosexual” is adofuro,
a colloquialism for someone who has anal sex. It might sound insulting and
derogatory; however, the point is there is a word for the behaviour. Moreover, this
is not a new word; it is as old as the Yoruba culture itself.

389
 The Strix Mythology Demystified

In the northern part of Nigeria, yan daudu is a Hausa term to described effeminate
men who are considered to be wives to men. While the Yoruba word might be more
about behaviour than identity, this Hausa term is more about identity. You have to
look and act like a yan daudu to be called one. It is not an identity you can just carry.
These words are neutral; they are not infused with hate or disgust.
In the Buganda Kingdom, part of modern-day Uganda, King Mwanga II was openly
gay and faced no hate from his subjects until white men brought the Christian church
and its condemnation. Though King Mwanga is the most prominent African
recorded as being openly gay, he was not alone.
In Boy-Wives and Female Husbands, a book examining homosexuality and
feminism in Africa, the researchers found ‘‘explicit” Bushman artwork that depicts
men engaging in same-sex sexual activity. There have been other indicators that the
transition from boyhood to adulthood within many African ethnic groups involved
same-sex sexual activities. So what accounts for the current dismissal of
homosexuality on the continent?
One factor is the increased popularity of fundamental Christianity, by way of
American televangelists, since the 1980s. While Africans argued that homosexuality
was a western import, they in turn used a western religion as the basis for their
argument. When I have challenged people who are anti-gay, many have said that it
is not our culture. However, when you probe further, they argue that homosexuality
is not in the Bible. But the Bible is not our historical culture. This shows there is real
confusion about Africa’s past.
Reinforcing this is the fact that populist homophobia has kept many politicians in
power. Across Africa, if you hate gay people, you get votes.
As a Nigerian gay man, these myths about homosexuality create a dark cloud over
my head. They leave me trying to navigate my way through self-denial, rejection,
love and the burden of guilt. While to many people the assertion “homosexuality is
un-African” might just be words, to all African LGBT people it puts our lives in
imminent danger. It is used in South Africa to rape lesbians. It is used to pass laws
and to jail, threaten or kill gay rights activists. It is used to dehumanise LGBT people
across Africa and legitimise the hate that we face. It is the reason I receive death
threats, which ultimately drove me into exile from my home in Nigeria.

390
 The Strix Mythology Demystified

As long as the notion that homosexuality is un-African persists, Kenyatta will

receive applause, Mugabe will win elections, and parliaments across the continent
will reintroduce harmful laws.
To stop all this, we need to start by re-telling our history and remembering our true
African culture, one that celebrates diversity, promotes equality and acceptance, and
recognises the contribution of everyone, whatever their sexuality.
With Zambia imprisoning two men to 15 years for gay sex and Uganda detaining
LGBTQ+ activists, the African continent is a difficult place for homosexuals. Why
is that?
Zambia sentenced two men to 15 years in prison last week for having consensual
sex in the privacy of their hotel room.
In late November, Ugandan police rounded up 125 people in a gay-friendly bar in
the capital, Kampala, dozens of whom now face charges.
In Nigeria last week, 47 men pleaded innocent to charges of public displays of
affection with the same-sex. They had been detained during a police raid on a Lagos
hotel in 2018.
Such cases are triggering heated debates around gay rights on the African continent
where homosexuality has become a decisive issue.
So why is Africa such a difficult place for the LGBTQ+ community?
There are many reasons, but colonial laws, religious morality, and the idea that
homosexuality is imported by the West are among the most influential, scholars say.

391
 The Strix Mythology Demystified

CHAPTER FORTY-FOUR
COLONIAL-ERA ANTI-SODOMY LAWS
Of the 72 countries worldwide that criminalize homosexuality, 32 of them are in
Africa, where punishments range from imprisonment to the death penalty in
countries such as Mauritania and Sudan.
More than half of these are former British colonies where colonial administrators
introduced laws prohibiting "unnatural acts".
A man and a woman hug each other in court
Activists celebrate in court in May 2019 after Botswana overturned its British-era
law criminalizing same-sex relationsImage: picture alliance/AP Photo
The degree to which the laws are enforced varies greatly. Uganda has seen a flurry
of recent anti-gay arrests while The Gambia hasn't prosecuted anyone under its anti-
sodomy laws since the change of government in 2017.
Even when not enforced, such laws prolong the stigma attached to homosexuality
and provide a "justification" for homophobic behavior, Alan Msosa, a Malawian
researcher for the University of Bergen in Norway, told DW.
"They give people the chance to say: 'We don't like [homosexuals] because they are
criminals."
Africans among the world's most religious people
Around 93% of sub-Saharan Africans are either Christian (63%) or Muslim (30%),
making the continent one of the most religious in the world.
These beliefs influence many facets of people's lives, including their attitudes to
LGBTQ+ communities.
"Most religious texts say that homosexuality is problematic," writes Amy
Adamczyk, an American sociologist, in an article for The Conversation.

392
 The Strix Mythology Demystified

"More religious people are more likely to take these religious precepts seriously.
When a large proportion of people are highly dedicated to their religion, everyone
within the country tends to develop more conservative views."
Muslim and Christian leaders are often vocally opposed to gay sex, and studies show
that African media often quote a religious official when discussing homosexuality
— much more so than in countries such as the United States.

393
 The Strix Mythology Demystified

CHAPTER FORTY-FIVE
HOMOSEXUALITY PROMOTED AS 'UN-AFRICAN'
Africa's elites, which include political, religious and community leaders, often claim
that homosexual practices are an imported Western evil.
Long-term Zimbabwean leader Robert Mugabe called homosexuality "un-African"
and a "white disease". Ugandan President Yoweri Museveni has said it's a "western
import."
In the aftermath of the recent sentencing of the two Zambian gay men (which saw
the US Ambassador to Zambia saying he was "horrified" by 15-year jail term), a
Zambian bishop called for fellow citizens to protect their own values and culture
from outside influences.

394
 The Strix Mythology Demystified

CHAPTER FORTY-SIX
PRE-COLONIAL AFRICANS HAD GAY SEX
But homosexuality existed in Africa long before the continent was colonized.
Extensive evidence collected by anthropologists and other scholars shows that same-
sex practices and diverse sexualities can be found all over the continent and predate
colonization.
Ancient San rock paintings near Guruve in Zimbabwe dating back 2,000 years show
explicit scenes between copulating males.
A man with a sticker on his face reading: 'Some Ugandans are gay. Get over it.'
Same-sex relationships exist in Uganda now, and were also part of many Ugandan
communities before and during colonial timesImage: picture-alliance/AP Photo/R.
Vassie
"It was an open secret" that Mwanga II, the 19th century King of Buganda in what
is now Uganda, was gay, writes Ugandan scholar Sylvia Tamale in an article entitled
Homosexuality is not un-African.
He wasn't alone. In northern Uganda, effeminate males among the Langi people were
treated as women and could marry men during pre-colonial times whereas in
Zambia, records show youths and adult men had sexual contact during the
circumcision rites of the Ndembu.
It also wasn't just men that were involved in homosexual relationships.
"Women to women marriage in which one woman pays brideprice to acquire a
husband's rights to another woman has been documented in more than thirty African
populations," finds the seminal book on homosexuality in Africa, Boy-Wives and
Female Husbands.

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CHAPTER FORTY-SEVEN
EMPLOYING HOMOPHOBIA IN THE FIGHT FOR
POWER
By calling on their citizens to guard against westernization and protect their own
culture, homophobia has become a rallying cry that serves to mobilize and unite the
masses.
"Political and religious leaders have exploited the issue to generate support," Alan
Msosa told DW. It's telling that those politicians who are often most vocal in their
anti-gay sentiments, such as in Zambia and Uganda, lead countries where democracy
is on the decline.
"The mobilization of latent homophobia is a strategy ... to divert attention when a
regime's fate is at stake — in elections, due to public opposition, or internal power
struggles," find Norwegian academics Siri Gloppen and Lise Rakner in a paper on
backlashes against sexual minorities.
Choosing love over hate: What it's like being a lesbian in Kenya

With the expansion of LGBTQ+ rights often tied to international development aid,
African leaders can also gain points with voters by appearing to defy the West with
a strong stance against homosexuality, points out Malawian researcher Msosa.
Attitudes to homosexuality more nuanced than thought
He sees homophobia as "an elite project" that doesn't always reflect the reality of
how people are engaging with LGBTQ+ communities on the ground.
In a just-released study on attitudes to homosexuality in Malawi, Msosa found 80%
of respondents believed homosexual sex is wrong, but 33% still believe God loves
people in same-sex relationships.

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The idea of human rights for homosexuals is also sometimes misunderstood as

promoting the rights of gay men to have sex with boys which can lead to less support
for LGBTQ+ rights.
But "when we unpacked certain words using local languages, such as using 'justice,
fairness and inclusion' over 'human rights' we found that [Malawians] were more
tolerant in their views," Msosa said.

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CHAPTER FORTY-EIGHT

Imported stigma
Before colonization, traditional African societies didn't seem to stigmatize
homosexual practices.
"There are no examples of traditional African belief systems that singled out same-
sex relations as sinful or linked them to concepts of disease or mental health —
except where Christianity and Islam have been adopted," according to Boy-Wives
and Female Husbands. Boy-Wives and Female Husbands: Studies of African
Homosexualities (review)
Murray, Stephen, and Will Roscoe. 1998. Boy-Wives and Female Husbands: Studies
in African Homosexualities. New York: St. Martin's Press. 358 pp. $29.95 (cloth).
Recent years have seen African nations begin to confront the issue of homosexuality.
While the 1994 South African constitution included sexual orientation among
protected civil rights, others have decried and attacked homosexuality. Robert
Mugabe of Zimbabwe ordered the harassment of Gays and Lesbians of Zimbabwe
(GALZ) in 1994 and two years later destroyed the political influence of ex-President
Canaan Banana with a conviction on sodomy charges. Presidents Daniel arap Moi
of Kenya (1999), Sam Nujoma of Namibia (1996), and Yoweri Museveni of Uganda
(1999) [End Page 153] have denounced same-sex behavior and insisted on strict
enforcement of anti-gay legislation. In response, gay men (and a few women) have
begun recounting their life stories in the press.

At the 1998 Lambeth Conference, bringing together bishops of the Anglican

Communion from around the world, a condemnation of homosexuality passed over
the rigorous protests of American and European bishops, but with strong support
from African prelates. The Anglican Church debate served to confirm for some the

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conventional wisdom that homosexuality is a western phenomenon. Its presence in

Africa is explained as a legacy of colonialism and/or an evil introduced by Arabs.
As the underground existence of same-sex relationships emerges, this book
demonstrates the inaccuracy of the myth that there are no homosexuals in Africa.

Sociologist Stephen Murray (Director, El Instituto Obregon) and anthropologist Will

Roscoe (Institute of Research on Women and Gender, Stanford University) have
pioneered in comparative studies of homosexuality. These include: Oceanic
Homosexualities (1992), Latin American Male Homosexualities (1995), and
American Gay (1996). This work culminated in Murray's Homosexualities (1999)
which brings together his theoretical insights. Roscoe has studied Native Americans,
especially the berdache tradition in Zuni Man-Woman (1991). The two collaborated
on Islamic Homosexualities (1997); this includes North Africa, which is excluded
from their African study. This body of work represents the most extensive cross-
cultural scholarship on homosexuality.

The present book is a wide-ranging collection of materials which include academic

articles, translations from early colonial memoirs, and contemporary accounts.
Unlike the other works cited above, no theoretical framework is given, since the
editors argue that there are "multiple Africas and diverse patterns of same-sex
sexuality" (p. xviii). The continent is divided into four regions, with North Africa
excluded. Each section is introduced with an overview and three to five articles.
There is a balance of gay male and lesbian articles.

Materials from 1732 to the present effectively demolish the myth of the foreign
origins of homosexuality in Africa. There are, however, special patterns. African
societies vary considerably in their tolerance of same-sex behavior, although none
could be called gay-positive. Most homosexuals fulfill their social duties of marriage
and begetting children, and their same-sex activity parallels a conventional family
life. Gay/Lesbian identity and social networks are rare (South Africa being a notable
exception), and a gay infrastructure of bars and meeting places is largely invisible.
That it exists at all, quite outside any western influence, is amply illustrated in the
participant-observer accounts in Murray and Roscoe's book. Approximately one-
third of the book was written by Murray and Roscoe.

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Boy-Wives and Female Husbands opens up a topic that has as often been denied
among Africanist scholars as it is among the political and social elites in Africa. A
great deal remains to be done. While this book contains some fine scholarly articles,
such as Deborah Amory's "Mashoga, [End Page 154] Mabasha and Magai:
Homosexuality on the East African Coast," the mix is quite uneven. The editors
make some suggestions for further research, and one hopes that this book will spur
focused scholarly studies. To this reviewer, what immediately came to mind is
situational homosexuality in work camps and schools; the impact of urbanization; in
traditional societies, the presence and meaning of same-sex behavior in age-sets and
secret...
According to Professor Siliva Tamale, Abrahamic religions (particularly
Christianity and Islam) that often accompany the argument that homosexuality is un
African is un acceptable. She argues that African traditional religions were (and still
are) integrated into the people’s holistic and everyday existence inclusive of
sexuality.
She asserts that many sexual practices that were acceptable in precolonial, pre-
Islamic and pre-Christian Africa were encoded with tags of “deviant,” “illegitimate”
and “criminal” through the process of proselytization and acculturation of Western
Relidions. That its ironic that an African dictator wearing a three-piece suit,
caressing an iPhone, speaking in English and liberally quoting the Bible can dare
indict anything for being un-African.
The struggle to win full citizenship for lesbian, gay, bisexual, transgender and
intersex groups is global. Even in countries where homosexuality has been
decriminalized, the consciousness of the majority has yet to catch up with reformed
laws. In order to completely dispel homophobia from Africa as such, new methods
of advocacy that resonate with African philosophies such as Ubuntu have to
empolyed. This concept encompasses many values — humaneness, solidarity,
interdependence, compassion, respect and dignity. It rejects selfish, paternalistic and
restrictive regulations issued by rulers riding high moral horses in complete
disregard of the interests of their neighbors, their community and their fellow human
beings.
The late Nelson Mandela described this philosophy as “the profound sense that we
are human only through the humanity of others, that if we are to accomplish anything
in this world, it will in equal measure be due to the work and achievements of
others.”

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That homosexuality-is-un-African negates everything that African history and

tradition has transmitted to posterity. A tenet of African philosophy holds that “I am
because you are.” In short, it matters little about the differences that each one of us
displays but much about the essence of humanity that binds us together, she argues
that What really matters is the respect for human dignity and diversity743.

RWANDAN POSTION.
KINGDOM OF RWANDA
In the old Kingdom of Rwanda, male homosexual relations were common among
young Hutus and Tutsis. In 1986, a 19-year-old Tutsi man was recorded as saying
that "traditionally, in his tribe, there was an extended period during which boys lived
apart from the rest of the village while they are training to be warriors, during which
very emotional, and often sexual, relationships were struck up... Sometimes these
relationships lasted beyond adolescence into adulthood.
Watusi still have a reputation for bisexuality in the cities of East Africa." Tutsi boys’
training at court would often be made sexually available to guests. Homosexuals
were referred to as umuswezi or umukonotsi, which literally translate to "sodomite".
Several terms exist for male homosexuality: kuswerana nk'imbwa, kunonoka,
kwitomba, kuranana inyuma and ku'nyo. In addition, there were traditions of "cross-
dressing priests", known as ikihindu or ikimaze, first described by the colonialists as
"hermaphrodites", who would play the role of shamans and healers. Sexual relations
are believed to have included mutual masturbation, intercrural sex and anal
intercourse744.
On 16 December 2009, the Parliament of Rwanda debated whether to make
homosexuality a criminal offense, with a punishment of 5–10 years imprisonment745.
This legislation was similar to the controversial anti-homosexuality bill in the
neighboring country of Uganda746. However, The Rwandan Minister of Justice
condemned and refuted reports that the government intended to criminalize
homosexual acts, saying that sexual orientation is a private matter, not a state
business747.

743
Al Jazeera America's editorial policy.
744
"The idea that African homosexuality was a colonial import is a myth". The Guardian. 8 March 2014.
745
"Anti-gay bill in Uganda challenges Catholics to take a stand". National Catholic Reporter. 27 November 2009.
746
"Anti-gay bill in Uganda challenges Catholics to take a stand". National Catholic Reporter. 27 November 2009.
747
Govt Cannot Criminalise Homosexuality; The Minister of Justice Tharcisse Karugarama. 19 December 2009.

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SOCIETAL ACCEPTANCE QUICKLY DISAPPEARED

AFTER THE ARRIVAL OF THE EUROPEAN
COLONIALISTS AND CHRISTIANITY.
President Paul Kagame assured the Rwandan Diaspora and friends that Rwanda is a
peaceful country where everyone is supportive of each other.
The Rwandan head of state was speaking at Rwanda Cultural Day convened in San
Francisco, California, commended for championing gender equality, the president
was inquired about the possibility of living in Rwanda as LGBT (Lesibian, Gay,
Bisexual and Transgender).
For President Kagame who first took a minute-long pause, said,” it hasn’t been our
problem. And we don’t intend to make it our problem.”
According to Article 26 of Rwanda’s constitution, “Only civil monogamous
marriage between a man and a woman is recognized. No person may be married
without his or her free consent. Parties to a marriage have equal rights and duties
upon and during the subsistence of a marriage and at the time of divorce. The law
determines conditions, forms and effect of marriage.” However, sexual orientation
is a private matter, not a state business.
The Age of Consent in Rwanda is 18 years old. The age of consent is the minimum
age at which an individual is considered legally old enough to consent to
participation in sexual activity. Individuals aged 17 or younger in Rwanda are not
legally able to consent to sexual activity, and such activity may result in prosecution
for statutory rape or the equivalent local law.
Rwanda statutory rape law is violated when an individual has consensual sexual
contact with a person under age 18, regardless of gender or sexual orientation748.
Rwanda is considered a leader in the progress on human rights for LGBT persons in
East Africa.
In 2010 Rwanda eliminated the criminalisation provision from its draft code and
recently signed two UN resolutions on sexual orientation and gender identity, as the
only African nation to do so, Rwanda is a signatory of the United Nations joint
statement condemning violence against LGBTQIA+ people

748
https://www.ageofconsent.net/world/rwanda.

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In September 2019, Albert Nabonibo, a well-known gospel singer, came out as gay
in an interview with a Christian YouTube channel. The Associated Press reported
that his coming out had caused "shock" in a country "where such a public assertion
of homosexuality is unheard of". Despite "horrible" reactions from family and
friends, Olivier Nduhungirehe, the Minister of State for East African Community
Affairs, expressed support for Nabonibo, saying, "All Rwandans are born and
remain equal in rights and freedoms." Nabonibo himself stated that "there is no going
back, because I have to live my real life.749"

WHY AFRICAN CULTURE WILL NEVER SUPPORT

LGBTQ.
Ugandan Case study.
President Yoweri Museveni has condemned western countries for allegedly
attacking African culture, accusing them of attempting to give orders to African
leaders. Museveni made the comments at the National Thanksgiving prayers by the
Inter-religious Council to celebrate the passing into law the Anti-Homosexuality
bill750.
According to different cases such, LBGTQIA+ in Uganda is illegal and prohibited
by law, A case study of the different versions of the case of Nabageresa Jacqline
depicts Ugandans harsh position towards homosexuality regardless of Courts ruling
that discrimination and inhumane treatment of LGBTQIA+ people was un
constitutional, their activities are against the law as their rights are only exercisable
in as far as they conform to public interest and policy. The two different versions
however pose a controversy in terms of protecting and condemning as are
elaborately discussed below.
Kasha Jacqueline, David Kato Kisule and Onziema Patience v. Rolling Stone
Ltd and Giles Muhame751.
The applicants filed a complaint to the High Court alleging that the publication of
an article by the respondents violated their constitutional rights. As relief, they
requested compensation for the pain and anguish caused as well as an injunction
749
Ssuuna, Ignatius (16 September 2019). "Rwandan gospel singer comes out as gay, to country's shock". The
Associated Press. Kigali.
750
NTV Uganda, April 1 2014.
751
High Court of Uganda at Kampala (30 December 2010)

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restraining the respondents from publishing further injurious information about

them.
Facts
The respondents were the publishers of a newspaper called “Rolling Stone”. On 2
October 2010, an article with the title “100 Pictures of Uganda’s top homos leak”
was published in the newspaper. The article accused the gay community of trying to
recruit “very young kids” and “brainwash them towards bisexual orientation”. It
called on the government to take a bold step against this threat by hanging dozens of
homosexuals.
The article published the names and pictures of several members of the Ugandan
LGBT community and provided information about them and, in some cases, their
home addresses. With regard to the first applicant, the article accused her of hosting
at her house gatherings of the gay community, sometimes ending in orgies. The
article also accused the third applicant of planning to recruit children at schools. The
second applicant’s name and address were published in the article and his picture
appeared on the cover.
Issue
Whether the applicants’ rightsto human dignity and protection from inhuman
treatment and to privacy of person and home had been violated
Courts finding.
The applicants first argued that the article had exposed them to possible violence,
ridicule, hatred and “mob justice”, amounting to a threat of violation of their right to
human dignity and protection from inhuman treatment.
Moreover, the call for homosexuals to be hanged, coupled with the threat of violence
and mob justice, amounted to a threat of death without due process. It was therefore
a threat of violation of the applicants’ right to life.
Third, the applicants argued that the article threatened their rights to liberty and to
freedom of movement. They also submitted that the article violated their right to
privacy of the person and home.
The respondents argued that the applicants were not entitled to the relief sought for
several reasons. They had already exposed themselves as homosexuals on the
internet and had also voluntarily appeared in public as homosexual activists.

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According to the respondents, they could not invoke a violation or a threat of

violation of their right to privacy. Furthermore, the applicants had presented no
evidence to show that the article had exposed them to any danger with regard to their
lives or incited any public violence; their claim that their rights to life and freedom
of movement had been violated was therefore ill-founded. Finally, the respondents
noted that homosexuality was a criminal offence under the Penal Code Act. Since
the applicants admitted being homosexuals, they “had not come to court with clean
hands” and should therefore be denied relief.
In determination of the matter, Court restricted itself to two rights only: the right to
human dignity and protection from inhuman treatment, and the right to privacy of
the person and home.
The Court first stressed that the motion under consideration did not concern
homosexuality as such, but rather the alleged infringement or threat of infringement
of fundamental rights and freedoms. Next, the Court affirmed that its jurisdiction
covered infringed rights but also threats to fundamental rights and freedoms. The
fact that the applicants had provided no evidence of actual violence against their
persons or their homes was not relevant.
With regard to the applicants’ right to human dignity and protection from inhuman
treatment, the issue was whether the article threatened or tended to threaten the
human dignity of gay persons in general and, in particular, the applicants.
The Court found that the publication of the applicants’ identities and addresses,
coupled with the explicit call to hang gays by the dozen, tended to “tremendously
threaten” their right to human dignity.
As for the applicants’ right to privacy of the person and home, the Court affirmed
they had “no doubt” that this right had been threatened by the exposure of the
applicants’ identities and addresses in the article.
Lastly, the Court addressed the criminalisation of homosexual acts and noted that,
under section 145 of the Penal Code Act, a person was not considered a criminal
for the sole fact of being gay. In order to be regarded as a criminal, one had to commit
an act prohibited under that provision. The Court thus distinguished between the
being gay and sexual conduct.
The Court held that Rolling Stone threatened the applicants’ rights to human dignity
and protection from inhuman treatment, as well as their right to privacy of the person
and home. The Court issued the injunction sought by the applicants, restraining the
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respondents from publishing more information about the identities and addresses of
Ugandan gays and lesbians.

Jacqueline Kasha Nabagesera & Ors v AG & Anor752

The case was filed at the High Court before Justice Stephen Musota, the facts were
that Jacqueline Kasha Nabagesera and a group called Freedom and Roam Uganda
organized this workshop with the purpose of training LGBTQIA+ activists in project
planning, advocacy, and human rights. The Minister of Ethics and Integrity
intervened and ordered the close of the workshop. He alleged that the workshop was
an illegal gathering of homosexuals prohibited by Section 145 of the Ugandan
Penal Code.
Nabagesera submitted that neither hosting nor attending the workshop constituted a
criminal offense under the terms of Section 145, which solely criminalizes
homosexual acts. She and Freedom and Roam Uganda challenged the actions of the
Minister for closing the workshop, submitting that the closure of the workshop
constituted a violation of their rights to freedom of expression, political
participation, freedom of association, assembly, and equality before the law.
The action of the second respondent to order the closing of the workshop constituted
an infringement of the applicants and other participants’ right to participate in
peaceful activities to influence policies of government through civil organizations
guaranteed under Art 38 to order the closing of the workshop while no other
workshop taking place at the same time, at the same venue was arbitrary and
unjustified and constituted an infringement of the applicants’ and other participants’
rights to equal treatment before the law under Article 21 of the Constitution.
The second respondent in his official capacity as Minister for Ethics and Integrity
appeared at the workshop venue on 14th February 2012 and on allegation that the
workshop was an illegal gathering of Homosexuals ordered the workshop closed and
immediate dispersal of the applicants and other participants.
No other workshop taking place at Imperial Resort beach Hotel Entebbe on 14th
February 2012 was ordered closed. That the closure of the workshop and the
dispersal of the applicants and other participants was unjustified and constituted an
infringement of their fundamental rights on freedoms.

752
Miscellaneous Cause 33 of 2012 (2014) UGHCCD 85.

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The Agreed Issues for Resolution Were as Follows:

Whether by organizing and attending the workshop at Imperial Resort Beach Hotel,
the applicants were engaging in illegal and unlawful activities.
Whether the applicants’ Constitutional rights were unlawfully infringed when the
second respondent closed down their workshop?
Whether the second respondent can be sued in his individual capacity?
Whether the applicants are entitled to the remedies prayed for?
Issue 1: Whether by organizing and attending the workshop at Imperial Resort
Beach Hotel, the applicants were engaging in illegal or unlawful activities.
In his submissions, Mr. Onyango learned counsel for the applicants argued that S.
148 of the Penal Code Act only prohibits homosexual sex acts. That there are no
related offences which are committed by aspersion, suggestion, innuendo or
apparent association. Learned counsel argued that the affidavit of the Minister and
Mr. Abola don’t show that the workshop participants committed any criminal
offence as described under S. 145 of the Penal Code Act. Further that since the
participants were not found engaging in homosexual acts per se nor did they show
intent to commit the acts, there was no crime committed under S. 145 of the Penal
Code Act and therefore the closure of the workshop could not be construed as a
legitimate attempt to prevent the commission of a criminal offence.
Ms Patricia Mutesi, learned counsel for the respondent submitted to the contrary that
the Minister’s affidavit states that he established that the workshop which was
attended by homosexuals aimed to encourage participants to engage in and promote
same sex practices. Further that it aimed to equip them with individual and
organizational knowledge and skills to further their objective of promoting same sex
practices. That the Minister closed the workshop on the ground that the applicants
were using it to promote and encourage homosexual practices which was
unacceptable and unjustifiable in a country whose laws prohibit such practices.
Court obeserved that it is a principle of criminal law that in addition to the
substantive offence, it is also prohibited to directly or indirectly encourage or assist
the commission of the offence or to conspire with others to commit it regardless of
whether the offence is actually committed or not. In the laws of Uganda, S. 145 of
the Penal Code Act prohibits homosexual acts. It provides that: -

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“145. Un natural offences

Any person who-
a) has carnal knowledge of any person against the order of nature;
b) has carnal knowledge of an animal; or
c) permits a male person to have carnal knowledge of him or her against the order
of nature commits an offence and is liable to imprisonment for life.”
Further to this, S.21 prohibits incitement where a person incites another person to
commit an offence whether or not the offence is committed. It provides that such an
offence is punishable by imprisonment for ten years. In the same vein, S. 390 and
391 of the Penal Code Act Laws of Uganda prohibit conspiracy where a person
conspires with another to commit an offence. S. 392 (f) prohibits conspiracy to affect
any unlawful purpose e.g promotion of an illegality.
With the above provisions of the law which are still in force, Justicise Musota agreed
with the submission by counsel for the respondent that the applicants’ promotion of
prohibited homosexual acts in the impugned workshop would thus amount to
incitement to commit homosexual acts and conspiracy to affect an unlawful purpose
which is unlawful.
The applicants relied on the finding of the court in Kasha Jacqueline Vs Rolling
Stone Limited & another753:-
“the scope of S. 145 of the Penal Code Act is narrower than gaysim generally.
That one has to commit an act under S. 145 to be regarded as a criminal”.
The case was however distinguished based on the fact it involved determining
whether the publication of a news Article identifying persons perceived to be
homosexuals and calling for them to be hanged, violated their rights, as such, it's
interpretation in relation to the scope of S. 145 of the Penal Code Act was limited
to whether in the absence of evidence of homosexual acts, persons “perceived” as
homosexuals had committed any offence which would warrant such treatment by
the Newspaper. In fact, the above case did not involve any allegation of promotion
of homosexual practices. As such, the trial judge in that case was never called upon
to consider other sections of the Penal Code Act relating to promotion or incitement
of any offence.

753
Misc. Cause 163 of 2010.

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Court relied on affidavit evidence on record and found ample proof that the first,
second and third applicants were members of the lesbian, gay, bisexual, transgender
and intersex LGBTQIA+ community in Uganda which encourages same sex
practices among homosexuals. This proof can be found in the affidavit of the
Minister, the second respondent. The Minister’s affidavit was not rebutted by any of
the applicants thus leaving the following averments intact that:
The first, second and third applicants’ organizations (FARUG and SMUG) have
previously organized workshops targeting homosexuals which were organized with
LGBT organizations which encourage homosexuals and support or fund their
projects. (see paragraph 5 of the affidavit).
In these workshops, homosexual participants were taught ‘Human Rights’ and
Advocacy that it is a human right for persons to practice sex with members of the
same sex and encouraged to develop self-esteem and confidence about the practices.
They were encouraged to train other homosexuals and to conceal the objectives of
training activities from the public and law enforcement officers because the practices
are prohibited by the law. (see para 6 of the record)
Further to this, the Minister deponed that participants in the workshops were trained
to become more adept in same sex practices by distribution of same sex practice
literature and information, and training on same sex among homosexuals. In
paragraph 7, the Minister reveals that the participants were trained to similarly train
other homosexuals and strengthen their LGBT organizations to achieve the objective
of encouraging and supporting homosexuals. According to paragraph 8, participants
were also encouraged to train other homosexuals in ‘Human Rights and Advocacy
training’, ‘project planning’, ‘Advocacy and leadership’ with the aim to equipping
homosexuals with the confidence, knowledge and skills to conduct and promote their
same sex practice.
The evidence adduced by the second respondent was minutely corroborated by that
of George Oundo, a former associate of the applicant. This evidence was equally not
rebutted by the applicants. He avers that the first, second and third applicants are
admitted homosexuals and head or belong to LGBT organizations that is FARUG
and SMUG which conduct activities aimed at encouraging, supporting and
promoting same sex practices among homosexuals in Uganda. This revelation is
contained in Oundo’s affidavit.
Further evidence revealed that the applicants’ organizations and a Swedish LGBT
organization (RFSL) participated in project activities which encouraged
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homosexuals to accept, continue and improve their same sex practices including
distributing homosexual literature/videos, illustrating same sex techniques; training
homosexual youths to safely engage in the same sex practices by distributing
condoms and literature on safe gay sex which would effectively help them
implement the project activities. (see para 20) According to Mr. Oundo in paragraph
21, workshops’ participants were encouraged to share experiences of their
homosexual practices.
Although the first applicant swore an affidavit in rejoinder, it only had general
denials and was restricted to FARUG. There was no rebuttal of Mr. Oundo’s detailed
evidence that FARUG’s project activities encouraged same sex and conducted
training in project planning, advocacy and leadership with the aim of equipping
homosexuals and members of LGBT organizations to effectively carry out such
activities. All these activities amount to direct or indirect promotion of same sex
practices.
Available evidence shows that the applicants’ closed workshop was aimed at
encouraging persons to engage in and or promote same sex practices in future. The
organizers and participants were not willing to open their workshop activities to
scrutiny. According to the affidavit of the Minister and Mr. Abola, unlike other
workshops, the applicants’ workshop was not displayed at the hotel. The first
applicant refused Mr. Abola a government official to observe the workshop
proceedings and by the time the Minister arrived to observe the proceedings, they
had been halted and the participants were having a break. In view of the law cited
above, it was reasonable and justified for the Minister to conclude that this workshop
was engaging in direct and indirect promotion of same sex practices which is
prohibited by S. 145 and 21 of the Penal Code Act.
Court observed that the Minister acted in public interest of Uganda to protect public
moral standards which fall under his docket and as such, the applicats activities were
found to be unlawful.
Issue 2: whether the applicants’ Constitutional rights were unlawfully
infringed when the second respondent closed the workshop.
The applicants alleged that the Minister’s actions violated their rights to freedom of
expression, political participation, freedom of association, assembly and equality
under the Constitution.

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On the other hand, the Minister justified the closure on the basis that it was aimed at
encouraging and promoting homosexual practices which was unacceptable and
unjustifiable in a country whose laws prohibit such practices and that his action was
undertaken in public interest.
Counsel for the Respondent referred to Article 43 of the Constitution which permits
limitations of derogabe human rights in the public interest. Under the Constitution,
these rights are guaranteed to all persons. However, they don’t fall within the
category of non- derogable rights under Article 44. Therefore, the exercise of such
rights can be limited in certain instances.
Article 43 of the Constitution states that:
“1. In the enjoyment of the rights and freedoms prescribed in this chapter, no person
shall prejudice the……. rights and freedom of others or public interest.
2. Public interest under this Article shall not permit
a) Political persecution
b) Detention without trial
c) any limitation………. that is beyond what is acceptable and demonstrably
justifiable in a free/ democratic society, or what is provided in this Constitution.”
His Lordship observed that Article 43 recognizes that the exercise of individual
rights can be validly restricted in the interest of the wider public as long as the
restriction does not amount to political persecution and is justifiable, acceptable in a
free democratic society.
In reference to the facts, the applicants despite exercising their rights of expression,
association, assembly among others as granted under the Constitution were
promoting prohibited acts which amounted to action prejudicial to public interest.
Promotion of morals is widely recognized as a legitimate aspect of public interest
which can justify restrictions.
International Human Rights Instruments reflect this aspect. For example, Article 27
of the African Charter of Human and Peoples’ Rights (ACHPR) states that: -
“The rights and freedoms of each individual shall be exercised with due regard to
the rights of others, collective security, morality and common interest.
ACHPR also recognizes that: -

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Article 17(3); The promotion and protection of morals and traditional values
recognized by the community shall be the duty of the state.
Article 29(7) ………. every individual has a duty to preserve and strengthen positive
African cultural values and to contribute to the moral well being of society”.
Court observed that under Ugandan law, the heading to Chapter XIV of the Penal
Code Act is “Offences Against Morality" where several acts including homosexual
acts are prohibited because they are contrary to Ugandan moral values.
His Lordship agreed with Counsel for the Respondent that criminal law by its very
nature is concerned with public interest and aims at safeguarding it. Indeed, crime is
recognized as an unlawful act against the public which is punished by the state for
being contrary to order, peace and the well-being of society. Because criminal law
forbids and aims at prevention of conduct which threatens or inflicts substantial harm
to the individuals or public interest, it can also create valid restrictions on the
exercise of rights. Thus, in order to maintain the well being of society, criminal law
can restrict unlawful exercise of human rights which is justified under Article 43
which provides for restrictions on derogable rights in public interest.
In relation to the complaints by the applicants herein, their promotion of prohibited
acts by the workshop organizers was unlawful, since such promotion in itself is
prohibited by law as amounting to incitement and conspiracy to effect unlawful
purposes. Since the applicants in the exercise of their rights acted in a manner
prohibited by law, it was not a valid exercise of these rights and was also prejudicial
to public interest.
In trying to show that the applicants’ rights were violated, learned counsel for the
applicant cited the provisions of international Human Rights Instruments to
elaborate the scope of those rights. The applicants complained that the Minister’s
actions violated their right to freedom of expression. Freedom of expression is
guaranteed under Article 29 (1)(a) of the Constitution.
Courts response was that under Article 43 this right is restricted in public interest.
It is trite law that any rights must be exercised within or according to the existing
law. The exercise of rights may be restricted by law itself. Therefore, any expression
is restricted in as far as it must be exercised according to the law. This is recognized
under Article 9 (2) of the African Charter on Human and Peoples rights
(ACHPR) which states that: Individuals have the right to express and disseminate
opinion within the law

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In order to prove that the applicants’ freedom of expression was violated, learned
counsel for the applicants referred to the case of Law office Ghazi Suleiman Vs
Sudan II754 in which Mr. Ghazi was restricted from gathering to discuss (and
promote) human rights. The state of Sudan claimed that it had restricted his speech
because it was a threat to national security and public order and thus prejudicial to
the public interest.
The African Commission on Human Rights held that under Article 9 of the
ACPHR, expression has to be exercised within the law although learned counsel for
the applicants omitted to state this. It found that there was no evidence that Mr. Ghazi
had acted outside the law since, his speech always advocated for peaceful action and
had never caused any unrest. In other words, Mr. Ghazi in exercising his speech and
discussing human rights had acted within the law.
His Lordship however rejected the applicants argued on that Ghazi’s case and
distinguished it, as Mr. Ghazi did not exercise his freedom of expression to promote
any illegal acts. Court noted that the applicants on the contrary were using the pretext
of training in human rights advocacy to promote homosexual acts which are
prohibited by the Ugandan laws.
The applicants argued that the workshop was intended to train participants on how
to advocate their human rights, build leadership and project planning skill as well as
share experiences. Evidence on record by affidavits of the Minister and George
Oundo however showed that the training actually aimed at equipping participants to
lead organizations which support homosexual acts and plan and implement projects
which promote homosexual acts. His Lordship found on a balance of probabilities
that the closing of the workshop stopped participants from discussing human rights
and developmental topics thus violating their right to freedom of expression.
The case of Charles Onyango Obbo v AG755 was cited and relied on by the
applicants to highlight that even if the Minister's assertion that the applicants were
gathered to promote homosexuality was correct, such a proposition would not justify
any infringement on the right to freely express one’s opinion that a person’s
expression is not excluded from Constitutional protection simply because it is
thought by others to be erroneous, controversial or unpleasant.

754
(2003) AHRLR (ACHPR 2003)
755
Constitutional Appeal 2004 UGSC 81.

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Court observed that protection of ‘unpleasant’ or controversial, false or wrong

speech does not extend to protecting the expression that promotes illegal acts which
in itself is prohibited and in fact amounts to the offence of incitement or conspiracy.
Regarding the right to political participation, learned counsel for the applicants relied
on Article 38(2) of the Constitution which guarantees persons the right to participate
in peaceful activities to influence the policies of government through civic
organizations, court however found that exercise of such a right necessitates a
conduct in accordance with the law. If the exercise of this right is contrary to the law
then it becomes prejudicial to the public interest and there can be a valid restriction
on the exercise of the right under Article 43.
Counsel for the applicants further cited Article 7 of the UN Declaration on Protect
of Human Rights which guarantees everyone the right individually and in
association with others to develop and discuss new human rights ideas and to
advocate their acceptance. The same declaration however recognizes that people can
be restricted in these activities in accordance with the law. Court considered Article
3 thereof and relied upon by the respondents to bring out exception clearly out. It
states that: - “domestic law is the framework within which human rights are enjoyed
and in which human rights promotion activities should be conducted.” This in effect
was an exception to Article 7 given that the Domestic law is supreme and all acts
should be within and conform to it.
On the applicant’s freedom of association and assembly, Article 29 (1)(d) and (e) of
the Constitution which guarantees these rights was cited by the applicants Counsel
but Court considered the respondents submission that these rights come handy with
the corresponding duty and requirement that persons exercising them must act in
accordance with the law. This is equally provided for under Article 10 of the
ACHPR relied upon by both learned counsel.
The applicants cited the case of Civil Liberties Organizations Vs Nigeria756, in
which the commission considered whether the composition and powers of a new
governing body for the Nigerian Bar Association violated inter alia Nigerian
Lawyers’ right to freedom of association under Article 10 of the African Charter.
The case related to Government interference with the formation of associations and
restrictions on the capacity of citizens to join associations. The African Commission
held that that the requirement that the majority of the membership of the Nigerian
Bar Association be nominated by the Nigerian Government instead of the lawyers
756
101/93 [8th Annual Activity Report 1994 – 1995.

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themselves was an interference with the right to free association of the Bar
Association.
Court however held that "the instant case was distinguishable from the cited
authority by learned counsel for the applicants. In the case under consideration, the
Minister’s action was based on the agenda and activities of LGBT organizations in
promoting homosexual acts. There was no interference in the formation of these
organizations, their existence or membership. Their activities were only restricted
when it was established that they were using the workshop to promote prohibited
and illegal acts".
The implication of Courts ruling on this poses a controversial issue as it establishes
that registration of LBGTQIA+ organizations isn't illegal but rather using them to
promote illegal prohibited acts is what's illegal and against public interest. This is
ironic in the sense that providing a forum for a wrong and then condemning the
wrong later on undermines the very intention of the law against wrong and criminal
acts.
Learned counsel for the applicant cited Article 1 of the UN General Assembly
declaration on promotion of Human Rights which states that persons shall have
the right individually or in association with others to discuss and advocate for new
human rights ideas and principles. But as I have already noted in this ruling, Article
3 of the same declaration provides that domestic law is the framework within which
human rights are enjoyed and all activities shall be conducted.
Regarding freedom of assembly, learned counsel for the applicant cited a case of
Baczowski & ors versus Poland757. He supplied a summary of the courts decision
but he made a lenghtly quotation of the court decision which I could not readily
verify. However, the European court of Human Rights held that refusal to allow pro-
homosexuals group to assemble and promote their homosexual lifestyle was a
violation of right of assembly.
Court noted that at the time of the said decision, Poland had no law which prohibited
homosexual acts since 1932 when they were recognized by the law. The cited case
was therefore distinguishable from the instant because by the time of determining
that case, homosexuals were legally entitled to promote their practices and there was
no illegality arising from the exercise of their right to assemble. Court relied on the
Respondents’ Document 1 on LGBT Rights in Poland.

757
Application No. 1543 of 06.

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The European court of Human Rights correctly held that the refusal to grant them a
permit to assemble could not be justified in the public interest and amounted to an
unlawful restriction of their right to assemble.
Learned counsel for the applicant argued that the approach taken by the European
Court on Human Rights is analogous and is a compelling basis for interpreting
Article 29 of the Uganda Constitution, this was however rejected by Court, Justice
Musota noted that that court’s approach should be viewed in the context that there
is no member country of the European community which prohibits homosexual acts
which reflects the moral standards of Europe not African standards.
Court hailed that the respondent’s submissions that Ugandan circumstances are
different because homosexual acts are offences against morality and culture and their
promotion is prohibited by law making it prejudicial to public interest. Uganda and
Europe have different laws and moral values and accordingly define their public
interests differently. As rightly put by learned counsel for the respondents, Uganda
is not signatory to the European Convention on Human Rights. Therefore, its
precedents are not binding but must be read in a manner consistent with Ugandan
laws and norms. The suggestion by learned counsel for the applicants that the
European standard should be applied while considering Uganda’s obligation under
the African Charter to which it is signatory is misconceived. Article 61 of the Charter
states that the African Commission is obliged to take into consideration international
conventions which lay down rules expressly recognized by Member States of the
OAU. It must also consider African practices consistent with international norms,
customs generally accepted as law and principles of law recognized by African states
as well as legal precedents and doctrine. As rightly argued by the respondents,
international jurisprudence is considered as a legal precedent depending on whether
the cited rules and legal principles are expressly recognized by African states and
reflect African practices.
The court took note that the recognition of homosexuals as a Minority whose acts
are legitimately protected is not a principle of law and norms generally recognized
by all African states nor are homosexual acts recognized as an accepted African
practice. Its promotion is an unlawful exercise of the right to association and
assembly which is prejudicial to Uganda’s public interest.
Learned counsel for the applicant also made an on equality under the law saying that
the actions of the second respondent treated the applicants differently from other
Ugandans who were holding workshops at the same hotel on the same day and thus

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violated the right to equal treatment before and under the law. He cited Article 21
(1) of the Constitution which provides that: -
“all persons are equal before and under the law in all spheres of political, economic,
social and cultural life and in every other respect and shall enjoy equal protection of
the law.”
The applicants Counsel sought to rely on the case of Thomas Kwoyelo Vs Attorney
General758 where the applicant had been denied amnesty yet the same had been
granted to 24,066 other people. Court held that the DPP had not given any objective
and reasonable explanation why he did not sanction the amnesty application of the
applicant which was inconsistent with Article 21 (1) of the Constitution.
However, His Lordship held a different view similar to that of the respondent, that
the ordinary meaning of persons being equal before and ‘under the law’ in Article is
that all persons must always be equal subject to the existing law even when
exercising their rights. Where the law prohibits homosexual acts and persons
knowingly promote those acts, they are acting contrary to the law. Such persons
cannot allege that the actions taken to prevent their breach of the law amount to
denial of ‘equal protection’ of the law because the law-abiding people were not
equally restricted. There is no evidence adduced by the applicants to show that the
other workshops which were not stopped also organized and were attended by
homosexuals and members of LGBT organizations or that they had the same agenda.
Since the applicants were engaging in the promotion of acts contrary to the law
which law has not yet been declared unconstitutional they could not enjoy the same
protection of the law persons who were acting in accordance with the law were
enjoying. Had the applicants acted otherwise their workshop would have proceeded
like the other workshops. The case of Thomas Kwoyelo (supra) was found to be
distinguishable because what Thomas sought was provided by the law. The court
found that it was discriminatory that Kwoyelo was denied amnesty which had been
granted to other rebels for the same acts of rebellion and under the same Act and the
DPP had not given any objective explanation for the difference in treatment.
Counsel for the applicants referred in his submissions to permissible limitations of
rights sighting Article 43 of the Constitution. He submitted that no person shall
prejudice the public interest or permit political persecution, detention without trial
beyond what is acceptable and demonstrably justifiable in a free and democratic

758
Constitutional Reference No. 36 of 2011.

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society. He further submitted that Article 43 reflects what he called the Siracusa
Principles759.
His Lordship reemphasized that the restriction of the applicants’ rights was done on
the basis that they were promoting illegality in the exercise of their rights. He noted
that its trite law that the prevention of promotion of illegal acts is clearly acceptable
and justifiable in any free and democratic society because it is based on the law. All
democratic countries are founded on the rule of law. This court cannot determine
whether the law prohibiting homosexual acts, that is, S. 145 of the Penal Code Act
or their incitement is justifiable or acceptable in democratic countries, because this
would necessitate interpretation of the Constitution as to whether the law is
consistent with Article 43 of the Constitution.
It is the Constitutional Court which is mandated to do so. It is therefore irregular for
learned counsel for the applicants to raise the issue in an application for enforcement
of rights in the High Court. I can only note that limitation or restriction on rights can
be acceptable and demonstrably justifiable if it is not so wide as to put the right itself
in jeopardy see: Onyango Obbo Vs Attorney General760.
I am of the considered view that in the circumstances of the case under consideration,
the essence of the rights to expression, association, assembly, political participation
and equality under the law were not jeopardized and the rights remain available to
the applicants. The actions of the second respondent were permissible limitation of
the applicants’ rights.
In his submission, learned counsel for the applicants acknowledged that under
Article 27 of the African Charter morality is recognized as a legitimate interest
justifying the restriction of rights yet on the other hand he argued that the Minister’s
attempt to prevent the promotion of homosexuality on the basis of traditions, culture
and morality in Uganda is not a permissible restriction on rights. He cited the case
of Re Futyu Hostel, Tokyo HC Civil761 but did not supply that authority but the
case is indicated in Annexture 12. In the said case, learned counsel submitted that
the Japanese Court held that the possibility of same sex activity was not a justifiable
reason to deny homosexuals from using a public hostel facility and amounted to
undue restriction on their right. However, as rightly argued by learned counsel for
the respondent the said case is distinguishable because Japan has not had laws

759
UN Doc E/CN.4/1984/4 (1984)
760
(supra)
761
4th Division Japan of 1997

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prohibiting homosexual acts since the year 1980 as per the respondents’ Document
No.3 on LGBT Rights in Japan. As such there was no legitimate basis to restrict
same sex activity in Japan.
Learned counsel for the applicant also relied on the fact that the UN Human Rights
Committee (UNHRC) criticized the use of protection of public morals as a basis for
derogating from rights in relation to homosexuality. However, these were views or
observations of the UNHRC which are not legally bidding on the UN member states
and are unenforceable against the involved state party. In Uganda, the only forum
which can determine if protection of public morals is justifiable as a basis for
limiting homosexual rights under Article 43 or if legal restrictions such as S.145 of
the Penal Code Act is inconsistent with Uganda’s obligations under International
Law are our National Courts. Decisions from South Africa, Indian and Hong Kong
which learned counsel for the applicants relied on reflect what those national courts
have determined as to what amounts to public interest of those countries and as such
are not bidding on Uganda. Since public interest is defined by a country’s
fundamental values, it differs between countries.
In as far as there is no legal challenge to the validity of S. 145 of the Penal Code Act,
it is still valid and bidding on all courts in Uganda, regardless of whether there are
foreign precedents stating that prohibition of homosexual acts as offences against
morals is unjustified restriction on rights if the homosexuals.

Issue 4: WHETHER THE APPLICANTS ARE ENTITLED TO THE

REMEDIES PRAYED FOR
Court conclusioned that while the applicants enjoyed the rights they cited, they had
an obligation to exercise them in accordance with the law. I have also concluded that
in exercising their rights they participated in promoting homosexual practices which
are offences against morality. This perpetuation of illegality was unlawful and
prejudicial to public interest. The limitation on the applicants’ rights was thus
affected in the public interest specifically to protect moral values. The limitation
fitted well within the scope of valid restrictions under Article 43 of the Constitution.
Since the applicants did not on a balance of probabilities prove any unlawful
infringement of their rights, they are not entitled to any compensation. They cannot
benefit from an illegality.

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The applicants also prayed for declarations that the actions of the Minister amounted
to a breach of their Constitutional rights. From my conclusions, the applicants are
not entitled to these declarations. The prayer for an injunction cannot be granted
since it was not pleaded in the application. Consequently, this application is hereby
dismissed with costs to the respondent.
KEY ISSUES FROM COURT'S DECISION.
Justice Stephen Musota delivered the opinion of the High Court of Uganda at
Kampala. He acknowledged that Article 43 of the Constitution of Uganda allows
certain constraints to be placed on human rights in favor of the public interest.
Furthermore, Justice Musota argued that these restrictions can be made as long as
they “do not amount to political persecution and [are] justifiable [and] acceptable in
a free democratic society”.
However, Justice Musota determined that, even though the applicants had been
exercising their rights to freedom of expression, association, and assembly, they
were, in fact, promoting prohibited and illegal acts. According to Musota, the
promotion of prohibited acts was prejudicial to the public interest.
He also established that the “promotion of morals is widely recognized as a
legitimate aspect of public interest which can justify restrictions”. Musota
determined that the Ugandan laws prohibited their acts. For these reasons, he
determined that organizing the workshop was not a valid exercise of their rights and
constituted an act contrary to the public interest.
His Lordship added that Article 9 of the African Charter on Human Rights and
Peoples’ Rights states that the expression has to be exercised within the law, which
law has to be domestic. According to Justice Musota, the applicants had not
exercised their rights within the law because they promoted homosexual acts
prohibited by Section 145 of the Ugandan Penal Code. Also, Musota considered that
the protection of unpleasant, controversial, false, or wrong speech is not extended to
protecting the expression that promotes prohibited and illegal acts. Therefore, he
concluded that the closing of the workshop had not violated the applicants’ right to
freedom of expression.
The Court's decision also pointed to the doctrine of precedents simply used to
establish that The European Court's and other Court's positions on allowing
homosexuality can't be binding on Ugandan Courts as their decisions are only
persuasive.

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Uganda is expected to propose a new anti-gay bill on Wednesday, according to an

audio recording of the country’s speaker of parliament
The Speaker during a parliamentary session and also on her twitter handle
“@AnitaAmong” stated that “We gathered earlier today to dedicate to the Lord, and
I pledged to the Country that a Bill will be introduced as soon as possible to deal
with Homosexuality and lesbianism. We shall jealously protect our cherished values
and culture”. This clearly depicts the fight against homosexuality with high chances
of new anti-gay laws.
Sexual minorities have traditionally faced widespread persecution in the country,
where anti-gay and transphobic views are common. Frank Mugisha, the executive
director of leading gay rights organisation, Sexual Minorities Uganda, which was
suspended by the authorities last year, said he had already been inundated with calls
from LGBTQ people who are fearful about the proposed law. "Homosexual acts are
already illegal and a new law would mean more harassment and discrimination
against people who are already vulnerable," he said.
But, while homosexual acts are illegal in Uganda, there has not been a conviction
for consensual same-sex activity since the country’s independence from Britain in
1962.The news of the proposed bill comes as conspiracy theories blaming shadowy
international forces for "promoting homosexuality" flood Ugandan social media762.
This accusation is routinely directed at Western governments and aid agencies in the
country, who repeatedly defend the LGBTQ community from attacks related to their
identity.
At the same time, the Ugandan government last month set up a committee to
investigate the alleged "promotion" of gay, lesbian, and transgender rights in
schools.
The Ugandan Authorities also banned the use of rainbow drawings painted on a
building in a children's park after an outcry from parents who said the "satanic"
drawing promoted homosexuality in the Christian-dominated country.
A local organisation had painted one of the towers in the Entebbe city park in
rainbow colours as part of the beautification of the area.
The Mayor Fabrice Brad Rulinda however noted with regret that for years, children
in Uganda only saw the rainbow as a beautiful arc of colours and one that biblically
762
https://www.africanews.com/2023/02/28/uganda-appears-to-be-planning-a-new-anti-gay-law//

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reflects the beauty and majesty of God regretting but some movements decided to
use the rainbow to represent certain acts that go against the norms of the Ugandan
people763.
The Mayor also noted with concern the need to fight against all vices that can corrupt
the minds of children and it is in this context that the concerns raised by the public
have were addressed and the rainbow paint removed from the children's park.
Emmanuel Mugabe, a member of the National Parents Association, told AFP the
rainbow colours on the tower were "satanic" and signaled "an invasion of
homosexuality through the manipulation of the minds of children".
On 3rd March 2023, Parents and members of the old student’s body of PMM Girls
School in Jinja stormed the school on Friday to protest over accusations of
promoting homosexuality against one of the teachers.
The Independent reported that Rose Kalembe, the chairperson of the old girl’s
student’s body said that the protest was sparked by the school administration’s
reluctance to handle complaints raised by parents about the conduct of a teacher
identified as Lydia Mukoda764.
Kalembe explained that dozens of parents approached them with allegations that
their children had been sodomized by the same teacher. She added that several
meetings have also been held with the school and the teacher, who consistently
denied the claims as baseless.
A parent who spoke on condition of anonymity accused Mukoda of sodomizing her
daughter, who completed her O’Level at the school last year but developed
complications that might affect her ability to continue with school.
Martha Mulondo, another parent said that Madam Mukoda was earlier known for
being friendly to the girls until her behaviour started being questioned in different
meetings. She however added that the school administration was reluctant to
thoroughly investigate the matter.
According to Daily Monitor, thousands of Muslim demonstrators took to the streets
of Jinja City a protestation, on Friday 26 Feb 2023 condemning homosexuality 765.
The protesters shouted slogans and held placards with words such as “say no to

763
https://www.africanews.com/2023/02/02/uganda-rainbow-on-building-erased-after-homosexuality-controversy//
764
https://www.independent.co.ug/parents-storm-pmm-girls-over-homosexuality-claims.
765
Daily Monitor, Muslims march against homosexuality Sunday, February 26, 2023

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LGBTQ”, “homosexuality and lesbianism is sin”, “Gayism is evil”, “homosexuality

is not African culture” and “No room for LGBTQ”.
The protestors, who also included children from different primary and secondary
schools, and leaders from other religious groups, also organised an anti-LGBT rally
at Faisal Mosque at Mvule Crescent in Jinja City on Friday.
The chairperson of the Union of Eastern Muslim Scholars, Mr Shafie Songolo, said
that it’s a human principle that our [body] organs are similar in nature but their
functions are totally different.
“The mouth and nose are open in nature but their functions are totally different. You
cannot breathe through your mouth because God created a nose with hair inside that
filters dust. Having different organs does not mean they will help each other in
performing a certain task,” he said.
The Jinja City Education Officer, Mr Haruna Mulopa, urged school heads to monitor
their students’ characters to avoid cases of homosexuality.
“These LGBT groups target schools, especially poor children, give them money and
vehicles. Teachers, you must monitor those rich students at your schools because
some of them are funded to spread homosexuality,’’ he said.
Busoga Bishop Moses Samson Naimanye said they distanced themselves from the
Church of England that endorsed same-sex relations.
The national chairperson of Uganda Muslim Supreme Council (UMSC), Prof
Muhammad Lubega Kisambira, urged parents to talk about LGBT to their children
so that it can be stopped. He noted that “Although we grew up knowing that talking
about sex to our children is not right until they are adults, let us talk about
homosexuality with our children. Senior female and male teachers, play your role.
The funders target children in secondary, tertiary and university,”.
The Jinja District Kadhi, Sheikh Ismail Basoga, urged the government to ban all
non-government organisations that are promoting homosexuality in Uganda.

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CHAPTER FORTY-NINE
KENYAN CASE STUDY
In an interview with President Obama and President Kenyatta, Homosexuality was
considered and President Obama argued that to treat people differently because they
are different erodes Human rights and was wrong, However President Kenyatta
responded by arguing that despite shared views between America and Kenya,
Kenyan cultures and tradition values are different and can’t condone homosexuality.
The Kenyan Courts in a couple of cases have However recognized Gay rights with
dissenting judgments on the same as evident in the case of Eric Gitari v Non-
Governmental Organizations Co-ordination Board where The High Court,
Constitutional Court and Supreme Court had different views as disused below766
Article 36 of the Kenyan Constitution guarantees the right to freedom of
association for all persons. This includes members of the LGBTI community. By not
allowing an NGO focused on protecting the rights of the LGBTI community, the
Non-Governmental Organizations Coordination Board (the Board) violated that
organization’s constitutional right to association. Accordingly, the Board’s decision
was overturned, and they were directed to allow to the NGO to register.
FACTS
Eric Gitari attempted to register a non-governmental organization (NGO) seeking to
advance human rights in Kenya. Specifically, the NGO was meant to focus on the
violence, discrimination, and other human rights violations regularly perpetrated
against the LGBTI community. The Board, the government entity tasked with
coordinating and regulating NGO activity in Kenya, rejected the application due to
the NGO’s name including references to gays and lesbians. In Kenya, gay and
lesbian conduct has been criminalized. The Board has the authority to reject an NGO
whose name is, “in the opinion of the Director, repugnant to or inconsistent with any
law or is otherwise undesirable.”

766
EG v Non- Governmental Organisations Co-ordination Board & 4 others [2015] eKLR.

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After multiple, unsuccessful attempts to revise the name, Gitari filed suit against the
Board for declaratory relief, arguing that the failure to recognize the NGO was a
violation of his and others’ constitutionally guaranteed right to assemble and
requesting an order of mandamus to force the Board to register the NGO.
HIGH COURTS FINDINGS.
The High Court of Kenya at Nairobi focused its analysis on two main issues:
1) whether gay, lesbian, transgender, bisexual, and intersex individuals have the
right to assemble under Kenya’s Constitution, and
2) if they do have that right, whether the Board’s decision to refuse the NGO’s
application violated that right.
Article 36 of The Kenyan Constitution holds that any person has the right to
freedom of association, including the right to form, join, or participate in the
activities of any association. Further, it provides that any legislation that requires
registration of a group must conform to the principal that such denial of a registration
must not be unreasonable. The Court initially concluded that the NGO is a person
under the Constitution, as organizations are defined as persons elsewhere in the
Constitution. Accordingly, the NGO is guaranteed the right to freely assemble.
The Court then addressed the legal effect of laws preventing homosexual acts as they
affect the right to assemble. While there are laws prohibiting homosexual activity
in Kenya, those laws have no effect on the fundamental right to association. Rather,
the right to freely assemble cannot be applied to prejudice any group, regardless of
how anyone views their opinions. Only if the NGO had been acting illegally could
the Board have prevented its right to form an association. As the NGO was only
seeking to promote the equal rights and protection of the LGBTI community, not to
actively promote or participate in the illegal activity of homosexual intercourse or
marriage, the Board could not block its right to assembly under the illegality
exception.
The Board further contended that it had not rejected the NGO’s registration entirely,
but argued that it rather had an issue with its name. The Board asserted that once a
proper name was submitted the NGO would be allowed to register. The Court also
rejected this distinction, holding that regardless of the reasoning behind the rejection,
rejecting the name in this context was equivalent to rejecting the NGO as a whole,
which was on its face a violation of the freedom of association.

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The Court, after finding the rejection of the NGO’s application to be a limitation on
the freedom of association, then turned to the question of whether such a limitation
was justifiable. Under Article 24 of the Kenyan Constitution, freedoms
guaranteed, such as the freedom of association, can only be limited if it is reasonable
and justifiable in a “democratic society based on human dignity, equality and
freedom.” The Board relied on the criminal ban of certain sexual activities to argue
that its limitation was reasonable. However, as noted above, the NGO was not
actively engaging in any of those illegal activities itself and was therefore not in
violation of any law. Additionally, those criminal bans do not speak to the rights of
those in the LGBTI community to exist or associate with each other. As such, there
is nothing in the law that would allow the Board to be reasonably justified in limiting
the freedom of association of the NGO.
Moreover, the Court found the Board had actually relied on moral and religious
grounds in deciding not to register the NGO. In the Court’s view, that decision was
tantamount to the exact discrimination that is banned under Article 27 of the
Constitution.
Court also noted that the Constitution does not cease to apply just because a
particular group may be seen as undesirable or unpopular. Rather, Article 27
guarantees that all individuals are equal before the law. Not allowing the NGO to
register for its views was a violation of the non-discrimination doctrine.
Accordingly, the Court held that the Board’s ban violated the Constitution and
ordered the Board to allow the NGO to register with its chosen name.
Accordingly, Court stated that;
‘In the circumstances, we are satisfied that the petition is merited. We therefore allow
the same, and grant the following declarations and orders’:
i. We hereby declare that the words “Every person” in Article 36 of the Constitution
includes all persons living within the republic of Kenya despite their sexual
orientation.
ii. We hereby declare that the respondents have contravened the provisions of
Articles 36 of the constitution in failing to accord just and fair treatment to gay and
lesbian persons living in Kenya seeking registration of an association of their choice.
iii. We declare that the petitioner is entitled to exercise his constitutionally
guaranteed freedom to associate by being able to form an association.

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iv. We hereby issue an order of Mandamus directing the Board to strictly comply
with its constitutional duty under Article 27 and 36 of the Constitution and the
relevant provisions of the Non-Governmental Organizations Co-ordination Act.
The High Court decision was with implication that Gay ogarns could be registered
and enjoy the different rights under The Kenyan Constitution such as The right to
freedom of association, expression and movement in consideration that the NGBO
had infringed the applicants rights.

COURT OF APPEAL DECISION.

In a later Court of Appeal case of Eric Gitari v Attorney General & another767,
the petitioner petitioned Court to declare Sections 162 and 165 of the Kenyan
Penal Code768, to be unconstitutional, and accordingly void and invalidate them to
the extent that they purport to criminalize private consensual sexual conduct between
adult persons of the same sex, (relevant conduct), as mandated by Articles 2 (4), and
23 (3) (d) of the Constitution.

MAJORITY DECISION.
Justice Isaac Lenaola however noted that the huge debate in the public domain with
civil society and others arguing that Kenya's laws that discriminate against LGBTIQ
persons and their intimate activities based on the grounds of their sexual orientation
are unconstitutional and therefore void.
‘The basis of which has been the evolution of thinking around human rights, so that
human rights are now considered to include LGBTIQ rights and that human rights
cannot be implemented selectively. But others seem to reason that this kind of
thinking is based on opportunism by the proponents of human rights for the LGBTIQ
community and therefore has no place in law.’
His Lordship further holds that ‘These issues, as I have hereby articulated raise
several questions. Although on the subject of delivery of public services I am aware
that the Kenyan Government has reiterated that it does not support discrimination
against the LGBTIQ community, same sex acts, by virtue of the national law such

767
Petition [2016] eKLR.
768
The Penal Code of Kenya Cap 63.

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as the Penal Code, CAP 63 are still considered as offences and as acts that are
contrary to culture and the society’s morals.’
The court observed that just like everyone else, they have a right to freedom of
association which includes the right to form an association of any kind. They further
held that the LBGTIQ, just like other citizens, are subject to the law including
sections 162, 163 and 165 of the Penal code, and would be subject to sanctions if
they were to contravene such law.
Accordingly, the learned Judges observed that the fact that the State does not
prosecute people who confess to being lesbians and homosexuals in this country, is
a clearmanifestation that such sexual orientation is not criminalized.
To that end, the court found that the Penal Code does not criminalize the right to
freedom of association of people based on their sexual orientation nor does it contain
any provision that limits the freedom of association of persons based on their sexual
orientation. The court concluded therefore that the appellant’s reliance on the
provisions of the Penal Code to limit the 1st respondent’s freedom of association
was untenable.
The court concluded that by refusing to register the NGO, the 1st respondent was
convicted before contravening any law, and that such action was retrogressive. The
Court of Appeal, by majority, also found that the only limitation to the right of
freedom of association as provided under Article 36 of the Constitution is that the
activities of the association must be in accordance with the law. If they are not, then
the proposed NGO would not be protected by the Constitution and the law would
take its cause.
They further observed that it was arbitrary to speculate and categorize LGBTIQ, as
persons who have the propensity to destroy society by contravening the provisions
of the Constitution or the Penal Code, or as a group bent on ruining the institution of
marriage or culture.

MINORITY DECISION/ DISSENTING JUDGEMET.

On the other hand, the minority; Nambuye JJA and Musinga JJA held that the
appellant’s action of rejecting the proposed names did not discriminate against the
LGBTIQ. They observed that the right to freedom of association as guaranteed under

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Article 36 of the Constitution was not absolute, and as such subject to the limitation
in terms of Article 24(1) of the Constitution
Further, the learned Judges found that Article 27 (4) prohibits discrimination on the
basis of a person’s sex (gender) and not sexual orientation, this reasoning elaborates
that The National Board rejection was not based on gender nor sex discrimination
but rather sexual orientation which if registered, the organ would push for which
amounts to homosexuality.
Accordingly, the dissenting Judges observed that the law, as it currently stands, does
not permit homosexual and lesbian sexual practices, and the freedom of association
of gays and lesbians in Kenya may lawfully be limited by rejecting registration of a
proposed NGO, if the country’s laws do not permit their sexual practices.
Dissatisfied with the Court of Appeal’s decision, the appellant filed an appeal before
us presumably under Article 163(4) (a) of the Constitution.
The implication of the Court of Appeals majority decision is that it maintains the
High Court decision that recognized LGBTQIA rights to freedom of association and
expression with a stand against their discrimination but also establishes that
maintains the constitutionality of the penal code sections 162 and 165 that
criminalize homosexuality and unnatural sex between men respectively.
Its argued that the dissenting judgment reinforces the core African values and culture
based on morality, which cultures are clearly sought to be protected by The Penal
Code given the criminal provisions under section 162 and 165 against
homosexuality.
Unlike the majority decision, the dissenting position doesn’t pose issues of
controversy, suffice to note, the majority position recognizes registration of
LGBTQIA organs but at the same time maintains that homosexuality is illegal.
What’s then the essence of providing breeding grounds and condemn the outcomes,
clearly LGBTQIA organs when registered advocate for sexual deviations and sexual
orientations which acts the law criminalizes.
SUPREME COURT DECISION.
The Kenyan Supreme Court recently on 24th Feb 2023 ruled that its unconstitutional
to limit the right to associate, through denial of registration of an association, purely
on the basis of the sexual orientation of the applicants, It however mainted that
homosexuality is illegal under Section 162 of the Kenyan Penal Code.

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Dissatisfied with the Court of Appeal’s decision, the appellant filed an appeal before
The Supreme Court769 seeking orders that the appeal be allowed with costs, that
Judgment and Decree of the Court of Appeal disallowing the appeal be reversed and
set it side.
The appellant contended that the Court of Appeal through its decision erred in law
in dismissing the appellant’s appeal against the decision of the High Court on the
following grounds:
a. That the learned Judges erred by failing to recognize that the actions of
the Executive Director under the NGO Regulations were made under
the delegated authority of the Board whose decision was subject to
appeal to the Minister
b. That the learned Judges erred in law in failing to recognize the limits of
the right to freedom of association as provided for under Article 36 of
the Constitution of and the fact that the freedom is enjoyed by persons
and not based on any attribute, they may determine for themselves.
c. That the learned Judges erred in law in conflating the freedom of
association under Article 36 of the Constitution with-(a) An absolute
right to associate any desired label or name. (b) An unfettered right to
pursue any particular activity, objective or policy.
d. That the learned Judges erred in law in finding that the freedom of
association provided for under Article 36 of the Constitution extended
to the 1st respondent’s proposed NGO.
e. That the learned Judges erred in law by disregarding the religious
preference in the Constitution and its preamble, which influence should
be applied in interpreting and applying the various constitutional
provisions.
f. That the Learned Judges erred in law by effectively reading into the
Constitution non-discrimination clause, Article 27 the ground of sexual
orientation.
g. That the learned Judges erred in law by finding that morals and public
policy have no legitimate role in the appellants determination on the
acceptance of the registration of the proposed NGOs, contrary to
Articles 24(5)(a), 36(3),19(2) ,11(1) & (2) of the Constitution and
Sections 162, 163 and 165 of the Penal Code

769
NGOs Co-ordination Board v Eric, Petition 16 2019.

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h. That the learned Judges erred in law by disallowing the appeal.

Three issues were raised by the Court in determaination of the appeal, However, we
shall consinder issue 2 and 3 for purposes of sexual orientation as follows.
Issue 2: Whether the decision of the Executive Directive of the NGO Coordination
Board violated Article 36 of the Constitution,
Issue 3: Whether the decision of the NGO Coordination Board was discriminatory
and contravened Article 27 of the Constitution

COURTS FINDINGS.
Before determination of the issues, Court emphasized that the matter before it was
not about the legalization or decriminalization of LBGTIQ, or the morality of same-
sex marriage but revolved around the question of whether refusal to register an
organization of persons who fall within the LGBTIQ contravened the fundamental
rights and freedom of association guaranteed in the Constitution and whether the
rights to freedom of association and freedom from discrimination of those persons
seeking to be registered were infringed upon.
Accordingly, Court proceeded to the issues as follows;

MAJORITY DECISION ON ISSUE 2

Court found that interference by the respondent with the petitioners right to freedom
of association did not pursue any legitimate aim such as national security or public
safety, the prevention of disorder or crime, the protection of health and morals and
the protection of the rights and freedom of others.
Accordingly, the majority held that it was their considered view that the appellant’s
limitation of the right to freedom of association was not proportionate to the aim
sought.
Court looked at case law relating to the freedom of association and registration of
LGBTIQ organizations and took note of jurisprudential standards applied elsewhere.
In the case of Gay Alliance of Students vs. Mathews770 the Court held that the
University’s refusal to register the Alliance hindered its efforts to recruit the new
members and denied to the Alliance the enjoyment of the University’s services,
770
United States Court of Appeal [ 4th Cir. 1976.

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 The Strix Mythology Demystified

which other registered student organizations was afforded, thereby violating their
freedom of association.
Court further considered the European Court of Human Rights in Zhdanov and
Others vs. Russia771 found that the Russian courts’ decision refusing registration
had interfered with the freedom of association of the applicant organizations and
their founders or presidents, the individual applicants. The Court was not convinced
that refusing to register the organizations had pursued the legitimate aims of
protecting morals, national security and public safety, and the rights and freedoms
of others. The only legitimate aim put forward by the authorities for the interference,
which the Court assumed to be relevant in the circumstances, was the prevention of
hatred and enmity, which could lead to disorder. In particular, the authorities
believed that the majority of Russians disapproved of homosexuality and that
therefore the applicants could become the victims of aggression.
Reference was made to The Kenyan Constitution which requires State organs, State
officers, public officers to uphold national values and principles of governance such
as human dignity, equity, social justice, inclusiveness, equality, human rights, non-
discrimination, and protection of the marginalized. In addition, the Constitution, in
Article 21 (1) provides that it is a fundamental duty of the State and every State
organ to observe, respect, protect, promote and fulfill the rights and fundamental
freedoms in the Bill of Rights. Moreover, Article 21(3) imposes an obligation on all
State organs and all public officers to address the needs of vulnerable groups within
society including members of minorities and marginalized communities.
Given that the right to freedom of association is a human right and vital to the
functioning of any democratic society as well as an essential prerequisite enjoyment
of other fundamental rights and freedoms, Court held that this right is inherent in
everyone irrespective of whether the views they are seeking to promote are popular
or not.
The Supreme Court was inclined to the aforementioned Constitutional provisions,
legal principles and case law, and held that it would be unconstitutional to limit the
right to associate, through denial of registration of an association, purely on the basis
of the sexual orientation of the applicants, as such, the respondent’s decision was
unreasonable and unjustified.

771
Application No. 12200/08, 35949/11 and 58282/12

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Accordingly, the reasoning of the High Court that LGBTQIA+ communities just like
any one else have a right to freedom of association which includes the right to form
an association of any kind. Court emphasized that all persons, whether heterosexual,
lesbian, gay, intersex or otherwise, will be subject to sanctions if they contravene
existing laws. That by refusing to register the NGO, persons were convicted before
they contravened the law. Such action is retrogressive. The majority affirmed the
decision of the Court of Appeal that the appellant violated the 1st respondent’s right
to freedom of association under Article 36 of the

MAJORITY DECISION ON ISSUE

The appellant argued that sexual orientation is not among the prohibited grounds
contemplated under Article 27 (4) of the Constitution. Further, it faulted the majority
decision of the Court of Appeal which affirmed the High Court decision which
interpreted the term ‘including’ under Article 27(4) of theConstitution to give room
for including sexual orientation in the non-discrimination clause. Article 27(4) of the
Constitution provides as follows:
"The State shall not discriminate directly or indirectly against any person on any
ground, including race, sex, pregnancy, marital status, health status, ethnic or social
origin, colour, age, disability, religion, conscience, belief, culture, dress, language
or birth.”
Article 2, paragraph 1, of the International Covenant on Civil and Political
Rights (ICCPR) obligates each State party to respect and ensure to all persons
within its territory and subject to its jurisdiction the rights recognized in the
Covenant without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property, birth, or other
status. Article 26 of the ICCPR not only entitles all persons to equality before the
law as well as equal protection of the law but also prohibits any discrimination under
the law and guarantees to all persons equal and effective protection against
discrimination on any ground such as race, colour, sex, language, religion, political
or other opinion, national or social origin, property birth, or other status.
Regionally, Article 2 of the African Charter on Human and People’s Rights
provides that every person shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in the Charter without distinction of any kind
such as race, ethnic group, colour, sex, language, religion, political or any other

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opinion, national and social origin, fortune, birth, or other status. Further, according
to the Ontario Human Rights Commission, the Glossary of Human Rights Terms,
Sexual orientation is defined as the direction of one's sexual interest or attraction. It
is a personal characteristic that forms part of who one is. It covers the range of human
sexuality from lesbian and gay, to bisexual and heterosexual. The UK Equality Act
2010, at Section 12 defines sexual orientation to mean a person’s orientation
towards persons of the same sex, persons of the opposite sex, or persons of either
sex. In relation to the protected characteristic of sexual orientation, a reference to a
person who has a particular protected characteristic is a reference to a person who is
of a particular sexual orientation; or a reference to persons who share a protected
characteristic is a reference to persons who are of the same sexual orientation.
Court considered the European Court of Human Rights in the case of Salgueiro da
Silva Mouta v. Portugal772 ruled that a person’s sexual orientation is a concept
which is undoubtedly covered under Article 14 of the European Charter on
Human Rights. In that regard, Article 14 of the European Charter on Human Rights
provides for enjoyment of the rights set forth in this the Convention without
discrimination on any ground such as sex, race, colour, language, religion, political
or other opinion, national or social origin, association with a national minority,
property, birth, or other status.
In Toonen v Australia773, the Human Rights Committee observed that ‘‘in its view
the reference to "sex" in articles 2, paragraph 1, and 26 is to be taken as including
sexual orientation’’.Guided by the foregoing legal instruments, comparative
analysis, and case law, The majority opinion was that the use of the word “sex” under
Article 27(4) does not connote the act of sex per se but refers to the sexual
orientation of any gender, whether heterosexual, lesbian, gay, intersex or otherwise.
Further, the majority found that the word “including” under the same article was not
exhaustive, but only illustrative and would also comprise “freedom from
discrimination based on a person’s sexual orientation.”
Court agreed with the finding of the High Court on interpretation of non-
discrimination which excludes people based on their sexual orientation would
conflict with the principles of human dignity, inclusiveness, equality, human rights
and non-discrimination. To put it another way, to allow discrimination based on
sexual orientation would be counter to these constitutional principles.’’ Therefore,

772
judgment of 21 December 1999, Reports 1999-IX, p. 327, para. 28
773
Communication No. 488/1992, U.N. Doc CCPR/C/50/D/488/1992 (1994)

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the appellant’s action of refusing to reserve the name of the 1st respondent’s intended
NGO on the ground that “Sections 162, 163 and 165 of the Penal Code criminalizes
Gay and Lesbian liaisons” was discriminatory in view of Article 27(4) of the
Constitution.
Consequently, Court by majority found that the 1st respondent’s right not to be
discriminated directly or indirectly based on their sexual orientation was violated by
the appellant and the appeal failed.

DISSENTING OPINION OF JUSTICE MOHAMMED K.

IBRAHIM
His Lordship Mojammed K. Ibrahim failed to agree with the majority and
accordingly a minority judgement, He considered the three issues raised by the
Court, but for purposes of sexual orientation, the last two issues ;2 and 3 of the
dissenting opinion are considered as below;
Issue 2
His Lordship disagreed with the majority finding on this issue in the current instance,
the appellant claimed that it refused to approve any of the names suggested by the
first respondent because Sections 162, 163, and 165 of the Penal Code penalize
homosexual and lesbian relationships since they are incompatible with the natural
order of things.
He considered Article 36 that establishes the freedom to association, expression and
movement for all but evoked Article 24 where limitation of rights and fundamental
freedoms is permissible upon certain strict conditions. The conditions are that; first
a right or fundamental freedom in the Bill of Rights should only be limited by a law
and second, to the extent only that the limitation is reasonable and justifiable in an
open and democratic society.
Such limitation must be based on human dignity, equality and freedom. In the case
of Shollei v Judicial Service Commission & another774 where the Court endorsed
the views of E.C. Mwita J. in Jack Mukhongo Munialo & 12 others v. Attorney
General775 when he made an observation pertaining to the limitation of rights under
Article 24 that “Even where the right or fundamental freedom has been limited by

774
(Petition 34 of 2014) [2022] KESC 5 KLR
775
Petition No 182 of 2017; [2017] eKLR

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law, the yardstick for determining reasonableness and justifiability of the limitation
is whether such limitation is acceptable in an open and democratic society’.
His Lordship observed that the court in considering the limitation under article
24(1), must bear in mind that there is no superior right and take into consideration
factors such as the nature of the right to be limited, the importance and purpose of
the limitation, the nature and extent of the limitation and the need to ensure that
enjoyment of rights and fundamental freedoms by one individual does not prejudice
the rights of others. This calls for balancing of rights under the principle of
proportionality because rights have equal value and therefore maintain the equality
of rights.”
Under the Kenyan Constitution, the only rights not subject to any limitation are those
found in Article 25 of the Constitution and include freedom from torture and cruel,
inhuman or degrading treatment or punishment; freedom from slavery or servitude;
the right to a fair trial; and the right to an order of habeas corpus.
His Lordship noted that Democratic societies are governed by laws. Kenya is no
different. The moral foundations of their society serve as the basis kenyan laws
found in the Constitution and the various Statutes enacted by Parliament. The laws
must be observed and respected.
He argues such law that ought to be respected is the Non-Governmental
Organizations Co-ordination Act,1990 which was enacted with the key objective
of regulating the registration and co-ordination of all national and international Non-
Governmental Organizations operating in Kenya.
Relevant to the dispute before Court was Regulation 8 (3)(b)(ii) of the Non-
Governmental Organizations Co-ordination Regulations, 1992 which gives the
Director the discretion to refuse to approve reservation of a name of an organization
where “such a name is in the opinion of the Director repugnant to or inconsistent
with any law or is otherwise undesirable.” The appellant submitted that it declined
to approve any of the names as proposed by the 1st respondent on the ground that
Sections 162, 163 and 165 of the Penal Code criminalize gay and lesbian liaisons
as the same goes against the order of nature. The Penal Code is another statute that
prescribes behaviour and actions that are considered criminal in Kenya. Section 162
sets out categories of “unnatural offences”, defined as “carnal knowledge against the
order of nature”.

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In consideration of section 162, He alludes to the explanation by Justice Ouko, that

Sections 162 and 165 criminalize male homosexual relationships while Section 163
prescribes a penalty of imprisonment for seven years, He holds a similar position
with Justice Ouko when he states that due to the usage of the phrase "having carnal
knowledge of any person," which is "against the order of nature," Section 162's
interpretation allows for the inference that female same-sex relationships are also
"unnatural." This means that these clauses can be used to prosecute both men and
women who are in same-sex relationships.
His Lordship concluded issue two to the negative, He held that as long as Sections
162, 163 and 165 of the Penal Code remain valid laws, then the actions of the
appellant in refusing to allow the reservations of names which include the terms
“gays” and “lesbians”, cannot be considered unreasonable, irrational or illegitimate.
His Lordship however attempted to give an alternative to change legislation to
decriminalize homosexuality by stating that the alternative would be to rally the
people of Kenya to pursue Parliament to amend the laws to repeal Sections 162, 163
and 165 of the Penal Code. I can do no more than repeat that other jurisdictions
either through legislation or constitutional revisions have amended their laws to
remove similar provisions including the United Kingdom in 2013, Scotland in 2014,
Northern Ireland in 2019, Canada in 1969, and Australia in 1994 all amended their
laws to remove similar provisions. Some countries such as South Africa in 2006 and
Australia in 2017 went further to legalize same-sex marriages
He maintained that Society's social opinions and concerns are continually changing
and that if the people of Kenya desire to have these laws removed from Statute, then
legislators in their capacity as the voice of the people can enact, amend, and repeal
these laws. However, until such time, Sections 162, 163 and 165 remain in our
statutes books as law.
Issue 3
On this issue, the appellant argued that sexual orientation is not among the prohibited
grounds contemplated under Article 27 (4) of the Constitution. Article 27(4) of the
Constitution provides that the State shall not discriminate directly or indirectly
against any person on grounds including sex. The Constitution does not include
sexual orientation as one of the seventeengrounds. The majority have taken the view
that use of the word “including” in Article 27 is not exhaustive but rather only
illustrative leaving room to add to the list of grounds. Ouko SCJ on the hand is of
the view that the framers of the constitution did not intend to include discrimination
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on grounds of sexual orientation and had it been, then nothing would have been
easier than to state so. Sex in the Black’s Law Dictionary, 9th edition is defined as
“the sum of the peculiarities of structure and function that distinguish a male from a
female organism”. The Britannica Online Encyclopaedia defines sex as “the sum of
features by which members of species can be divided into two groups—male and
female—that complement each other reproductively.” The Black’s dictionary
defines sexual orientation as “a person’s predisposition or inclination toward a
particular type of sexual activity or behavior; heterosexuality, homosexuality or
bisexuality.” While the Britannica online Encyclopaedia defines it as “the enduring
pattern of an individual’s emotional, sexual, and/or romantic attraction. In science,
sexual orientation is often divided into the three components of attraction, behaviour,
and self-identification. There are myriad ways to describe sexual orientation, but the
most common include: heterosexual, being attracted to the opposite gender;
homosexual, being attracted to the same gender; and bisexual, being attracted to
more than one gender.” Looking at the history of our constitutional making process
that lastedover ten years, the process was in all aspects consultative with Kenyans
votingin a referendum twice, leading to the promulgation of the 2010 Constitution.
find persuasion in John Mutakha Kangu’s book Constitutional Law of Kenya on
Devolution, 2015 where he underscores the importance of preparatory materials in
constitutional interpretation when read together with the historicalcontext of the
country, as they provide useful background material that defines where the Kenyans
were coming from and where they wanted to go. One of the key preparatory
materials is the Final Report of the Constitution of Kenya Review Commission, 2005
(the CKRC Report) which captured the views and recommendations of Kenyans.
Chapter 4 of the CKRC Report on the goals and objective of the review, the
Commission noted that among the critical objectives were the need to achieve equal
rights for all and gender equity being “the equal treatment of men and women,
especially on opportunities to participate in public affairs, commerce and social life,
including the family.” The Commission was keen tonote that women were victims
of family and customary laws that sometimes discriminated against them in their
rights to inheritance, custody of children, commercial law and practices especially
concerning loans and even hindered their participation in politics or commerce.
From this, the inclusion of sex as one of the grounds in Article 27(4) is not
contentious and is clear that the intention of the framers of the Constitution was to
achieve gender equality and equality for all on all fronts in society. On the other
hand, the issue of same-sex marriages and homosexuality arose in several instances

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and is mentioned in the CKRC Report at several stages. On page 100, at the tail end
of Chapter 8, the Commission, from the views and profiles of Kenyan Communities,
recommended that in family and marriage, same-sex unions should be outlawed. On
page 381, the Steering Committee Consensus Building Group, which was tasked
with building consensus on contentious issues, after numerous meetings and
deliberations, on the character of Marriage, endorsed the recommendation of the
Technical Working Group “B” that the draft Constitution should clarify the
definition of marriage to prohibit same-sex marriages. The Consensus initiative
accordingly recommended that marriage could take place only between persons of
the opposite sex. “(c) The Character of Marriage the Draft Constitution protects the
right to marry and found a family. Some delegates feared that this provision may
permit homosexual marriages since the draft Constitution did not specify that
marriage can only take place between persons of the opposite sex. The Group
endorsed the recommendation of the Technical Working Group 'B' on Citizenship
and Bill of Rights that the draft should clarify the definition of marriage to prohibit
same sex marriages.
It was felt that these definitions should consider the African culture and context, and
further clarity on these and similar concepts could eliminate controversy on an
otherwise acceptable Bill of Rights.” On pages 436 and 437, the Technical Working
Committee “B” from their deliberations recommended that same-sex marriages and
homosexuality should be prohibited. The Committee of Experts established in 2009,
embarked on a constitutional review process under the Review Act, 2008 building
on the work of the Constitutional Review Commission of Kenya (CKRC). It was
tasked with identifying and preparing a report on contentious and non-contentious
issues, inviting representations from all interested persons on the issues and then
preparing a harmonized draft constitution. As required by Sections 29 and 30 of the
Review Act, 2008 the Committee of Experts took into consideration the views of the
people of Kenya as presented to the Constitution of Kenya Review Commission,
captured in the CKRC Report as well as the CKRC drafts; the CKRC Draft of
September 2001; the draft that came out of the National Constitutional Conference
termed the Bomas Draft of 2004; and the referendum draft termed the Proposed New
Constitution of 2005. Notably, the Committee of Experts in their Final Report made
no mention of the issues in contest herein. The original views of Kenyans captured
in the CKRC Report found final expression in Article 45(2) of the Constitution
which provides that “Every adult has the right to marry a person of the opposite sex,
based on the free consent of the parties.” The CKRC Report must be read in the

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context that it reflects the intentions and recommendations of the framers of the
Constitution, informed by the views of Kenyans. But it must also be read in the
context of the fact that it was prepared roughly eighteen (18) years ago. Perhaps the
views of Kenyans have since evolved. But this cannot be determined and considered
in this judgement. It can only be the subject of a referendum. However, what is
evident is, with these thoughts, comments and recommendations in the CKRC
Report, the inclusion of sexual orientation in the Bill of rights was always in
contention. It is therefore my considered view that it is problematic to read sexual
orientation as one of the grounds to be included in Article 27(4). In some places
where the right against discrimination was meant to include sexual orientation, it has
been expressly stated as such in either the statutes or the national constitutions of
those countries. These countries include South Africa, Angola, Mozambique as well
as México, Portugal, Sweden, the United Kingdom, Canada Fiji and New Zealand.
In any case, the appellant in rejecting the names proposed did so on grounds that
they were inconsistent with the law. I arrive at the conclusion that the appellant’s
rejection of the names proposed by the 1st respondent did not amount to
discrimination on the basis of sex or sexual orientation as it was firmly within the
law. I would have for these reasons allowed the appeal and set aside the decision of
the Court of Appeal. However, as these views are in the minority, the decision of the
Court is that of the majority.

Nabageresa Jacquline v AG
The applicant aka Jacqueline Kasha is a Ugandan LGBTQIA rights activist and the
founder and executive director of the LGBTQIA rights organization called Freedom
& Roam Uganda (FARUG).
In 1999, she campaigned to end homophobia in Uganda, where homosexuality is
illegal.
In 2010 a Ugandan newspaper Rolling Stone published names and photos of people
believed to be homosexual, with the headline "Hang Them". It listed Nabagesera
and her colleague David Kato776, both of whom sued the tabloid and set a benchmark
for human rights in Uganda. Nabagesera explained it set a precedence as an attempt
to protect “privacy and the safety we all have against incitements to violence”. Kato
was later killed following the legal battle with the publication.

776

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Nabagesera tried to adopt a child in Uganda, as the adoption process does not use
sexuality as a bar to adoption in Uganda, but she was told that she could not adopt
because she "wasn't palatable"777.

777
"Would-be Ugandan Parents Denied Adoptions Because of Sexuality". Global Press Journal. 2020-06-07.
Retrieved 2020-06-07.

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CHAPTER FIFTY
NIGERA POSITION
On January 7, 2014, Nigeria’s former president, Goodluck Jonathan, signed the
Same-Sex Marriage (Prohibition) Bill (SSMPA) into law. The notional purpose of
the SSMPA is to prohibit marriage between persons of the same sex. In reality, its
scope is much wider. The law forbids any cohabitation between same-sex sexual
partners and bans any “public show of same sex amorous relationship.” The SSMPA
imposes a 10-year prison sentence on anyone who “registers, operates or participates
in gay clubs, societies and organization” or “supports” the activities of such
organizations. Punishments are severe, ranging from 10 to 14 years in prison. Such
provisions build on existing legislation in Nigeria, but go much further: while the
colonial-era criminal and penal codes outlawed sexual acts between members of the
same sex, the SSMPA effectively criminalizes lesbian, gay, bisexual, and
transgender (LGBT) persons based on sexual orientation and gender identity.
This report documents the human rights impact of the SSMPA on LGBT individuals
and its effects on the activities of non-governmental organizations that provide
services to LGBT people. This followed consultations with Nigeria-based LGBT
activists and groups, and mainstream human rights organizations.
While existing legislation already criminalizes consensual same-sex conduct in
Nigeria, the report found that the SSMPA, in many ways, officially authorizes
abuses against LGBT people, effectively making a bad situation worse. The passage
of the SSMPA was immediately followed by extensive media reports of high levels
of violence, including mob attacks and extortion against LGBT people. Human
rights groups and United Nations officials expressed grave concern about the scope
the law, its vague provisions, and the severity of punishments. On February 5, 2014,
following the passage of the SSMPA, the Special Rapporteur on Human Rights
Defenders in Africa noted with concern in a press release, “the increase in cases of
physical violence, aggression, arbitrary detention and harassment of human rights
defenders working on sexual minority issues.”

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While Human Rights Watch found no evidence that any individual has been
prosecuted or sentenced under the SSMPA, the report concludes that its impact
appears to be far-reaching and severe. The heated public debate and heightened
media interest in the law have made homosexuality more visible and LGBT people
even more vulnerable than they already were. Many LGBT individuals interviewed
by Human Rights Watch said that prior to the enactment of the SSMPA in January
2014, the general public objected to homosexuality primarily on the basis of
religious beliefs and perceptions of what constitutes African culture and tradition.
The law has become a tool being used by some police officers and members of the
public to legitimize multiple human rights violations perpetrated against LGBT
people. Such violations include torture, sexual violence, arbitrary detention,
violations of due process rights, and extortion. Human Rights Watch research
indicates that since January 2014, there have been rising incidents of mob violence,
with groups of people gathering together and acting with a common intent of
committing acts of violence against persons based on their real or perceived sexual
orientation or gender identity.
For instance, in February 2014 in Gishiri village, Abuja, a group of approximately
50 people armed with machetes, clubs, whips, and metal wires dragged people from
their homes and severely beat at least 14 men whom they suspected of being gay.
Three victims told Human Rights Watch that their attackers chanted: “We are doing
[President Goodluck] Jonathan’s work: cleansing the community of gays.” Another
victim said that the attackers also shouted: “Jungle justice! No more gays!”
Arbitrary arrest and extortion by police are commonplace under the SSMPA.
Interviewees in Ibadan and other places told Human Rights Watch that they had been
detained by the police multiple times since the passage of the SSMPA. Human
Rights Watch interviewed eight of the 21 young men who were arrested, but not
charged, at a birthday party in Ibadan. They told Human Rights Watch that members
of the public informed the police that gay men were gathered together and when
police arrived and found a bag of condoms that belonged to an HIV peer educator,
they were all arrested. They were held in police custody for four days, and released,
without charge, after paying bribes ranging from 10,000-25,000 Naira
(approximately US$32-64). These individuals said they had never been subjected to
questioning, arrest, or detention prior to the enactment of this law. Individuals who
have been arrested and detained are released on “bail,” usually after offering bribes
to the police. Faced with 14 years’ imprisonment, several interviewees said they had
little choice but to pay.

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Lesbians and gay men interviewed by Human Rights Watch said that the law has
had an insidious effect on individual self-expression. Since January 2014, several
said that they had adopted self-censoring behavior by significantly and consciously
altering their gender presentation to avoid detection or suspicion by members of the
public and to avoid arrest and extortion. They told Human Rights Watch that this
was not necessarily a major concern prior to the passage of the SSMPA. Lesbian and
bisexual women in particular reported that fear of being perceived as “guilty by
association” led them to avoid associating with other LGBT community members,
increasing their isolation and, in some cases, eventually compelling them to marry
an opposite-sex partner, have children, and conform to socially proscribed gender
norms.
The SSMPA contributes significantly to a climate of impunity for crimes committed
against LGBT people, including physical and sexual violence. LGBT victims of
crime said the lawinhibited them from reporting to authorities due to fear of exposure
and arrest. “No way would we file a complaint,” Henry, a victim of mob violence in
Lagos, said. “When it’s an LGBT issue, you can’t file a complaint.” Henry told
Human Rights that the mob attack in June 2014 in Lagos was the first time that he
had been a victim of violence because of his sexual orientation, and that prior to the
SSMPA, he had no reason to file complaints with the police.
Interviewees, including representatives of mainstream human rights organizations,
said the SSMPA has created opportunities for people to act out their homophobia
with brutality and without fear of legal consequences. Under the auspices of the
SSMPA, police have raided the offices of NGOs that provide legal and HIV services
to LGBT communities. For example, shortly after the SSMPA passed in January
2014, police raided an HIV awareness meeting in Abuja and arrested 12 participants
on suspicion of “promoting homosexuality.” They were detained in police custody,
without charge, for three weeks, before paying a bribe of 100,000 Naira
(approximately $318) to secure their release.
Punitive legal environments, stigma, and discrimination based on sexual orientation
and gender identity, together with high levels of physical, psychological, or sexual
violence against gay men and other men who have sex with men (MSM), impedes
sustainable national responses to HIV. When acts of violence are committed or
condoned by officials or national authorities, including law enforcement officials,
this leads to a climate of fear that fuels human rights violations and deters gay men

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and other MSM from seeking and adhering to HIV prevention, treatment, care, and
support services.
The SSMPA contravenes basic tenets of the Nigerian Constitution, including respect
for dignity and prohibition of torture. It also goes against several regional and
international human rights treaties which Nigeria has ratified, including the African
Charter on Human and Peoples’ Rights (African Charter), the International
Covenant on Economic, Social and Cultural Rights (ICESCR), and the International
Covenant on Civil and Political Rights. Human rights treaties impose legal
obligations on Nigeria to prohibit discrimination; ensure equal protection of the law;
respect and protect rights to freedom of association, expression, privacy, and the
highest attainable standard of health; prevent arbitrary arrests and torture or cruel,
degrading, and inhuman treatment; and exercise due diligence in protecting persons,
including LGBT individuals, from all forms of violence, whether perpetrated by
state or non-state actors.
In November 2015, the African Commission on Human and Peoples’ Rights urged
the Nigerian government to review the SSMPA in order to prohibit violence and
discrimination on the basis of sexual orientation and gender identity and ensure
access to HIV prevention, treatment, and care services for LGBT individuals.
Nigerian authorities should act swiftly to protect LGBT people from violence,
whether committed by state or non-state actors. Law enforcement officials should
stop all forms of abuse and violence against LGBT people, including arbitrary arrest
and detention, torture in custody, and extortion, and without delay ensure that they
are able to file criminal complaints against perpetrators.

ALMOST PROSECTED CASE IN NIGERIA.

A decision on Tuesday by a High Court judge in Lagos to strike out the case against
47 Nigerian men arrested in 2018 for public displays of affection with people of the
same sex is welcome, but more work is needed, says the Human Dignity Trust
(HDT).
The men had been charged under the Same Sex Marriage (Prohibition) Act 2013
(SSMPA). The case had previously been delayed several times after prosecution
witnesses failed to appear. Presiding judge, Justice Rilwan Aikawa, struck out the
case and said he had done so due to the “lack of diligent prosecution.”

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‘After two years of numerous court appearances and the threat of a prison sentence
hanging over the mens’ heads, it is extremely welcome news that this case has been
struck out,’ said Téa Braun, HDT’s Director.
Speaking to The Rustin Times, Xeenarh Mohammed, Executive Director of The
Initiative for Equal Rights (TIERS), which provided legal support to the men
following their arrest, said, ‘The wheels of justice are slow, but they have finally
landed at our doorstep. Although we were aiming for an acquittal and a dismissal,
the most important thing is that the boys are free, and they can finally start to pick
up the threads of their lives.’
According to TIERS, a dismissal would have meant that the individuals are free of
all charges and the case can never be brought up again in any court of law. However,
a strike out means that they are free to go away now, but the police could arrest them
again anytime in the future on these same charges.
HDT stands with TIERS in expressing disappointment that the threat of arrest
remains. Under this draconian law, which clearly stigmatises and discriminates
against LGBT Nigerians, these same individuals could be subjected to similar
treatment all over again. The law itself must be struck down as a violation of basic
human rights

TÉA BRAUN, DIRECTOR, HDT

In August 2018, 57 men were arrested at a hotel in the Egbeda district of Lagos.
Police claimed that those arrested were about to be “initiated into a gay club”, while
those arrested indicated that it was a birthday party. The men were arraigned and
pleaded not guilty to charges of conspiracy, membership of a secret cult and
unlawful gathering. They were subsequently charged instead under the SSMPA’s
provision that criminalises the “public show of same sex amorous relationship” with
up to 10 years’ imprisonment.
The charges were the first to be brought under the controversial Act, which was
signed into law in 2014 under then President Goodluck Jonathan, to international
outcry. Under pre-existing law, a relic of the British colonial period, Nigeria already
criminalises consensual same-sex sexual activity in private, which attracts a
maximum penalty of 14 years’ imprisonment. Additionally, Sharia Law in 12
northern States criminalises same-sex intimacy between both men and women.

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National Coalition for Gay and Lesbian Equality v. Minister of Justice,

Constitutional Court of South Africa778
Facts
The National Coalition for Gay and Lesbian Equality and the Human Rights
Commission brought a lawsuit challenging the constitutionality of statutory and
common law offences criminalising anal sex between consenting adult men (referred
to as the “sodomy laws”). The High Court ruled the laws unconstitutional and
invalid. a decision of the Constitutional Court of South Africa which struck down
the laws prohibiting consensual sexual activities between men. Basing its decision
on the Bill of Rights in the Constitution – and in particular its explicit prohibition of
discrimination based on sexual orientation – the court unanimously ruled that the
crime of sodomy, as well as various other related provisions of the criminal law,
were unconstitutional and therefore invalid.
The Constitutional Court reviewed the order of the High Court.
Issue
Whether laws criminalising sexual activity between consenting adult men violated
the Constitution of South Africa.
Comparative Law
Bowers v. Hardwick, United States Supreme Court, 1986 (upholding
constitutionality of State law criminalising sodomy).
Romer v. Evans, United States Supreme Court779, (finding unconstitutional a
State constitutional amendment that withdrew a specific class of people – gays and
lesbians – from the protection of the law without a legitimate State purpose, in
violation of the equal protection clause of the federal Constitution).
R v. M(C), Ontario Court of Appeal, Canada, 1995 (finding that a higher age of
consent for anal intercourse than for vaginal intercourse was discriminatory and
violated Section 15(1) of the Canadian Charter of Rights and Freedoms).
Majority Opinion (per Justice Ackermann)
First the Court summarised the stages of a Section 9 discrimination inquiry. Because
differentiation was on a specified ground (sexual orientation), discrimination was
778
(9 October 1998)
779
1996

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established. Unfair discrimination was therefore presumed, but the Court was still
required to consider whether fairness had not been established. It did this by
analysing the impact of the sodomy laws.
The Court held that the sodomy laws reinforced existing social prejudices and had a
severe impact, “affecting the dignity, personhood and identity of gay men at a deep
level”. Furthermore, the laws had “no other purpose than to criminalise conduct
which fails to conform with the moral or religious views of a section of society”.
Therefore, the discrimination was unfair.
The main argument was that sodomy laws were inconsistent with the right to
equality. However, the Court also considered the right to dignity, protected by
Section 10. The constitutional protection of dignity required the Court “to
acknowledge the value and worth of all individuals as members of our society”.
The sodomy laws punished “a form of sexual conduct which is identified by our
broader society with homosexuals. Its symbolic effect is to state that in the eyes of
our legal system all gay men are criminals.” But the harm was not just symbolic.
Gay men were at risk of arrest, prosecution and conviction for engaging in “sexual
conduct which is part of their experience of being human”. The Court found that
punishing sexual expression “degrades and devalues gay men in our broader society.
As such it is a palpable invasion of their dignity and a breach of section 10 of the
Constitution.”
The Court emphasised that the privacy argument was as important as the equality
argument. It defined privacy as physical space but also as a “sphere of private
intimacy and autonomy” in which human relationships were nurtured without
interference. “The way in which we give expression to our sexuality is at the core of
this area of private intimacy. If, in expressing our sexuality, we act consensually and
without harming one another, invasion of that precinct will be a breach of our
privacy.”
Under Section 36(1), the Court considered whether the limitation was reasonable
and justifiable “in an open and democratic society based on human dignity, equality
and freedom”. Considering the factors listed in Section 36(1), the Court found the
rights involved were very important and that the limitation represented a severe
infringement. No valid purpose for the limitation had even been suggested. “The
enforcement of the private moral views of a section of the community, which are
based to a large extent on nothing more than prejudice, cannot qualify as such a
legitimate purpose.”
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Moreover, nothing “in the jurisprudence of other open and democratic societies
based on human dignity, equality and freedom” pointed in a different direction.
Instead, there was “a definite trend towards decriminalisation”. The Court cited
cases from the European Court and the United Nations Human Rights Committee.
The United States, the Court observed, was an exception to this general trend.
Nevertheless, the US case of Bowers v. Hardwick had been the subject of
“sustained criticism” and more recently the US Supreme Court, in Romer v. Evans,
had struck down an amendment to a State constitution that prohibited public
measures designed to protect persons on the basis of their sexual orientation. The
South African Constitution, unlike the US Constitution, contained express privacy
and dignity guarantees as well as an express prohibition of unfair discrimination on
the ground of sexual orientation.
“A number of open and democratic societies have turned their backs on the
criminalisation of sodomy in private between adult consenting males, despite the
fact that sexual orientation is not expressly protected in the equality provisions of
their constitutions. Their reasons for doing so … fortify the conclusion which I have
reached that the limitation in question in our law regarding such criminalisation
cannot be justified” under the Constitution.

CONCURRENCE (PER JUSTICE SACHS)

Justice Sachs framed the question as one about “the nature of the open, democratic
and pluralistic society contemplated by the Constitution”. He began by asking
whether it was the act or the person that was the target of sodomy laws and concluded
that it was the person. The laws at issue failed the harm principle, under which
conduct was only criminalised if it caused harm. “In the case of male homosexuality,
however, the perceived deviance is punished simply because it is deviant.”
Because sodomy laws had the effect of making everything associated with
homosexuality “queer, repugnant or comical”, the equality interest was directly
engaged. “People are subject to extensive prejudice because of what they or what
they are perceived to be, not because of what they do.”
Justice Sachs rejected the notion, proffered by the applicants, that the privacy
argument was a “poor second prize”. He emphasised that equality and privacy could
not and should not be treated separately. In this case, a single situation could “give
rise to multiple, overlapping and mutually reinforcing violations of constitutional

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rights”. The violation of equality by the sodomy laws “is all the more egregious
because it touches the deep, invisible and intimate side of people’s lives”.
Privacy was not just about the bedroom. As Justice Blackmun described in his
dissent in Bowers v. Hardwick, privacy was not just a negative right to occupy a
private space free from government intrusion. It was the right to make fundamental
decisions about intimate relationships without penalisation.
Autonomy, Justice Sachs explained, meant more than “the right to occupy an
envelope of space in which a socially detached individual can act freely from
interference by the state”. Individuals were not “isolated, lonely, and abstract”
figures. The Constitution: “acknowledges that people live in their bodies, their
communities, their cultures, their places and their times. The expression of sexuality
requires a partner, real or imagined. It is not for the state to choose or to arrange the
choice of partner, but for the partners to choose themselves.”
Justice Sachs viewed equality and dignity as complementary principles. “The
manner in which discrimination is experienced on grounds of race or sex or religion
or disability varies considerably … The commonality that unites them all is the
injury to dignity imposed upon people as a consequence of their belonging to certain
groups. Dignity in the context of equality has to be understood in this light.” The
sodomy laws, by denying “full moral citizenship in society because you are what
you are, impinge on the dignity and self-worth of the group”. He referred to South
Africa’s apartheid past. “At the heart of equality jurisprudence is the rescuing of
people from a caste-like status and putting an end to their being treated as lesser
human beings because they belong to a particular group.”
According to Justice Sachs, “the success of the whole constitutional endeavour in
South Africa will depend in large measure on how successfully sameness and
difference are reconciled”. Equality is not sameness or uniformity but rather
acknowledgement and acceptance of difference. “What the Constitution requires is
that the law and public institutions acknowledge the variability of human beings and
affirm the equal respect and concern that should be shown to all as they are.”
Justice Sachs also addressed morality and argued for a morality based on the “deep
political morality” of the Constitution’s Bill of Rights. “What is central to the
character and functioning of the state … is that the dictates of the morality which it
enforces, and the limits to which it may go, are to be found in the text and spirit of
the Constitution itself.”

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CHAPTER FIFTY-ONE
BOTSWANA POSITION.
Motshidiemang v. Attorney General
The High Court of Botswana declared that the time was ripe to decriminalize
homosexuality, thereby overturning the 2003 decision in Kanane v. S, which upheld
the constitutionality of the sodomy laws. The case was brought by a gay man who
challenged the Botswana Penal Code provisions that criminalized same-sex sexual
intercourse on the grounds that they infringed his rights to dignity and liberty and to
be free from discrimination. The Court held that sexual orientation is innate to an
individual and that the criminalization of same-sex sexual conduct infringed the
rights to liberty, dignity and privacy and constituted discrimination. It added that
there was no public purpose in continuing the criminalization and that there was no
justification for infringing upon those rights.
Facts
Letsweletse Motshidiemang, a gay Batswana man, challenged the provisions in the
Botswana Penal Code which criminalized sodomy. Motshidiemang argued that the
provisions meant he was “prohibited from expressing the greatest emotion of love,
through the act of enjoying sexual intercourse with another consenting adult male”
[para. 27].
Moshidiemang challenged sections 164, 165 and 167 of the Penal Code. Section
164 states: “Any person who – (a) has carnal knowledge of any person against the
order of nature; (b) [not relevant] or (c) permits a male person to have carnal
knowledge of him or her against the order of nature; is guilty of an offence and is
liable to imprisonment for a term not exceeding seven years”.
Section 165 states: “Any person who attempts to commit any of the offences
specified in section 164 is guilty of an offence and is liable to imprisonment term
not exceeding five years”.
Section 167 states: “Any person who, whether in public or private, commits any act
of gross indecency with another person, or procures another person to commit any
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act of gross indecency with him or her, or attempts to procure the commission of any
such act by any person with himself or herself or with another person, whether in
public or private, is guilty of an offence”.
Motshidiemang argued that the provisions violated his rights to liberty, dignity and
privacy and the right to be free from discrimination, as protected by the Constitution
of Botswana. He submitted that although the offence in section 167 was gender
neutral, its effect disproportionately affected him as a gay man and was therefore
discriminatory in effect.
Section 3(c) of the Constitution states: “Whereas every person in Botswana is
entitled to the fundamental rights and freedoms of the individual, that is to say, the
right whatever his or her race, place of origin, political opinions, colour, creed or
sex, but subject to respect for the rights and freedoms of others and for the public
interest to each and all of the following, namely – (a) life, liberty, security of the
person and the protection of the law; (b) freedom of conscience, of expression and
of assembly and association; and (c) Protection for the privacy of his or her home
and other property and from deprivation of property without compensation”.
Section 9(1) states: “Except with his or her own consent, no person shall be subjected
to the search of his or her person or his or her property or the entry by others on his
or her premises”. Section 9(2) includes a set of circumstances under which the right
can be limited.
Section 15 of the Constitution states: “(1) Subject to the provisions of subsections
(4), (5) and (7) of this section, no law shall make any provision that is discriminatory
either of itself or in its effect. (2) Subject to the provisions of subsections (6), (7) and
(8) of this section, no person shall be treated in a discriminatory manner by any
person acting by virtue of any written law or in the performance of the functions of
any public office or any public authority. (3) In this section, the expression
‘discriminatory’ means affording different treatment to different persons,
attributable wholly or mainly to their respective descriptions by race, tribe, place of
origin, political opinions, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another
such description are not made subject or are accorded privileges or advantages which
are not accorded to persons of another such description”.
Motshidiemang filed an application in the High Court of Botswana in Gabarone. The
case was brought against the Attorney General as representative of the State. The
High Court admitted Lesbians, Gays and Bisexuals of Botswana (LEGABIBO), an
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organization working towards “a tolerant social environment where diversity is

appreciated,” as amicus curiae in the case [para. 14]. LEGABIBO’s objectives are
to “strengthen the participation of lesbian, gay and bisexual people in the
formulation of policy in Botswana, to carry out political lobbying for equal rights
and decriminalisation of same sex relationships, to act on behalf of and represent
lesbian, gay and bisexual people and to support public health interests by
establishing an environment that enables lesbian, gay and bisexual people to protect
themselves and others from violation of their basic rights”
Decision Overview
Judge Leburu delivered the unanimous judgment of the High Court. The central
issue before Court was whether sections 164(a) and (c), 165, and 167 of the Penal
Code of Botswana unjustifiably limited Motshidiemang’s rights to liberty, dignity
and privacy and were discriminatory in effect.
Motshidiemang argued that the provisions were unconstitutional because they were
“not made for the peace, order and good government of Botswana” and because the
lack of clarity on the specific conduct that was criminalized rendered them vague
[para. 29]. In addition, he argued that his right to liberty had been infringed “by
prohibiting him from using his body as he chooses and sees fit, so long as he does
not cause disrespect and harm to the enjoyment of the freedoms by others” [para.
30]. He also argued that the provisions subjected him to inhuman and degrading
treatment “in that they prohibited him from expressing sexual affection through the
only means possible to him as a homosexual” and that they violated his right to
privacy as they interfered with an “intimate and personal aspect of his life, that is
not harmful to the public interest or public good” [para. 30]. He submitted that,
despite being gender neutral, section 167 discriminated against him as a gay man
because its effect on him was greater than on females “who have other means of
enjoying penetrative sexual intercourse” [para. 31].
Motshidiemang noted that Botswana was ready to “embrace and tolerate
homosexuality” because Parliament had passed the Employment (Amendment) Act
which prohibited discrimination based on sexual orientation, the Botswana National
Vision stated that Botswana must be a “morally tolerant” and “compassionate, just
and caring” nation and the Afro-Barometer indicated that 43% of Botswanans are
not opposed to homosexuality [para. 32].
LEGABIBO submitted that the provisions were discriminatory in effect even though
they appeared gender neutral, and that the criminalization of same-sex sexual
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conduct inhibited LGBT individuals from accessing necessary medical care, making
it contrary to the public interest and public health. LEGABIBO’s application was
supported by an affidavit from an expert from the Gender, Health and Justice
Research Unit at the University of Cape Town in South Africa. The expert
highlighted the inflated levels of violence and discrimination faced by LGBT
individuals when accessing health care in Botswana and that the provisions represent
structural stigma (“social stigma that is institutional or made into law”) [para. 34].
LEGABIBO also highlighted that section 141 of the Penal Code concerning rape is
gender neutral, thus covering non-consensual anal penetration, which made the
impugned provisions redundant.
The State argued for the constitutional validity of the provisions. It stated that the
provisions are not discriminatory as they apply equally to everyone, of all sexual
preferences, highlighting that merely being a homosexual is not criminalized, only
certain acts considered against the order of nature. On the vagueness argument, the
State argued that the provisions were neither vague nor ambiguous as “sexual
intercourse against the law of nature” simply meant anal penetration. In addition, the
State highlighted that the enjoyment of fundamental rights is also subject to
limitations as provided for the Botswana Constitution. The State maintained that the
Courts should defer to Parliament to determine issues of morality as Parliament
represents the people of the country.
The Court examined the history of the offence of sodomy, noting that it was
introduced into Botswana during the colonial period and that many British colonies
adopted the structure of the offence from the Indian Penal Code. The sodomy laws
remained on the statute books when Botswana became independent in 1964. The
Court then analysed how same sex intercourse has been decriminalized globally,
influenced by arguments similar to those raised in this case. It noted that the “repeal
of the sodomy laws was greatly influenced, in large part, by the inherent recognition
of such laws as being discriminatory, invasive of personal dignity, privacy,
autonomy, liberty and lastly, the absence of compelling public interest to intrude and
regulate private sexual expression and intimacy between consenting adults” [para.
58].
The Court rejected the State’s argument that the matter should be decided by
Parliament, referring to section 18 of the Constitution which allows any person who
believes that a right is being violated to approach the courts for adjudication. The

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Court reiterated that the courts are “the ultimate interpreter and arbiter of our
Constitution”.
The Court emphasized that the Constitution “ought to be interpreted according to
imperatives of the prevailing socio and political context”. With reference to the
Attorney General v. Dow780 case, the Court confirmed that it is required to have
regard to international treaties, agreements and conventions and that domestic laws
should be interpreted in a manner that does not conflict with Botswana’s
international obligations.
The Court rejected Motshidiemang’s argument that the provisions were vague. It
accepted that section 10 of the Constitution states that “[n]o person shall be
convicted of a criminal offence unless that offence is defined and the penalty therefor
is prescribed in a written law” [para. 89]. However, with reference to the South
African case of Affordable Medicines Trust v. Minister of Health 2006 (3) SA 247
(CC) and the US case of Grayned v. City of Rockford 408 US 104 (1972) the Court
stressed that the doctrine of legality “does not require absolute certainty of the laws”
[para. 90]. In relying on the decisions in Botswana cases of Gaolete v. S [1991] BLR
325 HC and Kanane v. S [2003] (2) BLR 67 (CA), and the UK case of Black-
Clawson International Ltd v. Papierwerk Waldof AG [1975] 1 ALL ER 810 (HL)
the Court held that the provisions were not vague and had indeed been defined by
the court.
In discussing Motshidiemang’s argument that the provisions violated his right to
privacy, the Court noted that privacy “must be interpreted in the light of the current
era and context” [para. 112]. It quoted Black’s Law Dictionary which stated that the
right to privacy is the “the right to live a life of seclusion, the right to be free from
unwanted publicity, and the right to live without unwarranted interference by the
public in matters with which the public is not necessarily concerned” [para 112]. The
Court also referred to article 12 of the Universal Declaration of Human Rights
(UDHR) and article 17 of the International Covenant on Civil and Political Rights,
and to a number of other international declarations which protect the right.
With reference to the case of Ketlhaotswe v. Debswana Diamond Company781 the
Court stressed that the constitutional right to privacy is a “multifaceted and multi-
pronged” [para. 114] right, and that the constitutional protections should not be
interpreted as relating only to the “protection against the search of his or her person,

780
[1992] BLR 119 (CA)
781
(Pty) Ltd CVHGB-001160-07

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property, or entry by others on his/her premises”. The Court noted that “such a linear
and face value interpretation runs foul to our cherished generous, purposive and
context orientated mode of constitutional interpretation”. However, the Court also
emphasized that the right is not absolute, but can only be limited by a law, for the
purpose of protecting other rights and be reasonably justifiable in a democratic
society.
By referring to the Indian case of Navtey Singh Johar v. Union of India, Ministry
of Law and Justice782 – which struck down the sodomy laws – the Court reiterated
that the right to privacy “protects the liberty of people to make certain crucial
decisions regarding their well-being, without coercion, intimidation or interference,
from any direction, be it governmental or otherwise” [para. 122].
It also referred to the South African case of National Coalition for Gay and
Lesbian Equality v. Minister of Justice783 which discussed how the right protects
the right to “nurture human relationships without interference from outside the
community”. The Court mentioned two US cases: Griswold v. Connecticut784which
struck down the law prohibiting married adults using birth control on the grounds
that the “sanctity and privacy of the marital bedroom” was violated and Lawrence
v. Texas785 which declared that the sodomy offence violated the right to privacy.
The Court held that the impugned provisions in this case did infringe
Motshidiemang’s right to express his sexuality in private and that he has a right to a
“sphere of private intimacy and autonomy”, which is not harmful to any person.
The Court referred to the US case of Planned Parenthood of South Eastern PA v.
Casey786 in respect of the right to liberty and emphasized that “matters of personal
intimacy and choice are central and key to personal liberty and autonomy and that it
is not the business of the law to choose for a person his/her intimate partner”. The
Court noted that “[a]s a nation, there is an ardent need to respect our diversity and
plurality by being tolerant to minority views and opinions” and that sexual
preference must be respected. It added that “sexual orientation is innate to a human
being … [i]t is not a fashion statement or posture”. The Court held that the right to
liberty goes beyond freedom from physical restraint as it “includes and protects
inherently private choices, free from undue influence, irrational and unjustified

782
(Writ Petition No. 76 of 2016, Supreme Court)
783
1999 (1) SA 6 (CC)
784
381 US.479, 85S (1965)
785
539 US.558
786
505 US 833 (1992)

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interference by others”. The Court held that Motshidiemang’s right to liberty had
been “emasculated and abridged” by the provisions’ criminalization of anal
penetration.
The Court defined dignity to mean “worthy of honour and respect”, and deemed it
to be a core value of the fundamental rights. The Court referred to the Botswana
cases Attorney General v. Rammoge787 and ND v. Attorney General of
Botswana788 and the Canadian case of Law v. Canada789, and noted articles 1, 2
and 3 of the UDHR. It held that sexual intercourse is not merely for the purposes of
procreation but is an expression of love and intimacy, and that its criminalization
violated Motshidiemang’s right to dignity.
The Botswana Constitution prohibits discrimination based on “sex”, and, with
reference to the Canadian case of Vriend v. Alberta790 and the UN Human Rights
Committee case of Toonen v. Australia Communication791, the Court held that this
must be interpreted to include sexual orientation. Here the Court referred to the
Botswana case Moatswi v. Fencing Centre Ltd792, the South African case City
Council of Pretoria v. Walker793, the Hong Kong case Leung v. Secretary for
Justice794 and the European Court of Human Rights (ECtHR) case Sutherland
v. United Kingdom795.
Accordingly, the Court held that the provisions “have a substantially greater impact
on the applicant as a homosexual, who engages only in anal sexual penetration; than
it does on heterosexual men and women”. It added that “denying the applicant the
right to sexual expression, in the only way natural and available to him, even if that
way is denied to all, remains discriminatory in effect, when heterosexuals are
permitted the right to sexual expression, in a way that is natural to them’.
The Court discussed the Kanane case – which had found that the impugned
provisions in this case were not unconstitutional – and stressed that the Court in that
case had held that “Gay men and women do not represent a group or class which at
this stage has been shown to require protection under the Constitution”. It also

787
(unreported, delivery on 16 March 2016)
788
MAHGB-000449-15 (unreported, delivered on 29 September 2017)
789
(Minister of Employment and Immigration) 1999 (1) SCR 497
790
[1998] 1 S.C.R 493
791
No. 488/1992
792
[2002] (1) BLR 262 (IC)
793
1998 (2) SA 363
794
[2006] 4 HKLRD 211 (CA)
795
No. 25186/94

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identified how the present case must be distinguished from the Kanane case: expert
evidence was adduced in this matter; and the Court of Appeal in Kanane did not
address the issues of privacy and dignity or whether the provisions were
discriminatory in effect. With reference to the South African case Minister of Home
Affairs v. Fourie796 the Court stressed that “[p]lurality, diversity, inclusivity and
tolerance are quadrants of a mature and an enlightened democratic society”.
Accordingly, the Court held that section 164(a) and (c) and 165 “impair the
applicant’s right to dignity, privacy, liberty (autonomy) and lastly that the said
provisions are discriminatory in effect”.
Having found that there was a limitation to constitutionally-protected rights, the
Court examined whether that limitation was justifiable and referred to the Canadian
case of R v. Oakes797. The Court stated that in the State’s affidavit “there is no
scintilla or iota of justification, advanced for the derogation in question”, and that it
made only bald assertions to justify the limitation.
The Court referred to Good v. Attorney General (2) and noted that “[w]hether
something is within the public interest, ultimately depends upon a host of several
considerations, including, but not limited to the peace, security, stability and well-
being of the people”. The Court noted that “[p]ublic opinion is relevant in matters of
constitutional adjudication, but it is not dispositive” as “[s]uch public opinion is
rendered Lilliputian by the towering and colossal human rights ‘triangle of
constitutionalism’, namely; liberty, equality and dignity”. The Court referred to
Ramantele v. Mmusi798 , the South African case of S v. Makwanyane799 and the
UK Privy Council case of Reyes v. R800 which all confirmed that although public
opinion may have some relevance, it cannot replace the court’s obligation to
interpret and uphold the Constitution.
The Court held that “criminalising consensual same sex in private, between adults is
not in the public interest” as the provisions “exceed the proper ambit and function
of criminal law … where there is no conceivable victim and complainant”. It found
that “any notion of public morality justification (which is a question of prejudice),
fails to satisfy the proportionality test”. The Court held that the provisions “do not
serve any useful public purpose” and that “the means used to impair the right or

796
[2005] ZACC 19
797
(1986) 1 SCR 103
798
CACGB-104-12) [2013] BWCA 1
799
1995 (3) SA 391 (CC)
800
[2002] UKPC II

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 The Strix Mythology Demystified

freedoms … are more than is necessary to accomplish the enforcement of public

morality or objective”.
The Court found that the provisions “oppress a minority and then target and mark
them for an innate attribute that they have no control over and which they are
singularly unable to change”. It added that “consensual sex conduct, per anus, in my
view, is merely a variety of human sexuality”. It held that there is “nothing
reasonable and justifiable by discriminating against fellow members of our
diversified society”. The Court stressed that as legislation reflects the people’s will
and because discrimination on grounds of sexual orientation was prohibited under
the Employment (Amendment) Act the people had spoken on the need to protect
LGBT rights.
Directly responding to the Kanane decision which had said that the time had not yet
arrived to decriminalize same-sex sexual practices, the Court stated that “time has
come that private same sexual intimacy between adults must be decriminalised”. The
Court referred to the Zimbabwean case Banana v. S 1998 (1) ZLR 309 (S), the
Belize case Orozco v. Attorney General of Belize AD 2016, Claim No. 668/2010
and the ECtHR cases of Norris v. Ireland (1989) 13 ECHR 186, Modinos v.
Cyprus (1993) 16 ECHR 485.
The Court noted that sodomy provisions “are a relic of Victorian era and were
influenced by Judeo-Christian teachings” and that the premise that the sole purpose
of sexual intercourse was for procreation “is no longer valid and sustainable” [para.
208]. With reference to Miliangos v. George Frank (Textiles) Ltd [1997] AC 445,
the Court stressed that once the reason for a law has ceased, the law itself must also
cease. The Court also pointed out that there existed other provisions in the penal
code which criminalized non-consensual sexual acts and acts of indecency done in
public – such as those which criminalize indecent practices in practice, rape,
indecent assault and defilement. Accordingly, Court found that there existed no need
for criminalizing consensual same-sex sexual intercourse in private.
The Court held that it was entitled to sever “private” from the conduct prohibited by
section 167 on the grounds that the “regulation of conduct deemed indecent, done in
private between consenting adults, is a violation of the constitutional right to privacy
and liberty”.
Consequently, the court deemed sections 164(a) and (c), and 165 of the Penal Code
to be unconstitutional and ordered the word “private” to be removed from section
167. This was on the grounds that the provisions violated the right to liberty, privacy
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 The Strix Mythology Demystified

and dignity under section 3, privacy under section 9 and were discriminatory in
violation of section.
In the People v. Siyah Pembe Üçgen Izmir Association (‘‘Black Pink Triangl e”),
Izmir Court of First Instance No. 6, Turkey, the Court observed that it was not
possible to characterize as immoral the fact that someone had a particular
involuntary sexual orientation or the use of words such as lesbian, gay, bisexual,
travesty or transsexual nor was being gay, lesbian, travesty or transsexual prohibited
under national law, therefore the use of such terms in Black Pink Triangle’s statute
could not be considered immoral or contrary to law. The Court also reasoned that,
to characterize an association’s aims as immoral, it had to be shown that those aims
were against strictly determined morals that are accepted by the whole society. The
general aim of the Black Pink Triangle was to strengthen solidarity among LGBT
persons, cultivate a freer environment in society and end discrimination against
LBGT individuals. In declining to dissolve the association and affirming that
lesbian, gay, bisexual, travesty and transsexual individuals have the same rights as
everyone else to form an association, the court noted that Turkish laws did not
prevent LGBT persons from forming an association.
[69] Closer home, within the African continent, the Court of Appeal of Botswana in
case of the Attorney General of Botswana v. Thuto Rammoge and 19 Others, Civil
Appeal No. 128 of 2014 grappled with similar questions as those before this Court.
The case concerned the constitutionality of the refusal by Botswana’s Department
of Civil and National Registration to register a civil society group, Lesbians, Gays,
and Bisexuals of Botswana (LEGABIBO) which had sought to register as a society
under Botswana’s Societies Act. The refusal to register LEGABIBO was on the basis
that same-sex conduct was at the time criminalized by sections 164 and 167 of the
Penal Code of Botswana. The Court held that the right to freedom of assembly and
association protected the rights of Lesbians, Gays, Bisexuals and their supporters to
register a society to promote the rights of the members of the grouping and to lobby
for legal reform. Significantly, the Court noted that even though Botswana’s Penal
Code then prohibited same-sex sexual acts,

460
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CHAPTER FIFTY-TWO
INDIAN CULTURE
Early modern period

The Fatawa-e-Alamgiri of the Mughal Empire mandated a common set of

punishments for homosexuality, which could include 50 lashes for a slave, 100 for
a free infidel, or death by stoning for a Muslim. While pederasty was often
considered as "pure love" and prevalent among those from Central Asia, in India,
however, this wasn't as rife. The governor of Burhanpur was murdered by a boy
servant with whom he tried to be intimate with. Muslim Urdu poetry of the era
sometimes expressed homoerotic viewpoints reminiscent of bromances, but these
were not explictly homosexual in nature.
Homosexuality was prohibited for much of the existence of the Portuguese Empire.
With the judicial records of prosecutions by both the Portuguese Crown, and
Catholic Goa Inquisition, dating from the early 16th century. In 1528, a muslim man
being noted as one of the first condemned to be burnt, made into dust, his goods
confiscated for the Crown and his descendants defamed, for the crime.
Two women using carrots as dildos, 20th century gouache painting.
The British Raj, in directly governed British territories, replaced the criminal
offences and punishments set out in the Mughal Fatawa 'Alamgiri, with those of the
1862 Indian Penal Code, section Section 377 covering homosexuality. The law
stated: "Whoever voluntarily has carnal intercourse against the order of nature with
any man, woman or animal, shall be punished with [imprisonment for life], or with
imprisonment of either description for a term which may extend to ten years, and
shall also be liable to fine. Explanation: Penetration is sufficient to constitute the
carnal intercourse necessary to the offense described in the section." The law was
drafted by Thomas Babington Macaulay, who based it on anti-sodomy laws that
already existed in Britain." The term "order of the nature" was never defined, hence
considering its vagueness, the law could apply to virtually any sexual act considered

461
 The Strix Mythology Demystified

against this order by the British Judiciary, which included all penetrative sexual acts,
except for vaginal penetration by a man. There are not many cases that were tried
under this law, though, as there were only exist 5 recorded cases that were tried under
Section 377 India till 1920. The law had a larger impact on social values than legal
ones.
The anti-sodomy law in Britain and, in turn, India, was inspired by the 'purity
campaign', an ideology that aimed at repressing sexual conduct in British society.
This campaign also changed the perception and beliefs about sexualities in the
European society.
One of the first sodomy-related cases to be prosecuted under British rule in India
was the case of Khairati vs Queen Empress in 1884. Khairati was first called on by
the police when he was seen cross-dressing and singing with a group of women in
Moradabad. The case was brought to the Allahabad high court, where Khairati was
forced to undergo a medical examination and it was found that he had an 'extended
anal orifice' which was the sign of a 'habitual catamite'. Cross-dressing was, again,
used as evidence to support this argument. Cross-dressing was normal in indigenous
culture in India, but since this did not fit the moral standards of sexuality of Britishers
and the ambiguity of Section 377, Khairati was arrested and prosecuted in court.
In 1977 Shakuntala Devi published the first study of homosexuality in India. Whilst
convictions under Section 377 were rare, [citation needed] with no convictions at all
for homosexual intercourse in the twenty years to 2009, [citation needed] Human
Rights Watch have said that the law was used to harass HIV/AIDS prevention
activists, as well as sex workers, men who have sex with men, and other LGBT
groups. The group documents arrests in Lucknow of four men in 2006 and another.
Homosexual intercourse was a criminal offence from the introduction of Section 377
of the Indian Penal Code in 1860 until the Delhi High Court's 2009 decision in Naz
Foundation v. Govt. of NCT of Delhi. After the Delhi court's ruling was overturned
in 2013, homosexual intercourse was re-criminalized until the Supreme Court of
India's 2018 ruling in Navtej Singh Johar v. Union of India. This made it an offence
for a person to voluntarily have "carnal intercourse against the order of nature."
AIDS Bhedbhav Virodhi Andolan Protest (1992)

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 The Strix Mythology Demystified

The AIDS Bhedbhav Virodhi Andolan (ABVA), or the AIDS Anti-discrimination

movement, organized the first public protest against anti-sodomy laws in India in
August 1992.
The ABVA was an activist group, with its original intent being spreading awareness
regarding AIDS in India, as they opposed the intolerant practices and discrimination
of the Indian government against HIV positive patients. They protested against the
government policy that required the doctors to disclose the names of HIV-positive
patients, who were then put in isolation. The group organized multiple protests
demanding rights for HIV-affected people and sex workers.

In 1991, 7 members of ABVA published "Less Than Gay: A Citizens' Report on the
Status of Homosexuality in India", which was the first report to publicly recognize
the status of queer people in India and addressed the discrimination they faced. The
report demanded the rights for the queer community in India, as it imposed a need
to repeal Section 377 and the Army, Navy, and Air Force act of 1950. This report
was followed by a public protest, organized by the ABVA in New Delhi, which is
recognized as the first public demonstration against anti-sodomy laws in India.This
demonstration protested Section 377 and its use by the police to harass the gay
community. The protest was particularly sparked by an act of police brutality in
Connaught Place, where 18 people were arrested on the charges that they were
allegedly going to engage in homosexual acts. This protest was joined by over 500
people, which included multiple democratic and civil rights groups.
ABVA, in 1994, filled the first Public Interest Litigation (PIL) challenging Section
377 and its validity. This PIL was filed in a response to the denial by authorities to
a request by ABVA demanding the distribution of condoms in Tihar Jail.The reason
for this as stated by Kiran Bedi, the then Inspector General of Prisons in India, was
the fact that the distribution of condoms would acknowledge and accept the
existence of homosexual practices in the jail. The petition was dismissed in 2001 in
the Delhi High Court.
The Friendship Walk is the first and oldest pride march in India and South Asia. This
was first organized on 2 July 1999 in the city of Kolkata. During this time period,
gay rights activists in India had started demanding that political leaders include gay
rights as a part of their election campaigns, but these demands were ignored. So, in
order to make a political statement, Owais Khan first proposed the idea of the

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friendship walk. This idea was circulated among the public and received mixed
reactions until the walk was finally organized.
The pride march was joined by 15 people from all across the country, who wore
custom-designed, bright yellow T-shirts with a graphic of footsteps and a motto that
read 'Walk on the rainbow'. The participants of the march further divided themselves
into two groups, one of which continued the walk towards North Kolkata and the
other one towards South Kolkata. They proceeded to meet multiple Human rights
organizations, NGOs, and AIDS prevention groups to voice their agenda and spread
their message. The walk ended with both groups meeting at the George Bhavan
where all the participants were interviewed by the media, as they shared their views
on the issue of rejection of Homosexuality and sexual/gender non-conformity in
India. The news spread across South Asia and the pride march was met with strong
support not only in India but from people in Pakistan and Bangladesh as well.
This law was struck down by the 2009 Delhi High Court decision Naz Foundation
v. Govt. of NCT of Delhi, which found Section 377 and other legal prohibitions
against same-sex conduct to be in direct violation of fundamental rights provided by
the Indian Constitution.
Decisions of a High Court on the constitutionality of law (i.e. judicial review) apply
throughout India, and not just to the territory of the state over which the High Court
in question has jurisdiction. However, even after the pronouncement of verdict, there
have been (rare) incidents of harassment of homosexual groups. [36]

On 16 February 2012, the Supreme Court, during a hearing of a bunch of appeals

filed against decriminalisation of gay sex, observed that homosexuality should be
seen in the context of changing society as many things which were earlier
unacceptable have become acceptable with the passage of time.

The two-judge bench, composed of Justices G S Singhvi and S J Mukhopadhaya,

opined that homosexuality should be seen in the light of changing times where
phenomena of live-in relationship, single parents and artificial fertilisation have
become normal. They had also pointed out that many things, which were considered
immoral 20 years ago, have become acceptable to society now. The bench said that
gay sex was not an offence prior to 1860 and referred to paintings and sculptures of
Khajuraho. Senior Advocate Amrendra Sharan, who opposed the Delhi High Court
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 The Strix Mythology Demystified

order of decriminalising gay sex on behalf of the Delhi Commission for Protection
of Child Rights, had then submitted that social issues cannot be decided on the basis
of sculptures. The apex court bench, however, observed that it reflects society of that
time and homosexuality should not be seen only in terms of sexual intercourse.
Earlier, the Supreme Court bench had asked the anti-gay rights groups, challenging
legalisation of gay sex to explain how such acts are against the order of nature as
submitted by them. The apex court was hearing petitions filed by anti-gay rights
activists and also by political, social and religious organisations which have opposed
the Delhi High Court verdict decriminalising homosexual behaviour.
However, on 23 February 2012, the Union Home Ministry of the UPA government
replying to a Supreme Court observation, told the Supreme Court that it was opposed
to the decriminalisation of gay sex. "This is highly immoral and against the social
order," the Home Ministry told the apex court. It said that India's moral and social
values were different from other countries, and therefore, the nation should not be
guided by them. The Central Government reversed its stand on 28 February 2012,
asserting that there was no error in decriminalising gay sex. This resulted in the SC
pulling up the Centre for frequently changing its stand on the issue. Don't make a
mockery of the system and don't waste the court's time, an apex court judge told the
government.
Also, in 2012, a guide titled 'Creating Inclusive Workplaces for LGBT Employees
in India' was developed by IBM, Goldman Sachs, Google together with Community
Business, a non-profit organization.
In December 2013, however, India's top court upheld the law that criminalises gay
sex, in a ruling that reverses a landmark 2009 Delhi High Court order which had
decriminalised homosexual acts. The court said it was up to parliament to legislate
on the issue.
Indians have traditionally interpreted Section 377, a 153-year-old colonial-era law,
as condemning a same-sex relationship as an "unnatural offence", and also
considering it punishable by a 10-year jail term. Political, social and religious groups
petitioned the Supreme Court to have the law reinstated in the wake of the 2009
court ruling.
The protests against the reinstitution of Section 377 took place across India, and
resulted in political activism across political parties to declare their support for the
law's repeal. By April 2014, the month of the upcoming election, at least three major
political parties - the Aam Aadmi Party, the Congress and the Communist Party of
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 The Strix Mythology Demystified

India (Marxist) - had included support for decriminalization of homosexual relations

in their election manifestos.

In July 2014 first book on Genderqueer in Tamil and first Tamil book on LGBTQIA
was from Srishti Madurai was released by BJP's state general

Russian culture
In the Russian Federation, lesbian, gay, bisexual, and transgender (LGBT) people
face legal and social challenges not experienced by others. Although sexual activity
between same-sex couples is legal801, homosexuality is disapproved of by most of
the population, and same-sex couples and households headed by same-sex couples
are ineligible for the legal protections available to opposite-sex couples. Russia
provides no anti-discrimination protections for LGBT people and does not have a
designation for hate crimes based on sexual orientation and gender identity.
Russia has long held strongly negative views regarding homosexuality, with recent
polls indicating that a majority of Russians are against the acceptance of
homosexuality and have shown support for laws discriminating against
homosexuals. Despite receiving international criticism for the recent increase in
social discrimination, crimes, and violence against homosexuals, larger cities such
as Moscow802 and Saint Petersburg803 have been said to have a thriving LGBT
community. However, there has been a historic resistance to gay pride parades by
local governments; despite being fined by the European Court of Human Rights in
2010 for interpreting it as discrimination, the city of Moscow denied 100 individual
requests for permission to hold Moscow Pride through 2012, citing a risk of violence
against participants.

In December 1917, after the October Revolution, the Russian Soviet Republic (later
the Russian SFSR) decriminalised homosexuality804. However, in 1933, the Soviet
Union under Joseph Stalin recriminalised sex between men. Article 121 was added
to the criminal code on 7 March 1934 for the entire Soviet Union that expressly
801
"Russia: Update to RUS13194 of 16 February 1993 on the treatment of homosexuals". Immigration and Refugee
Board of Canada. 29 February 2000. Retrieved 21 May 2009.
802
"Gay in Putin's Moscow: why the city is pinker than you think". The Guardian. 13 June 2015.
803
"Inside the gay club scene in St Petersburg, Russia". Daily Xtra. 31 May 2014.
804
[Russia Under the Bolshevik Regime. E.H. Carr. 1994]

466
 The Strix Mythology Demystified

prohibited male homosexuality, with up to five years of hard labour in prison. During
the Soviet regime, Western observers believed that between 800 and 1,000 men were
imprisoned each year under Article 121805. After the dissolution of the Soviet Union,
homosexuality acts between consenting males were re-legalised in 1993, removing
Article 121 from the RSFSR penal code806.

Since 2006, under Vladimir Putin, regions in Russia have enacted varying laws
restricting the distribution of materials promoting LGBT relationships to minors; in
June 2013, a federal law criminalizing the distribution of materials among minors in
support of non-traditional sexual relationships was enacted as an amendment to an
existing child protection law807. The law has resulted in the numerous arrests of
Russian LGBT citizens publicly opposing the law and there has reportedly been a
surge of anti-gay protests, violence, and even hate crimes. It has received
international criticism from human rights observers, LGBT activists, and media
outlets and has been viewed as a de facto means of criminalizing LGBT culture808.
The law was ruled to be inconsistent with protection of freedom of expression by the
European Court of Human Rights but as of 2021 has not been repealed 809. In 2022,
the law was extended to apply to anyone regardless of age, thus making any
expression deemed a promotion of non-traditional sexual relationships illegal810.
In a report issued on 13 April 2017, a panel of five expert advisors to the United
Nations Human Rights Council—Vitit Muntarbhorn, Sètondji Roland Adjovi;
Agnès Callamard; Nils Melzer; and David Kaye—condemned the wave of torture
and killings of gay men in Chechnya.
Homosexuality has been documented in Russia for centuries. Medieval Russia was
apparently very tolerant of homosexuality, with foreign visitors to the country
surprised by displays of affection between homosexuals. The earliest documented
bans on homosexuality date to the early-mid 17th century, during the reign of Tsar
Alexis Mikhailovich, who began the process of the Europeanization and

805
"Resource Information Center: Russia". USCIS. 14 October 2015.
806
"Russia: Update to RUS13194 of 16 February 1993 on the treatment of homosexuals". Immigration and Refugee
Board of Canada. 29 February 2000. Retrieved 21 May 2009.
807
Paul Gallagher; Vanessa Thorpe (2 February 2014). "Shocking footage of anti-gay groups". Irish Independent.
Retrieved 12 February 2014.
808
Elder, Miriam (11 June 2013). "Russia passes law banning gay 'propaganda'". The Guardian.
809
"Dismantling LGBT+ rights as a means of control in Russia". Freedom House. Retrieved 13 August 2021.
810
Farrant, Theo (6 December 2022). "From museums to books: How Russia's anti-LGBT laws will impact culture".
euronews. Retrieved 8 December 2022.

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 The Strix Mythology Demystified

modernization of Russia811.better source needed] Under the reign of Peter the Great
in the 18th, who introduced a wide range of reforma aimed at modernizing and
Westernizing Russia, the were a ban on male homosexual activity, but only in
military statutes for soldiers. In 1832, the criminal code included Article 995, which
stated that "muzhelozhstvo", or men lying with men, was a criminal act punishable
by exile to Siberia for up to 5 years. Men lying with men was interpreted by courts
as meaning anal sex. Application of the laws was rare, and the turn of the century
found a relaxation of these laws and a general growing of tolerance and visibility.
In the wake of the October Revolution, the Bolshevik regime decriminalized
homosexuality. The Bolsheviks rewrote the constitution and "produced two
Criminal Codes – in 1922 and 1926 – and an article prohibiting homosexual sex was
left off both."812 The new Communist Party government removed the old laws
regarding sexual relations, effectively legalising homosexual and transgender
activity within Russia, although it remained illegal in other territories of the Soviet
Union, and the homosexuals in Russia were still persecuted and sacked from their
jobs813. Under Joseph Stalin, the Soviet Union recriminalized homosexuality in a
decree signed in 1933814. The new Article 121, which punished "muzhelozhstvo"
with imprisonment for up to 5 years, saw raids and arrests. Female homosexuals
were sent to mental institutions. The decree was part of a broader campaign against
"deviant" behavior and "Western degeneracy". Following Stalin's death, there was a
liberalisation of attitudes toward sexual issues in the Soviet Union, but homosexual
acts remained illegal. Discrimination against LGBT individuals persisted in the
Soviet era, and homosexuality was not officially declassified as a mental illness until
1999815.

Soviet Article 121 was often commonly used to extend prison sentences and to
control dissidents. Among those imprisoned were the well-known film director
Sergei Paradjanov and the poet Gennady Trifonov. Under Mikhail Gorbachev's
administration in the late 1980s, the first gay organization came into being. The
Moscow Gay & Lesbian Alliance was headed by Yevgeniya Debryanskaya and

811
Kuzenkov, Pavel (9 March 2014). "The Russian Empire was Europe's real melting pot". Retrieved 9 September
2018.
812
"1917 Russian Revolution: The gay community's brief window of freedom". BBC. 2017. Retrieved 9 April 2019.
813
"1917 Russian Revolution: The gay community's brief window of freedom". BBC. 2017. Retrieved 9 April 2019.
814
Morgan, Joe (17 June 2018). "The Secret Gay History of Russia". Gay Star News. Retrieved 21 March 2021.
815
"1917 Russian Revolution: The gay community's brief window of freedom". BBC News. 10 November 2017.
Retrieved3 January 2023.

468
 The Strix Mythology Demystified

Roman Kalinin, who became the editor of the first officially registered gay
newspaper, Tema. The fall of the USSR accelerated the progress of the gay
movement in Russia. Gay publications and plays appeared. In 1993, a new Russian
Criminal Code was signed, without Article 121. Men who had been imprisoned
began to be released816.
Current situation
In preparation of hosting the Winter Olympics in 2014, the Russian minister of sport,
Vitaly Mutko stirred international concerns when he announced that the country
planned to enforce its new anti-gay laws when it hosts the 2014 Winter Olympics in
Sochi817.
The announcement prompted fears that foreign Olympic athletes and spectators
could be affected by the law, signed last month by President Vladimir Putin, which
bans “homosexual propaganda.” Since then, a top Russian lawmaker commented
that the winter games would not be subject to the laws.
President Putin also recently signed another law that restricts the adoption of Russian
children by people living in countries that recognize same-sex marriage.
According to a recent by Pew Research Center survey the enacted laws seem align
with Russia’s rejection of homosexuality. About three-quarters (74%) of Russians
said homosexuality should not be accepted by society, while just 16% said it should
be accepted. The global survey assessed attitudes on homosexuality in 39 countries
and found widespread rejection of homosexuality in Russia as well as in parts of
Asia, Africa and predominantly Muslim nations.
Globally, homosexuality was most accepted in Spain (88%), Germany (87%), the
Czech Republic (80%) and Canada (80%). A smaller majority of people in the
United States (60%) also thought it should be accepted.
Homosexuality was officially removed from the Russian list of mental illnesses in
1999 (after the endorsement of the World Health Organization's ICD-10
classifications)818.

816
LGBT rights in Russia, Wikipedia.
817
Russia’s anti-gay laws in line with public’s views on homosexuality, By Katie Reilly.
818
Warner, Nigel (November 1999). "The Russian Federation has dropped "homosexual orientation" from its new
classification of mental and behavior disorders". ILGA Euroletter 75]. France QRD]. Archived from the original on
25 July 2008.

469
 The Strix Mythology Demystified

As far as adoptions of children: Single persons living within Russia, regardless of

their sexual orientation, can adopt children. Russian children can be adopted by a
single homosexual who lives in a foreign country provided that country does not
recognize same-sex marriage819. A couple can adopt children together, as a couple,
only if they are a married heterosexual couple.
Despite the fact that the Russian constitution guarantees the right of peaceful
association, various organs of authority in Russia refuse to register LGBT
organizations820.
Public opinion
Public opinion in Russia tends to be hostile toward homosexuality and the level of
intolerance has been rising821. A 2013 survey found that 74% of Russians said
homosexuality should not be accepted by society (up from 60% in 2002), compared
to 16% who said that homosexuality should be accepted by society822.
In a 2015 survey of 2,471 Russians, 86% said homosexuality should not be accepted
by society. In a 2007 survey, 68% of Russians said homosexuality is always wrong
(54%) or almost always wrong (14%)823.
In a 2005 poll, 44% of Russians were in favour of making homosexual acts between
consenting adults a criminal act; at the same time, 43% of Russians supported a legal
ban on discrimination on the basis of sexual orientation824. In 2013, 16% of Russians
surveyed said that gay people should be isolated from society, 22% said they should
be forced to undergo treatment, and 5% said homosexuals should be "liquidated".
In Russian psychiatry, Soviet mentality about homosexuality has endured into the
present day825.
For instance, in spite of the removal of homosexuality from the nomenclature of
mental disorders, 62.5% of 450 surveyed psychiatrists in the Rostov Region view it

819
"Russia's Putin signs law limiting adoption by gays". USA Today. The Associated Press. 3 July 2013.
821
Morello, Carol (4 June 2013). "Acceptance of gays in society varies widely". Washington Post.
822
"The global divide on homosexuality: greater acceptance in more secular and affluent countries". Pew Research
Global Attitudes Project. 4 June 2013.
824
825
S Smith, Tom W. (April 2011). "Cross-national differences in attitudes toward homosexuality" (PDF). Charles R.
Williams Institute on Sexual Orientation (UCLA Law School). Archived from the original (PDF) on 5 March 2016.
Retrieved 12 Ju Smith, Tom W. (April 2011). "Cross-national differences in attitudes toward homosexuality" (PDF).
Charles R. Williams Institute on Sexual Orientation (UCLA Law School). Archived from the original (PDF) on 5
March 2016. Retrieved 12 June 2013. ne 2013. avenko, Yuri; Perekhov, Alexei (13 February 2014). "The State of
Psychiatry in Russia". Psychiatric Times. Vol 31 No 2. 31 (2).

470
 The Strix Mythology Demystified

as an illness, and up to three-quarters view it as immoral behavior. The psychiatrists

sustain the objections to pride parades and the use of veiled schemes to lay off openly
lesbian and gay persons from schools, child care centres, and other public
institutions826. A Russian motorcycle club called the Night Wolves, which is closely
associated with Russian President Vladimir Putin and which suggests "Death to
faggots" as an alternate name for itself827, organized a large Anti-Maidan rally in
February 2015 at which a popular slogan was "We don't need Western ideology and
gay parades!"828

Prohibition of Same-sex unions

Neither same-sex marriages nor civil unions of same-sex couples are allowed in
Russia. In July 2013, Patriarch Kirill, the leader of the Russian Orthodox Church, of
which approximately 71% of Russians are adherents829, said that the idea of same-
sex marriage was "a very dangerous sign of the Apocalypse"830. At a 2011 press
conference, the head of the Moscow Registry Office, Irina Muravyova, declared:
"Attempts by same-sex couples to marry both in Moscow and elsewhere in Russia
are doomed to fail. We live in a civil society, we are guided by the federal law, [and]
by the Constitution that clearly says: marriage in Russia is between a man and a
woman. Such a marriage [same-sex] cannot be contracted in Russia."831 The vast
majority of the Russian public are also against same-sex marriage832. In July 2020,
Russian voters approved a Constitution amendment banning same-sex marriage833.
In the 2021 case Fedotova and Others v. Russia, the European Court of Human
Rights ruled that it was a violation of human rights for Russia not to offer any form
of legal recognition to same-sex relationships834.

826
Ibid. "Public opinion poll: Majority of Russians oppose gay marriages and a gay President but support ban on
sexual orientation discrimination". Gayrussia.ru. 19 May 2005. Archived from the original on 5 December 2015.
Retrieved 26 May 2009.
827
"Thousands take part in 'Anti-Maidan' protest in Moscow against uprising in Ukraine". Telegraph.co.uk. 21
February 2015. Archived from the original on 12 January 2022. Retrieved 22 August 2015.
828
Walker, Shaun (15 January 2015). "Patriotic group formed to defend Russia against pro-democracy protesters".
The Guardian.
829
Religion in Russia according to the Religious Belief and National Belonging in Central and Eastern Europe survey
by the Pew Forum, 2017
830
Herszenhorn, David M. (11 August 2013). "Gays in Russia find no haven, despite support from the West". The
New York Times.
831
"Same-sex marriages not allowed in Russia – Moscow registrar". Interfax-Religion. 13 January 2011. Retrieved 13
January 2011.
832
"Same-Sex Marriage Nixed By Russians". Angus Reid Global Monitor. 17 February 2005. Archived from the
original on 25 May 2009. Retrieved 21 May 2009.
833
"Russian parliament begins legalising ban on same-sex marriage". Reuters. 15 July 2020. Retrieved 16 July 2021.
834
Fedele, Giulio (23 July 2021). "The (Gay) Elephant in the Room: Is there a Positive Obligation to Legally
Recognise Same-Sex Unions after Fedotova v. Russia?". EJIL: Talk!. Retrieved 13 August 2021.

471
 The Strix Mythology Demystified

RESTRICTIONS ON JOINING MILITARY SERVICE

Before 1993, homosexual acts between consenting males were against the law in
Russia835, and homosexuality was considered a mental disorder until adoption of
ICD-10 in 1999836 but even after that military medical expertise statute was in force
to continue considering homosexuality a mental disorder which was a reason to deny
homosexuals to serve in the military. On 1 July 2003, a new military medical
expertise statute was adopted; it said people "who have problems with their identity
and sexual preferences" can only be drafted during war times. However, this clause
contradicted another clause of the same statute which stated that different sexual
orientation should not be considered a deviation. This ambiguity was resolved by
the Major-General of the Medical Service Valery Kulikov who clearly stated that
the new medical statute "does not forbid people of non-standard sexual orientation
from serving in the military."837 However, he added that people of non-standard
sexual orientation should not reveal their sexual orientation while serving in the
army because "other soldiers are not going to like that; they can be beaten"838.
President Vladimir Putin said in a U.S. television interview in 2010 that openly gay
men were not excluded from military service in Russia839. In 2013, it was reported
that the Defense Ministry had issued a guideline on assessment of new recruits'
mental health that recommends recruits be asked about their sexual history and be
examined for certain types of tattoos, especially genital or buttocks tattoos, that
would allegedly indicate a homosexual orientation840.

REJECTION OF GAY PRIDE EVENTS

LGBT activists in Saint Petersburg, Russia, 1 May 2017
There have been notable objections to the organization of gay pride parades 841 in
several Russian cities, most prominently Moscow, where authorities have never

835
"Russia: Update to RUS13194 of 16 February 1993 on the treatment of homosexuals". Immigration and Refugee
Board of Canada. 29 February 2000. Retrieved 21 May 2009.
836
Warner, Nigel (November 1999). "The Russian Federation has dropped "homosexual orientation" from its new
classification of mental and behaviour disorders". ILGA Euroletter 75]. France QRD]. Archived from the original on
25 July 2008.
837
"Gays are not Willingly Accepted in the Russian Army". Pravda Online. 1 December 2003. Archived from the
original on 26 May 2009.
838
"Gays are not willingly accepted in the Russian army". Pravda.ru. 1 December 2003.
839
"Russian army put on alert for tell-tale tattoos". BBC News. 25 January 2013.
840
Spinella, Peter (25 January 2013). "New soldiers face gay tattoo check". Moscow Times.
841
"Gay man arrested at otherwise peaceful St Petersburg Pride". Xtra. 29 July 2014. Retrieved 30 May 2018.

472
 The Strix Mythology Demystified

approved a request to hold a gay pride rally842. Former Moscow mayor Yuri Luzhkov
supported the city's refusal to authorize the first two editions of Nikolay Alexeyev's
Moscow Pride events, calling them as "satanic". The events still went on as planned,
in defiance of their lack of authorization843. In 2010, Russia was fined by the
European Court of Human Rights, ruling that, as alleged by Alexeyev, Russian cities
were discriminating against the gay community by refusing to authorize pride
parades. Although authorities had claimed allowing pride events to be held would
pose a risk of violence, the Court ruled that their decisions "effectively approved of
and supported groups who had called for [their] disruption."844 In August 2012,
contravening the previous ruling, the Moscow City Court upheld a ruling blocking
requests by the organizers of Moscow Pride for authorization to hold the parade
yearly through 2112, citing the possibility of public disorder and a lack of support
for such events by residents of Moscow845.

Chechnya
Chechen leader Ramzan Kadyrov (right) with Chechnya's parliamentary chairman
Magomed Daudov
Anti-gay purges in the Chechen Republic have included forced disappearances —
secret abductions, imprisonment, and torture — by authorities targeting persons
based on their perceived sexual orientation. An unknown number of men, who
authorities detained on suspicion of being gay or bisexual, have reportedly died after
being held in what human rights groups and eyewitnesses have called concentration
camps846.
Allegations were initially reported on 1 April 2017 in Novaya Gazeta847, a Russian-
language opposition newspaper, which reported that since February 2017 over 100
men had allegedly been detained and tortured and at least three had died in an
extrajudicial killing. The paper, citing its sources in the Chechen special services,

842
"Moscow says No to May 25 gay pride parade". RIA Novosti. 15 May 2013.
843
"Moscow bans 'satanic' gay parade". BBC News. Retrieved 15 February 2014.
844
"European court fines Russia for banning gay parades". BBC News. 6 March 2012. Retrieved 16 February 2014.
845
"Gay parades banned in Moscow for 100 years". BBC. 17 August 2012. Retrieved 7 November 2013.
846
Reynolds, Daniel (10 April 2017). "Report: Chechnya Is Torturing Gay Men in Concentration Camps". The
Advocate. Retrieved 16 April 2017.
847
Milashina, Elena (1 April 2017). "Murder of honor: the ambitions of a well-known LGBT activist awake a terrible
ancient custom in Chechnya". Retrieved 14 April 2017. "Novaya Gazeta" became aware of mass detentions of
residents of Chechnya in connection with their unconventional sexual orientation – or suspicion of such. At the
moment, more than a hundred men have been informed of the detention. "Novaya Gazeta" knows the names of the
three dead, but our sources say that there are many more victims.

473
 The Strix Mythology Demystified

called the wave of detentions a "prophylactic sweep"848. The journalist who first
reported on the subject went into hiding849. There have been calls for reprisals against
journalists who report on the situation850.
As news spread of Chechen authorities' actions, which have been described as part
of a systematic anti-LGBT purge, Russian and international activists scrambled to
evacuate survivors of the camps and other vulnerable Chechens but were met with
difficulty obtaining visas to conduct them safely beyond Russia851.
The reports of the persecution were met with a variety of reactions worldwide. The
Head of the Chechen Republic Ramzan Kadyrov denied not only the occurrence of
any persecution but also the existence of gay men in Chechnya, adding that such
people would be killed by their own families852. Officials in Moscow were sceptical,
although in late May the Russian government reportedly agreed to send an
investigative team to Chechnya853. Numerous national leaders and other public
figures in the West condemned Chechnya's actions, and protests were held in Russia
and elsewhere. A report released in December 2018 by the Organization for Security
and Cooperation in Europe (OSCE) confirmed claims that persecution of LGBT
persons had taken place and was ignored by authorities854.
On 11 January 2019, it was reported that another 'gay purge' had begun in the country
in December 2018, with several gay men and women being detained855.
The Russian LGBT Network believes that around 40 persons were detained and two
killed856.In March 2021, Reuters reported that the European Union imposed

848
Ibid.
849
"Analysis – She broke the story of Chechnya's anti-gay purge. Now, she says she has to flee Russia". The
Washington Post. Retrieved 16 April 2017.
850
Walker, Shaun (14 April 2017). "Journalists fear reprisals for exposing purge of gay men in Chechnya". Retrieved
15 April 2017 – via The Guardian.
851
Ponniah, Kevin (19 May 2017). "Chechen gay men hopeful of finding refuge in five countries". BBC News.
Retrieved 22 May 2017.
852
Walker, Shaun (2 April 2017). "Chechen police 'have rounded up more than 100 suspected gay men'". The
Guardian. Retrieved 16 April 2017.
853
Walker, Shaun (26 May 2017). "Russia investigates 'gay purge' in Chechnya". The Guardian. Retrieved 27 May
2017.
854
Gessen, Masha (21 December 2018). "A Damning New Report on L.G.B.T. Persecution in Chechnya". The New
Yorker. Retrieved 13 January 2018.
855
Kramer, Andrew E. (14 January 2019). "Chechnya Renews Crackdown on Gay People, Rights Group Says". The
New York Times. ISSN 0362-4331. Retrieved 10 July 2019.
856
Ingber, Sasha (14 January 2019). "Activists Say 40 Detained And 2 Dead In Gay Purge In Chechnya". NPR.org.
Retrieved 10 July 2019.

474
 The Strix Mythology Demystified

economic sanctions on two Chechen officials accused of persecuting LGBT people

in Chechnya.
A case in point is Zhdanov and Others vs. Russia where the Russian authorities
rejected registration of gay societies, The European Court however found that the
Russian courts’ decision refusing registration had interfered with the freedom of
association of the applicant organizations and their founders or presidents, the
individual applicants. The Court was not convinced that refusing to register the
organizations had pursued the legitimate aims of protecting morals, national security
and public safety, and the rights and freedoms of others. The only legitimate aim put
forward by the authorities for the interference, which the Court assumed to be
relevant in the circumstances, was the prevention of hatred and enmity, which could
lead to disorder. In particular, the authorities believed that the majority of Russians
disapproved of homosexuality and that therefore the applicants could become the
victims of aggression.

475
 The Strix Mythology Demystified

CHAPTER FIFTY-THREE

ARABIC CULTURE
Asian culture
THE CURRENT LEGAL STATUS OF HOMOSEXUALITY
IN UGANDA.
Homosexuality is illegal in Uganda. The Penal Code Act of 1950 criminalizes
"carnal knowledge against the order of nature,"857 which is interpreted to include
homosexual acts. The section also provides for a penality of engaging in homosexual
acts of imprisonment for up to life.
In addition, there have been attempts to strengthen anti-homosexuality laws in
Uganda in ecent years. In 2014 the Anti-Homosexuality Act of 2014 was a bill
signed into law in Uganda on February 24, 2014. The bill imposed harsher penalties
for homosexuality, including life imprisonment for "aggravated homosexuality,"
which was defined as repeated homosexual acts or same-sex relations with a person
under 18 or with a disabled person.
The law also criminalized the promotion of homosexuality, with penalties of up to
seven years in prison for those convicted. The law was widely criticized both
domestically and internationally, with many human rights groups and foreign
governments calling for it to be repealed.
However, the law was later struck down by Uganda's Constitutional Court on a
technicality. In August 2014, the act, was challenged in the Constitutional Court by
a coalition of Ugandan human rights organizations, including the Human Rights
Awareness and Promotion Forum (HRAPF), the Center for Health, Human Rights
and Development (CEHURD), and the Uganda Association of Lawyers. The
petitioners argued that the law violated several provisions of the Ugandan
857
Section 145 Ugandan Penal Code Act

476
 The Strix Mythology Demystified

Constitution, including the right to privacy, equality, and freedom from

discrimination. 858
The Constitutional Court ultimately struck down the law on a technicality, ruling
that it was passed without the required quorum of Members of Parliament present.
However, the court also noted in its ruling that the law violated several provisions
of the Ugandan Constitution, and that the rights of LGBT+ individuals in Uganda
should be protected.
However, there have been efforts to reintroduce similar legislation in subsequent
years, and homosexuality remains illegal in Uganda under Section 145 of the Penal
Code Act.
Before the Anti-Homosexuality Act of 2014 was passed in Uganda, there was
already a strong culture of homophobia and discrimination against LGBTQ+
individuals in the country. Same-sex sexual activity was already illegal under
Section 145 of the Penal Code Act, with penalties of up to life imprisonment. There
had also been reports of violence, harassment, and discrimination against LGBTQ+
individuals in Uganda.
The bill was initially introduced in 2009, but it was not passed until 2014. The bill
was strongly supported by conservative politicians, religious leaders, and civil
society groups in Uganda who viewed homosexuality as a threat to traditional values
and morality. Some also claimed that homosexuality was a Western import and a
form of neocolonialism.
The bill was also supported by some foreign evangelical Christian groups who saw
Uganda as a battleground for promoting anti-gay legislation and values. However,
the bill was widely criticized by human rights groups and foreign governments, who
viewed it as discriminatory and a violation of basic human rights. The passage of the
bill sparked widespread protests and condemnation both domestically and
internationally.
Furthermore, the constitutionality of Section 145 of the Penal Code Act in Uganda
has been challenged one notable case is Kasha Jacqueline Nabagesera v. Attorney
General of Uganda859. In this case, the petitioner, Kasha Jacqueline Nabagesera, a

858
Constitutional Petition No. 1 of 2014.
http://judiciary.go.ug/data/publications/35/Constitutional%20Petition%20No%201%20of%202014.pdf

859
Constitutional Petition No. 9 of 2013.

477
 The Strix Mythology Demystified

prominent Ugandan LGBT+ activist, argued that Section 145 violated several
provisions of the Ugandan Constitution, including the right to privacy, equality, and
freedom from discrimination. The petitioner also argued that the law had a chilling
effect on free speech and association. The Constitutional Court of Uganda heard the
case in 2014, but before it could issue a ruling, the Anti-Homosexuality Act of 2014
was passed, which further criminalized same-sex sexual activity and strengthened
penalties for those convicted. The Constitutional Court ultimately struck down the
Anti-Homosexuality Act on a technicality, but it did not issue a ruling on the
constitutionality of Section 145.
In Human Rights Awareness and Promotion Forum (HRAPF) v. Attorney
General of Uganda860, challenged the constitutionality of Section 145 and sought a
declaration that the provision violated the rights to privacy, freedom of expression,
and freedom from discrimination)
On 21 August 2014, Ugandan police raided a private LGBT+ gathering in Kampala,
arresting several people on charges of violating Section 145 of the Penal Code. In
October 2019, Ugandan police arrested 16 people, including LGBTQ+ activists, on
charges of violating Section 145 of the Penal Code. In December 2020, Ugandan
police arrested 23 people, including LGBTQ+ individuals and allies, on charges of
violating Section 145 of the Penal Code. In February 2021, a Ugandan court
convicted 19 of the individuals arrested in December 2020 on charges of violating
Section 145, sentencing them to one year in prison.
After the Anti-Homosexuality Act of 2014 was struck down by the Constitutional
Court of Uganda on a technicality, there was mixed reactions from various groups
and individuals in Uganda. Some supporters of the bill, including conservative
politicians and religious leaders, criticized the ruling and vowed to continue their
efforts to criminalize homosexuality. Some also accused the international
community of interfering in Uganda's internal affairs and promoting homosexuality
as a way to undermine traditional values and morals.
On the other hand, human rights groups, LGBTQ+ activists, and many foreign
governments welcomed the ruling, viewing it as a victory for human rights and the
rule of law. Some also saw it as an opportunity to push for greater protections for
LGBTQ+ individuals in Uganda and to challenge other discriminatory laws and
practices.

860
Constitutional Petition No. 5 of 2015.

478
 The Strix Mythology Demystified

Despite the ruling, discrimination and violence against LGBTQ+ individuals in

Uganda continued. LGBTQ+ individuals still faced stigma and persecution in many
parts of the country, and some continued to face arrest and imprisonment under
Section 145 of the Penal Code Act.
Legal aftermaths of the Anti-Homosexuality Act of 2014 being struck down:

 Section 145 of the Penal Code Act remained in force, which criminalizes
"carnal knowledge against the order of nature," including consensual same-sex
sexual conduct. This provision continues to be used to prosecute LGBTQ+
individuals in Uganda.

 The government of Uganda did not attempt to pass another version of the Anti-
Homosexuality Act, although there have been ongoing efforts by some
conservative politicians and religious leaders to criminalize homosexuality
through other means.

 The Constitutional Court's ruling in the Kasha Jacqueline Nabagesera v.

Attorney General of Uganda case affirmed the importance of protecting the
rights of all individuals, regardless of sexual orientation or gender identity,
under the Ugandan Constitution.

 The ruling also reinforced the role of the judiciary in upholding the rule of law
and preventing the violation of constitutional rights and freedoms.’

 The ruling highlighted the importance of international human rights norms and
standards in guiding domestic legal systems, and the need for Uganda to uphold
its commitments to human rights as a member of the international community.
Demerits:

479
 The Strix Mythology Demystified

 Discrimination and backlash: Same-sex marriage can face opposition and

discrimination from individuals and groups who hold discriminatory attitudes
towards the LGBTQ+ community.

 Legal and social challenges: Same-sex marriage may face legal and social
challenges, such as restrictions on adoption or child custody, or social stigma
and rejection from family and community members.

 Gendered expectations and roles: Same-sex marriage may reinforce traditional

gender roles and expectations, especially for couples who conform to gender
norms.

 Cultural and religious objections: Same-sex marriage may face objections from
certain cultural or religious groups who do not recognize or support same-sex
relationships.

Non-Discrimination: The Ugandan Constitution prohibits discrimination on the

basis of sex, race, ethnicity, religion, and other grounds. This provision can be used
to argue that LGBTQ+ individuals should not face discrimination or harassment
based on their sexual orientation or gender identity.

LEGAL DEMERITS:

 Criminalization of Homosexual Acts: Same-sex relationships and sexual acts

are criminalized under Section 145 of the Penal Code in Uganda. This
criminalization can result in arrests, detention, and imprisonment of LGBTQ+
individuals, which can have serious legal and social consequences.

 Limited Legal Protections: Same-sex couples in Uganda do not have access to

legal protections, such as inheritance rights or the ability to jointly own

480
 The Strix Mythology Demystified

property. This can create legal and social challenges for same-sex couples in
areas such as healthcare, housing, and employment.

 Social Stigma and Discrimination: Same-sex relationships and LGBTQ+

individuals in general may face social stigma and discrimination in Uganda.
This can lead to harassment, violence, and other forms of discrimination, both
within and outside of the legal system.
It's important to note that the legal merits and demerits of same-sex relationships in
Uganda are heavily influenced by cultural and social factors, and these factors may
vary depending on the specific context and community.

481
 The Strix Mythology Demystified

CHAPTER FIFTY-FOUR
DIFFERENT VIEWS TOWARDS HOMOSEXUALITY
Homosexuality is viewed by many as a social problem. As such, there has been keen
interest in elucidating the origins of homosexuality among many scholars, from
anthropologists to zoologists, psychologists to theologians. Research has shown that
those who believe sexual orientation is inborn are more likely to have tolerant
attitudes toward gay men and lesbians, whereas those who believe it is a choice have
less tolerant attitudes. The current qualitative study used in-depth, open-ended
telephone interviews with 42 White and 44 Black Americans to gain insight into the
public's beliefs about the possible genetic origins of homosexuality. Along with
etiological beliefs (and the sources of information used to develop those beliefs), we
asked respondents to describe the benefits and dangers of scientists discovering the
possible genetic basis for homosexuality. We found that although limited
understanding and biased perspectives likely led to simplistic reasoning concerning
the origins and genetic basis of homosexuality, many individuals appreciated
complex and interactive etiological perspectives. These interactive perspectives
often included recognition of some type of inherent aspect, such as a genetic
factor(s), that served as an underlying predisposition that would be manifested after
being influenced by other factors such as choice or environmental exposures. We
also found that beliefs in a genetic basis for homosexuality could be used to support
very diverse opinions, including those in accordance with negative eugenic agendas.

Recent scientific and media attention has been focused on research attempting to
discern potential origins of homosexuality. Homosexuality is generally framed as a
social problem, which can explain this intense interest in seeking its causes. Among
the scientific studies exploring the etiology of homosexuality, much work has
examined the possible influence of genes. Importantly, attributing causation of
human characteristics to genetics generates a way of framing the issue that may have
particular social implications. For example, when traits are understood to derive
from genetic origins, they may be perceived as more immutable, “natural,” and/or
as something that “cannot be helped” (Stein, 1999). Such attributions concerning
482
 The Strix Mythology Demystified

causation can subsequently affect individuals’ beliefs, attitudes and behaviors

(Weiner, Perry, & Magnusson, 1988). Considering the potential social and
psychological implications of framing homosexuality as something that is or is not
caused by genes, it is necessary for more studies to focus on the public's etiologic
beliefs. In addition, the field of bioethics has shown the importance of exploring
potential dangers and benefits of discovering the genetic bases for many
psychosocial phenomena; therefore, a focus on the public's understanding of the
ramifications of genetic explanations for homosexuality will expand this important
literature.

In response to this need for further study, we present in this paper qualitative data
addressing the following two main issues: (a) The public's beliefs about genetic and
other potential origins of homosexuality; and (b) public opinion on the psychosocial
benefits and dangers connected to discovering the potential genetic origins of
homosexuality. We believe that the richness of qualitative data can help us gain
important insights into respondents’ ideas and reasoning.

Ascribing the etiology of homosexuality to genetics implies that homosexuality is

immutable and uncontrollable, and therefore is not a choice or “lifestyle.” Research
has found that positive attitudes toward homosexuality are associated with the belief
that its origins are biological, whereas negative attitudes are associated with the view
that its origin is personal choice (Jayaratne, 2002; PEW Research Center, 2003;
Schneider & Lewis, 1984; Whitley, 1990; Wood & Bartkowski, 2004). Because
beliefs about the origins of homosexuality are strongly related to attitudes, it is likely
that such beliefs will ultimately relate to social policy and behaviors.

483
 The Strix Mythology Demystified

CHAPTER FIFTY-FIVE
PUBLIC OPINION ON THE ETIOLOGY OF
HOMOSEXUALITY
Despite ambiguity in existing scientific research, analysis of Gallup poll data
demonstrates that the percentage of individuals expressing the belief that
homosexuality is something people are “born with” more than tripled, from 13% in
1977 to 40% in 2001861. The percentage of those attributing homosexuality to
environment or upbringing dropped from 56% in 1977 to 39% in 2001 (PEW
Research Center, 2003; ReligiousTolerance.org, 2004). However, the Gallup polls
have framed the question concerning the origins of homosexuality in terms of nature
versus nurture, disregarding the possibility that the public believes choice plays a
role (PEW Research Center, 2003). In 1985, a Los Angeles Times poll showed that
most respondents (42%) believed homosexuality is a choice, whereas fewer believed
that it is due to environmental factors (20%) or biology (20%). However, by 2004,
the percentage of respondents citing choice (35%) or environment (14%) dropped,
while the percentage citing biology increased to 32% (Roper Center, 2004).
Although these data have shown historical shifts in the public's beliefs about the
origins of homosexuality, data gathered from the different polls have been
inconsistent and even slightly contrauality by using an interview format that allows
for the expression of all possible etiologic beliefs dictory. Therefore, it is necessary
to explore further the public's ideas concerning the origins of homosexualiy.

A case in point is Owunna a Nigerian American photographer who was unwillingly

outed to his family at 15, the solution to what some family members perceived as a
problem was to send him from his hometown of Pittsburgh to his parents' native
Nigeria to reconnect with his roots. In an interview with NPR in 2017, He states
that "Because the idea was if I get re-exposed to my culture, there's no way that I
would be this way," Owunna said. "This is an American thing. This is because I grew

861
ReligiousTolerance.org, 2004.

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up in America." For several years, Owunna traveled to his family's hometown in

Nigeria twice a year. But when he was eighteen, he said through laughter, "They
found out that I was still gay."

The above points to the aspect that homosexuality is partly due to society and one’s
respective environmental encounters

PUBLIC OPINION ON THE BENEFITS AND DANGERS

CONNECTED TO DISCOVERING THE POSSIBLE
GENETIC ORIGINS OF HOMOSEXUALITY
As genetic science advances and social policy decisions are made, the general public
(as well as scientists themselves) need an awareness of how genetic explanations for
human characteristics can be used to both help and harm individuals and societies.
While genetic science can better humanity, the histories of genetics-based
discrimination and eugenics practices cannot be forgotten or ignored. Bioethicists
are greatly concerned with such issues and hope to educate the public concerning
the pros and cons of advances in genetic science (Nuffield Council on Bioethics,
2001; President's Council on Bioethics, 2004). Therefore, it is important to gain a
sense of the public's awareness of the potential psychosocial ramifications of
discovering possible genetic origins for homosexuality.

POSSIBLE BENEFITS
In some polls and studies of heterosexual people's attributions for homosexuality, it
has been demonstrated that when individuals believe that homosexuality is a matter
of personal choice, their attitudes toward gay men and lesbians tend to be more
negative, whereas more positive attitudes toward gay men and lesbians are
associated with attributing homosexuality to something people are “born with”
(Schneider & Lewis, 1984; Whitley, 1990; Wood & Bartkowski, 2004). Weiner et
al.'s (1988) research concerning people's attributions for psychosocial stigmas also
found that attributing the cause of a social stigma to something believed to be
uncontrollable and immutable (such as genetics) is related to more positive attitudes.
A focus on genetic origins also serves to counter the assertions by religious
fundamentalist groups that homosexuality is a chosen “sin” and is “unnatural.”
These findings have led some individuals and groups to assume that identifying a
genetic causal role for homosexuality will result in more tolerant attitudes, as well
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as social and legal gains for gays and lesbians. This assumption is anecdotally
reflected in the adoption by many gay men and lesbians of the “I was born this way”
assertion when advocating for legal and civil rights. It is unclear, however, if the
general public has also considered these possible social, political and psychological
benefits of discovering a genetic basis for homosexuality. The current study is a
much-needed addition to research concerning this sociopolitical issue.

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CHAPTER FIFTY-SIX
POSSIBLE DANGERS
While many believe that identifying a genetic basis for homosexuality may result in
concrete gains for gay and lesbian rights, others remain more skeptical (Billings,
1994; Brookey, 2001; Burr, 1996a; Greenberg & Bailey, 1993; Haynes, 1995;
Hegarty, 2002; Nardi, 1993; Wilcox, 2003). Similar to other minority populations,
gay and lesbian people have been persecuted or considered deviant throughout
history. Although homosexuality was no longer defined by the American Psychiatric
Association (APA) as a psychiatric illness after 1973, discrimination against gay
men and lesbians continues even in the face of the depathologization of
homosexuality by some social institutions. The link between homosexuality and
stigma seems quite resistant to attempts at normalizing gay and lesbian identity. It
seems tenuous, therefore, to assert that the discovery of a genetic link for
homosexuality would somehow “legitimate” gay and lesbian identity, or result in the
eradication of societal discrimination against homosexual people, despite empirical
evidence of an association between genetic explanations and tolerance toward gays
and lesbians.

History also demonstrates that establishing causal genetic links connected to

stigmatized identities does not necessarily mitigate discrimination (Brookey, 2001;
Brookey, 2002; Nardi, 1993). Rather, a genetic link to homosexuality may be
interpreted by some as a genetic anomaly, flaw or defect that might someday be
preventable or even “cured.” Indeed, the history of persecution of gay men and
lesbians over the last 100 years includes the eugenics movement, which attempted
to justify discrimination on the basis of perceived genetic inferiority. This movement
culminated in Nazi Germany with the genocidal extermination of several
populations deemed “subordinate” and “less desirable,” including gay men and
lesbians (Black, 2003).

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Additionally, some current researchers still advocate positions somewhat

reminiscent of eugenics arguments. A recent article by Bailey and Greenberg (2001),
published in the Archives of Sexual Behavior, contains the following statement:

Allowing parents, by means morally unproblematic in themselves, to select for

heterosexuality would be morally acceptable. This is because allowing parents to
select their children's sexual orientation would further parents’ freedom to raise the
sort of children they wish to raise and because selection for heterosexuality may
benefit parents and children and is unlikely to cause significant harm (from the
Abstract).

In light of these findings and assertions, and given that public opinion influences
social policy, more systematic and extensive examination of these issues seems
critical. Therefore, we also chose to investigate in this study whether the public has
considered the psychosocial harm that could result from discovering a genetic basis
for homosexuality.

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 The Strix Mythology Demystified

CHAPTER FIFTY-SEVEN
SCIENTIFIC VEIW ON HOMOSEXUALITY.
The factors attributed an individual's same-sex sexual orientation or sexual
preference remain poorly understood regardless of general terminology in this field
which has underlying implications that suggest various assumptions about the
etiologic bases. For instance, while the use of the term “sexual orientation” evokes,
at best, a relatively neutral stance on etiology, there is no denying the subtle message
inherent in the use of the term “sexual preference” to suggest that there is at least
some degree of individual choice involved. Two major categories of scientific
explanations have been proposed to explain the origins of homosexuality based on
biological and psychosocial influence as discussed below.

Biological theories focus on anatomical, hormonal and genetic factors as argued by

different scientists such as Allen & Gorski, in 1992, LeVay in 1991, Dr Swaab &
Hofman in 1990, Blanchard in 2001, Brown, Fin, Cooke, & Breedlove, in 2002;
Mustanski, Chivers, & Bailey, 2002) or genetic factors respectively.

According to Veniegas & Conely862, no single, specific gene has been implicated in
an association with homosexuality to date, and researchers have been unable to
identify linkages to any genetic region in lesbians. Findings from genetic studies of
homosexuality in humans have been confusing—contradictory at worst and
tantalizing at best—with no clear, strong, compelling evidence for a distinctly
genetic basis for homosexuality863.

In contrast, more psychologically- and sociologically-based studies investigate the

roles of individual choice and decision-making, identity development, societal
hierarchies, gender role stereotypes, role expectations and conformity in the etiology

862
(Veniegas & Conley, 2000).
863
Byne, 1994; McGuire, 1995; Nuffield Council on Bioethics, 2001.

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 The Strix Mythology Demystified

of homosexuality864 Of the various theories offered to explain the origins of

homosexuality, however, it is clear that no single account has won the favor of the
scientific community.

The study by Pew Research Centre was part of a larger study of the public's
understanding of genetic science and the use of genetic explanations for several
human behaviors and characteristics, including sexual orientation with a national
probability sample of 1200 White and Black respondents throughout the United
States. This survey was conducted from January to June 2001. In order to gain a
more complete understanding of how people thought about some of these genetic
issues.

HOW GENETIC INFORMATION CAN HELP AND

HARM PEOPLE
To investigate participants’ ideas about how information concerning a genetic basis
for homosexuality could impact individuals and social systems in both beneficial
and negative ways, interviewers posed two questions: (a) “If it were found that
homosexuality is partly genetic, how do you think that information might be used to
help people?” and (b) “If it were found that homosexuality is partly genetic, how do
you think that information might be used to harm people?” Interviewers requested
clarification when answers were ambiguous or incomplete.

Participants first answered the question concerning their belief about the extent to
which genes play a role in the etiology of homosexuality. The answers were coded
into five categories: (a) genes are fully responsible; (b) genes are partly responsible;
(c) genes play a role in some gay people but not in others; (d) genes are not at all
responsible; (e) don't know.

Participants were also asked to elaborate on why they believed and the extent to
which homosexuality was genetic which led to answers that included a discussion
of other potential causes of homosexuality categorized into four broad categories of
causal influences: (a) Genetic/Biological, Environmental and Personal Choice.

Answers coded as Genetic/Biological contained terms related to biology and/or

genetics or focused on physical aspects of the body. Responses coded as

864
Laumann, Gagnon, Michael, & Michaels, 1994.

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Environmental focused on external factors that impacted on gay men or lesbians,

rather than biological factors or factors relating to individuals’ mental or
motivational states. Answers coded as Personal Choice specifically referred to gay
men's and lesbians’ personal desires, liking, and choices. Genes/biology,
environment, and personal choice were the three main domains of causal
explanations on the origins of homosexuality.865

The study also considered the sources of information participants used when
developing their ideas about the origins of homosexuality and coded their answers
to the question concerning what factors had influenced their opinion. These
included; gay family members, gay friends, acquaintances, or co-workers, non-gay
family and friends, personal experiences, mass media, scientific research and
religious teachings.

865
PEW Research Center, 2003.

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 The Strix Mythology Demystified

CHAPTER FIFTY-EIGHT
GENETIC INFLUENCES ON HOMOSEXUALITY.
The study considered genetic influence as part of the etiology of homosexuality
based on the following responses of some respondents who asserted that
homosexuality is totally genetic:

“I think it's genetic. You can't control your feelings. Those feelings happen and if
those feelings are for someone of the same sex, well, there they are.” (White male,
39 years old, 1-year college)

“I think it's genetic. I just think it happens to people...I don't think it's anything they
really want.” (White male, 66 years old, 2 years of college)

“Certainly, with the stigma that's associated with being gay in this country, it's not
something people would choose. To the extent that there are gays represented in the
population also indicates that it is something that is genetic and inherent and not a
lifestyle choice.” (White male, 48 years old, law degree)

“I feel that you can look at a person and know, so to me that has to be genetic. It's
not something you see [because of] a certain way they're treated. I think it's there.”
(White female, 61 years old, high school degree)

According to these individuals, homosexuality must be genetic because it cannot

possibly be due to what they saw as the other possible cause—either choice or
environment. In these cases, participants appeared to view the origins of
homosexuality through the lens of either the nature vs. free will dichotomy or the
nature vs. nurture dichotomy.

Many respondents believed that genes are partly the cause of homosexuality, yet
they expressed a variety of opinions regarding the degree of the genetic influence.

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 The Strix Mythology Demystified

“Yeah, [it has] a lot to do with it--very major factor.” (White male, 60 years old,
vocational school degree)

“There are genetic factors that can help to predisposition people to be more likely to
be homosexual.” (White male, 47 years old, bachelor's degree)

“I think genetics play a small part, a small part.” (Black male, 53 years old, 2 years
of college)

A few participants stated that they believe homosexuality could have a genetic basis
in some gay people, but not in other gay people.

“I think some are born and I think some are made.” (Black female, 71 years old,
master's degree)

“I think that sometimes it can be in your genes and then I think sometimes it's a life
you live and the people you associate with.” (White female, 69 years old, education
unknown)

“I think that people can have the genes to be homosexual and then particular people
just like to do it like that.” (Black female, unknown age, high school degree)

These statements may indicate a more sophisticated view concerning the origins of
homosexuality in that participants seem to recognize human complexity and
individual differences. Scholars (Garnets & Peplau, 2000; Rosario, 1996; Stein,
1997; Whisman; 1996) have also pointed out the likely etiological variations for
homosexuality depending on the individual.

Finally, a large number of respondents stated that genes are not at all responsible for
homosexuality, and instead other biological factors, the environment and/or choice
are the causes. Their statements concerning the origins of homosexuality are
included in the next sections of this paper.

OTHER BIOLOGICAL INFLUENCES

Other biological explanations besides genetics were given for the origin of
homosexuality (10 responses). The brain, hormones, the blood, disease, and
ambiguous genitalia were suggested as some of the possible biological causes.

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 The Strix Mythology Demystified

“It's a female brain inside of a male body, and vice versa with a lesbian.” (White
male, 60 years old, vocational school)

“It's something wrong with them—a brain defect or something.” (White male, 38
years old, high school degree)

“It just has to be in the blood some type of way.” (Black female, 19 years old, high
school degree)

“I don't know if it's genetic, but it's a disease.” (White male, 38 years old, high school
degree)

Four respondents believed that the biological factor of ambiguous genitalia is

homosexuality's cause. We investigate this possible conflation of biological sex and
homosexuality in more detail in a later section of this paper.

“We've seen studies where people may have been born with both genitalia.” (Black
male, 45 years old, master's degree)

“Part of their genitals are outside and they have to make a decision whether they're
gonna be a boy or a girl at birth, so they did surgery and sometimes they didn't always
make the right decision.” (White female, 52 years old, 1 year of college)

Although all these responses clearly fall into the broader category of
biological/genetic, it is unclear how to interpret these statements in terms of
participants’ specific etiologic beliefs within this category. It may be that
participants equated these biological factors with genetic factors, viewing all biology
as ultimately stemming from genes.

Importantly, however, even though we asked respondents about their belief in the
possible genetic basis of homosexuality and about any other potential causes of
homosexuality, few gave biological answers other than genetics.

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 The Strix Mythology Demystified

CHAPTER FIFTY-NINE
THE INTERNATIONAL SCIENTIFIC COMMUNITY
VIEW ON THE ETIOLOGY OF HOMOSEXUALITY.
The International scientific community has contradicting views on biological and
genetics as the cause or origin of homosexuality among various people with one part
holding that Homosexuality isn’t a choice but rather a genetically enhanced matter
caused by one’s hormones and the other holding the view that genetics has nothing
to do with homosexuality as considered below.

THE VIEW THAT GENETICS CAUSES

HOMOSEXUALITY;
Studies of the brain structure
A number of sections of the brain have been reported to be sexually dimorphic; that
is, they vary between men and women. There have also been reports of variations in
brain structure corresponding to sexual orientation.

In 1990, Dick Swaab and Michel A. Hofman reported a difference in the size of the
suprachiasmatic nucleus between homosexual and heterosexual men866. In 1992,
Allen and Gorski reported a difference related to sexual orientation in the size of the
anterior commissure867, however, but this research was refuted by numerous studies,
one of which found that the entirety of the variation was caused by a single outlier868.

866
Swaab DF, Hofman MA (December 1990). "An enlarged suprachiasmatic nucleus in homosexual men" (PDF).
Brain Research. 537 (1–2): 141–8. doi:10.1016/0006-8993(90)90350-K. PMID 2085769. S2CID 13403716.
867
Allen LS, Gorski RA (August 1992). "Sexual orientation and the size of the anterior commissure in the human
brain". Proceedings of the National Academy of sciences of the United States of America. 89 (15): 7199–202.
Bibcode:1992PNAS...89.7199A. doi:10.1073/pnas.89.15.7199. PMC 49673. PMID 1496013.
868
Byne W, Tobet S, Mattiace LA, Lasco MS, Kemether E, Edgar MA, et al. (September 2001). "The interstitial
nuclei of the human anterior hypothalamus: an investigation of variation with sex, sexual orientation, and HIV status".
Hormones and Behavior. 40 (2): 86–92. doi:10.1006/hbeh.2001.1680. PMID 11534967. S2CID 3175414.

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A 2010 study by Garcia-Falgueras and Swaab stated that "the fetal brain develops
during the intrauterine period in the male direction through a direct action of
testosterone on the developing nerve cells, or in the female direction through the
absence of this hormone surge. In this way, gender identity (the conviction of
belonging to the male or female gender) and sexual orientation are programmed or
organized into brain structures while still in the womb. There is no indication that
social environment after birth has an effect on gender identity or sexual
orientation869.

Research on the physiologic differences between male and female brains are based
on the idea that people have male or a female brain, and this mirrors the behavioral
differences between the two sexes. Some researchers state that solid scientific
support for this is lacking. Although consistent differences have been identified,
including the size of the brain and of specific brain regions, male and female brains
are very similar870.

Sexually Dimorphic Nuclei in The Anterior Hypothalamus

LeVay also conducted some of these early researches. He studied four groups of
neurons in the hypothalamus called INAH1, INAH2, INAH3 and INAH4. This was
a relevant area of the brain to study, because of evidence that it played a role in the
regulation of sexual behaviour in animals, and because INAH2 and INAH3 had
previously been reported to differ in size between men and women871.

He obtained brains from 41 deceased hospital patients. The subjects were classified
into three groups. The first group comprised 19 gay men who had died of AIDS-
related illnesses. The second group comprised 16 men whose sexual orientation was
unknown, but whom the researchers presumed to be heterosexual. Six of these men
had died of AIDS-related illnesses. The third group was of six women whom the

869
Garcia-Falgueras A, Swaab DF (2010). "Sexual Hormones and the Brain: An Essential Alliance for Sexual Identity
and Sexual Orientation". Pediatric Neuroendocrinology. Endocr Dev. Endocrine Development. Vol. 17. pp. 22–35.
doi:10.1159/000262525. ISBN 978-3-8055-9302-1. PMID 19955753.
870
McCarthy MM, Wright CL, Schwarz JM (May 2009). "New tricks by an old dogma: mechanisms of the
Organizational/Activational Hypothesis of steroid-mediated sexual differentiation of brain and behavior". Hormones
and Behavior. 55 (5): 655–65. doi:10.1016/j.yhbeh.2009.02.012. PMC 2742630. PMID 19682425.
871
LeVay S (August 1991). "A difference in hypothalamic structure between heterosexual and homosexual men".
Science. 253 (5023): 1034–7. Bibcode:1991Sci...253.1034L. doi:10.1126/science.1887219. PMID 1887219. S2CID
1674111.

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researchers presumed to be heterosexual. One of the women had died of an AIDS-

related illness872.

The HIV-positive people in the presumably heterosexual patient groups were all
identified from medical records as either intravenous drug abusers or recipients of
blood transfusions. Two of the men who identified as heterosexual specifically
denied ever engaging in a homosexual sex act. The records of the remaining
heterosexual subjects contained no information about their sexual orientation; they
were assumed to have been primarily or exclusively heterosexual "on the basis of
the numerical preponderance of heterosexual men in the population"873

LeVay found no evidence for a difference between the groups in the size of INAH1,
INAH2 or INAH4. However, the INAH3 group appeared to be twice as big in the
heterosexual male group as in the gay male group; the difference was highly
significant, and remained significant when only the six AIDS patients were included
in the heterosexual group. The size of INAH3 in the homosexual men's brains was
comparable to the size of INAH3 in the heterosexual women's brains874.

William Byne and colleagues attempted to identify the size differences reported in
INAH 1–4 by replicating the experiment using brain sample from other subjects: 14
HIV-positive homosexual males, 34 presumed heterosexual males (10 HIV-
positive), and 34 presumed heterosexual females (9 HIV-positive). The researchers
found a significant difference in INAH3 size between heterosexual men and
heterosexual women. The INAH3 size of the homosexual men was apparently
smaller than that of the heterosexual men, and larger than that of the heterosexual
women, though neither difference quite reached statistical significance875.

Byne and colleagues also weighed and counted numbers of neurons in INAH3 tests
not carried out by LeVay. The results for INAH3 weight were similar to those for
INAH3 size; that is, the INAH3 weight for the heterosexual male brains was
significantly larger than for the heterosexual female brains, while the results for the
gay male group were between those of the other two groups but not quite

872
ibid.
873
ibid.
874
https://en.wikipedia.org/wiki/Biology_and_sexual_orientation#cite_note-Lenroot_2010-74
875
Byne W, Tobet S, Mattiace LA, Lasco MS, Kemether E, Edgar MA, et al. (September 2001). "The interstitial
nuclei of the human anterior hypothalamus: an investigation of variation with sex, sexual orientation, and HIV status".
Hormones and Behavior. 40 (2): 86–92. doi:10.1006/hbeh.2001.1680. PMID 11534967. S2CID 3175414.

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significantly different from either. The neuron counts also found a male-female
difference in INAH3, but found no trend related to sexual orientation876.

LeVay has said that Byne replicated his work, but that he employed a two-tailed
statistical analysis, which is typically reserved for when no previous findings had
employed the difference. LeVay has said that "given that my study had already
reported a INAH3 to be smaller in gay men, a one tailed approach would have been
more appropriate, and it would have yielded a significant difference [between
heterosexual and homosexual men]”. [12]: 110

J. Michael Bailey however criticized LeVay's critics—describing the claim that the
INAH-3 difference could be attributable to AIDS as "aggravating", since the "INAH-
3 did not differ between the brains of straight men who died of AIDS and those who
did not have the disease".[79]: 120 Bailey has further criticized the second objection
that was raised, that being gay might have somehow caused the difference in INAH-
3, and not vice-versa, saying "the problem with this idea is that the hypothalamus
appears to develop early. Not a single expert I have ever asked about LeVay's study
thought it was plausible that sexual behavior caused the INAH-3 differences."877

The SCN of homosexual males has been demonstrated to be larger (both the volume
and the number of neurons is twice as many as in heterosexual males). These areas
of the hypothalamus have not yet been explored in homosexual females nor bisexual
males nor females. Although the functional implications of such findings still have
not been examined in detail, they cast serious doubt over the widely accepted Dörner
hypothesis that homosexual males have a "female hypothalamus" and that the key
mechanism of differentiating the "male brain from originally female brain" is the
epigenetic influence of testosterone during prenatal development878.

876
ibid.
877
Bailey J (2003-03-10). The Man Who Would Be Queen. ISBN 978-0-309-08418-5.
878
Swaab DF, Gooren LJ, Hofman MA (1992). "Gender and sexual orientation in relation to hypothalamic structures".
Hormone Research (Submitted manuscript). 38 (Suppl 2): 51–61. doi:10.1159/000182597.
hdl:20.500.11755/7cb8b769-4329-407a-b0ee-13e011017f68. PMID 1292983.

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CHAPTER SIXTY
CHILDHOOD GENDER NONCONFORMITY
According to Micheal Bailey J Childhood gender nonconformity is a strong
predictor of adult sexual orientation that has been consistently replicated in research,
and is thought to be strong evidence of a biological difference between heterosexual
and non-heterosexuals. He states that “childhood gender nonconformity comprises
the following phenomena among boys: cross-dressing, desiring to have long hair,
playing with dolls, disliking competitive sports and rough play, preferring girls as
playmates, exhibiting elevated separation anxiety, and desiring to be—or believing
that one is—a girl. In girls, gender nonconformity comprises dressing like and
playing with boys, showing interest in competitive sports and rough play, lacking
interest in conventionally female toys such as dolls and makeup, and desiring to be
a boy". This gender nonconformist behavior typically emerges at preschool age,
although is often evident as early as age 2. Children are only considered gender
nonconforming if they persistently engage in a variety of these behaviors, as opposed
to engaging in a behavior on a few times or on occasion. It is also not a one-
dimensional trait, but rather has varying degrees879.

Children who grow up to be non-heterosexual were, on average, substantially more

gender nonconforming in childhood. This is confirmed in both retrospective studies
where homosexuals, bisexuals and heterosexuals are asked about their gender typical
behavior in childhood, and in prospective studies, where highly gender
nonconforming children are followed from childhood into adulthood to find out their
sexual orientation. A review of retrospective studies that measured gender
nonconforming traits estimated that 89% of homosexual men exceeded heterosexual
males’ level of gender nonconformity, whereas just 2% of heterosexual men
exceeded the homosexual median. For female sexual orientation, the figures were

879
Bailey JM, Vasey PL, Diamond LM, Breedlove SM, Vilain E, Epprecht M (September 2016). "Sexual Orientation,
Controversy, and Science". Psychological Science in the Public Interest. 17 (2): 45–101.
doi:10.1177/1529100616637616. PMID 27113562.

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81% and 12% respectively. A variety of other assessments such as childhood home
videos, photos and reports of parents also confirm this finding880.

Critics of this research see this as confirming stereotypes; however, no study has
ever demonstrated that this research has exaggerated childhood gender
nonconformity. J. Michael Bailey argues that gay men often deny that they were
gender nonconforming in childhood because they may have been bullied or
maltreated by peers and parents for it, and because they often do not find femininity
attractive in other gay males and thus would not want to acknowledge it in
themselves881.

Additional research in Western cultures and non-Western cultures including Latin

America, Asia, Polynesia, and the Middle East supports the validity of childhood
gender nonconformity as a predictor of adult non-heterosexuality. However, this
does not mean that all non-heterosexuals were gender nonconforming, but rather
indicates that long before sexual attraction is known, non-heterosexuals, on average,
are noticeably different from other children. There is little evidence that gender
nonconforming children have been encouraged or taught to behave that way; rather,
childhood gender nonconformity typically emerges despite conventional
socialization882. Medical experiments in which infant boys were sex reassigned and
reared as girls did not make them feminine nor attracted to males

GAY UNCLE HYPOTHESIS

This theory argues that the future genes of ones who has no family are likely to
develop into gay genes. It advances that people who themselves do not have children
may nonetheless increase the prevalence of their family's genes in future generations
by providing resources (e.g., food, supervision, defense, shelter) to the offspring of
their closest relatives883.

880
Bailey JM, Vasey PL, Diamond LM, Breedlove SM, Vilain E, Epprecht M (September 2016). "Sexual Orientation,
Controversy, and Science". Psychological Science in the Public Interest. 17 (2): 45–101.
doi:10.1177/1529100616637616. PMID 27113562.
881
Bailey JM (2003-03-10). The Man Who Would Be Queen: The Science of Gender-Bending and Transsexualism.
Joseph Henry Press. p. 80. ISBN 978-0-309-08418-5.
882
Bailey JM, Vasey PL, Diamond LM, Breedlove SM, Vilain E, Epprecht M (September 2016). "Sexual Orientation,
Controversy, and Science". Psychological Science in the Public Interest. 17 (2): 45–101.
doi:10.1177/1529100616637616. PMID 27113562.
883
Moskowitz C (11 February 2010). "How Gay Uncles Pass Down Genes". livescience.com. Retrieved 22 July 2020.

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This hypothesis is an extension of the theory of kin selection, which was originally
developed to explain apparent altruistic acts which seemed to be maladaptive. The
initial concept was suggested by J. B. S. Haldane in 1932 and later elaborated by
many others including John Maynard Smith, W. D. Hamilton and Mary Jane West-
Eberhard884. This concept was also used to explain the patterns of certain social
insects where most of the members are non-reproductive.

Vasey and VanderLaan tested the theory on the Pacific island of Samoa, where they
studied women, straight men, and the fa'afafine, men who prefer other men as sexual
partners and are accepted within the culture as a distinct third gender category. They
found that the fa'afafine said they were significantly more willing to help kin, yet
much less interested in helping children who are not family, providing the first
evidence to support the kin selection hypothesis885.

The hypothesis is consistent with other studies on homosexuality, which show that
it is more prevalent amongst both siblings and twins886.

Vasey and VanderLaan (2011) provides evidence that if an adaptively designed

avuncular male androphilic phenotype exists and its development is contingent on a
particular social environment, then a collectivistic cultural context is insufficient, in
and of itself, for the expression of such a phenotype887.

The concept of a single “gay gene” may be debunked, but Dr. Eric Vilain, director
of the Center for Genetic Medicine Research at Children’s National Health System,
said the evidence still supports a biological connection to sexuality in three ways.

FRATERNAL BIRTH ORDER. (FBO)

Men with older brothers are more likely to be homosexual, a finding from research
that has been known and replicated for more than 20 years. Ray Blanchard and

884
Mayr E (1982). The growth of biological thought: diversity, evolution, and inheritance. Cambridge, Mass.: Belknap
Press. p. 598. ISBN 978-0-674-36446-2.
885
VanderLaan DP (2011). The development and evolution of male androphilia in Samoan fa'afafine (Ph.D. thesis).
886
Vasey PL, VanderLaan DP (February 2010). "An adaptive Cognitive dissociation between willingness to help kin
and nonkin in Samoan Fa'afafine". Psychological Science. 21 (2): 292–7. doi:10.1177/0956797609359623. PMID
20424059. S2CID 16265819.; Lay summary in: Bolcer J (5 February 2010). "Study Supports Gay Super Uncles
Theory". The Advocate.
887
Vasey PL, VanderLaan DP (February 2012). "Sexual orientation in men and vascularity in Japan: implications for
the kin selection hypothesis". Archives of Sexual Behavior. 41 (1): 209–15. doi:10.1007/s10508-011-9763-z. PMID
21656333. S2CID 33348533.

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Anthony Bogaert demonstrated that the probability of a boy growing up to be gay

increases for each older brother born to the same mother, the so-called fraternal birth
order (FBO) effect. Their first investigation indicated that each older brother
increased the probability of being gay by about 33%888 .

This startling phenomenon was confirmed in multiple studies based on independent

populations totaling over 10,000 subjects, and a meta-analysis indicated that
between 15% and 29% of gay men owe their sexual orientation to this effect889.

Despite this compelling evidence, a mechanism to account for the effect remained
elusive. In PNAS, Bogaert et al, present direct biochemical evidence indicating that
the increased incidence of homosexuality in males with older brothers results from
a progressive immunization of the mother against a male-specific cell-adhesion
protein that plays a key role in cell–cell interactions, specifically in the process of
synapse formation, during development called neuroligin 4 Y-linked, or NLGN4Y.
This study provides the first data-based explanation for the FBO effect and adds a
significant chapter to growing evidence indicating that sexual orientation is heavily
influenced by prenatal biological mechanisms rather than by unidentified factors in
socialization890.

Handedness. There is a strong correlation between same sex sexual orientation and
being something other than right-handed — so left-handed or ambidextrous — in
both men and women. “It’s been proven in many studies and many cultures,” Vilain
said.

Familiality. There is a subset of gay individuals who have more than one relative in
their family that is also gay. For example, the new study found 30 percent of its
subjects who reported same-sex behavior had a close relative who was also gay. This
result speaks to the heritability of gayness, while also showing — much like the
other results — that genetics can’t explain everything.

888
R Blanchard, AF Bogaert, Homosexuality in men and number of older brothers. Am J Psychiatry 153, 27–31
(1996).
889
R Blanchard, Quantitative and theoretical analyses of the relation between older brothers and homosexuality in
men. J Theor Biol 230, 173–187 (2004).
890
AF Bogaert, et al., Male homosexuality and maternal immune responsivity to the Y-linked protein NLGN4Y. Proc
Natl Acad Sci USA 115, 302–306 (2017).

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SCIENTIFIC VIEW AGAINST GENETICS AS THE

ETIOLOGY OF HOMOSEXUALITY.
According to a study conducted by Ganna et al: Genome-Wide Association (GWA)
study on 493,001 participants from the United States, the United Kingdom, and
Sweden to study genes associated with sexual orientation, genes are not responsible
for a person being gay or a lesbian891.

That’s the first thing you need to know about the largest genetic investigation of
sexuality ever, which was published Thursday in Science. The study of nearly a half
million people closes the door on the debate around the existence of a so-called “gay
gene.”

In its stead, the report finds that human DNA cannot predict who is gay or
heterosexual. Sexuality cannot be pinned down by biology, psychology or life
experiences, this study and others show, because human sexual attraction is decided
by all these factors.

“This is not a first study exploring the genetics of same-sex behavior, but the
previous studies were small and underpowered,” Andrea Ganna, the study’s co-
author and genetics research fellow at the Broad Institute and Mass General
Hospital, said in a press briefing on Wednesday. “Just to give you a sense of the
scale of [our] data, this is approximately 100 times bigger than any previous study
on this topic.”

Sexuality cannot be pinned down by biology, psychology or life experiences, this

study and others show, because human sexual attraction is decided by all these
factors.

The study shows that genes play a small and limited role in determining sexuality.
Genetic heritability — all of the information stored in our genes and passed between
generations — can only explain 8 to 25 percent of why people have same-sex
relations, based on the study’s results.

891
There is no ‘gay gene.’ There is no ‘straight gene.’ Sexuality is just complex, study confirms
Science Aug 29, 2019 6:53 PM EST.

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Moreover, the researchers found that sexuality is polygenic — meaning hundreds or

even thousands of genes make tiny contributions to the trait. That pattern is similar
to other heritable (but complex) characteristics like height or a proclivity toward
trying new things. (Things like red/green colorblindness, freckles and dimples can
be traced back to single genes). But polygenic traits can be strongly influenced by
the environment, meaning there’s no clear winner in this “nature versus nurture”
debate.

It is worth keeping in mind that this study only covered some types of sexuality —
gay, lesbian and cis-straight -but doesn’t offer many insights into gender identity. In
other words, the team only looked at the “LGB” within the acronym LGBTQIA+.

Of course, ethical concerns arise with any attempt to use biology to explain complex
human behavior like sexuality. People like Michael Bailey, a psychologist at
Northwestern University who conducted much of the early research into the
heritability of sexuality, warned against taking these new genetics study — or any
research on sexual behavior — out of context.

For instance, Bailey added, there is no evidence that things like conversion therapy
work.

“Obviously, there are environmental causes of sexual orientation. We knew that

before this study.” said Bailey, citing the well-defined role that life experiences play
in sexual development. “But that doesn’t mean we know how to manipulate sexual
orientation mentally.”

This study pulled the information for 477,500 people across the UK Biobank and
23andMe who had taken a survey about various life behaviors, including whether
they had engaged in a sexual experience with a person of the same sex at any point
in their life. About 26,800 individuals — or 5 percent of the subjects fit this
description, which is similar to the percentage reported across society more
generally. All of the subjects consented to this research, including those pulled from
23andMe’s archives.

The GWA study scans the DNA of hundreds or thousands of individuals, looking
for common patterns that correspond with our health or our behaviors.

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With this genetic trove available, the researchers conducted what’s known as a
genome-wide association study, or GWAS. As the PBS NewsHour reported
previously, a GWAS study scans the DNA of hundreds or thousands of individuals,
looking for common patterns that correspond with our health or our behaviors.

This may sound counterintuitive, but those variations can also share similarities. The
books that make up family look similar to each other — in this example, they contain
other shades of red.

A team led by Brendan Zietsch of the University of Queensland, Australia, mined

several massive genome data banks, including that of 23andMe and the UK Biobank.
They asked more than 477,000 participants whether they had ever had sex with
someone of the same sex, and also questions about sexual fantasies and the degree
to which they identified as gay or straight.

The researchers found five single points in the genome that seemed to be common
among people who had had at least one same-sex experience. Two of these genetic
markers sit close to genes linked to sex hormones and to smell—both factors that
may play a role in sexual attraction. But taken together, these five markers explained
less than 1 percent of the differences in sexual activity among people in the study.
When the researchers looked at the overall genetic similarity of individuals who had
had a same-sex experience, genetics seemed to account for between 8 and 25 percent
of the behavior. The rest was presumably a result of environmental or other
biological influences892.

Despite the associations, the authors found that the genetic similarities still cannot
show whether a given individual is gay. “It’s the end of the ’gay gene,’” says Eric
Vilain, a geneticist at Children’s National Health System in Washington, D.C., who
was not involved in the study.

The study received a warm welcome by researchers such as William Rice, an

evolutionary geneticist at the University of California, Santa Barbara who stated that
“A lot of people want to understand the biology of homosexuality, and science which
has lagged behind that human interest,”

892
Analysis of half a million people suggests genetics may have a limited contribution to sexual orientation. By Sara
Reardon on August 29, 2019

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In 1993 geneticist Dean Hamer of the U.S. National Cancer Institute and his
colleagues published a paper suggesting that an area on the X chromosome called
Xq28 could contain a “gay gene.” But other studies, including the new paper, found
no such link, and Sathirapongsasuti says that the new study is the final nail in the
coffin for Xq28 as a cause of same-sex attraction.

CRITICISM.
Hamer, however disagrees. His study, which analysed the genomes of 40 pairs of
gay brothers, looked exclusively at people who identified as homosexual. He sees
the new paper as an analysis of risky behavior or openness to experience, noting that
participants who engaged in at least one same-sex experience were also more likely
to report having smoked marijuana and having more sexual partners overall. Hamer
says that the findings do not reveal any biological pathways for sexual orientation.
He states that “I’m glad they did it and did a big study, but it doesn’t point us where
to look.”

Rice and Vilain agree that the conclusion is unclear. A more detailed questionnaire
that looks at more aspects of sexuality and environmental influences would allow
the researchers to better pinpoint the roots of attraction.

The authors say that they did see links between sexual orientation and sexual
activity, but concede that the genetic links do not predict orientation. “I think it’s
true we’re capturing part of that risk-taking behavior,” Sathirapongsasuti says, but
the genetic links still suggested that same-sex behavior is related to attraction.

Nevertheless, Hamer and others praise the new contribution to a field that suffers
from a dearth of good studies. “I hope it will be the first of many to come.”

This GWAS study found that, like with many human behaviors, sexuality doesn’t
have a strong genetic backing.

When the team looked for DNA patterns that had strong correlations, they found that
no one gene could account for any more than 1 percent of people’s sexuality. The
strongest signals came from five random genes.

Two of those genes correlated with same-sex sexuality in males, one of which is
known to influence the sense of smell. One gene cropped up for females and two

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others showed solid patterns in both males and females. But their individual scores
never passed this 1-percent mark — meaning they are all minor contributors to same-
sex sexual behavior

When the team looked more broadly across all the genomes — across the thousands
of genes that they screened for the nearly 500,000 subjects — the genes similarities
they found could only account for 8 to 25 percent of same-sex sexual behavior.

“It’s effectively impossible to predict an individual’s sexual behavior from their

genome,” said Ben Neale, a geneticist at Massachusetts General Hospital and the
Broad Institute who led the study. “Genetics is less than half of this story for sexual
behavior.”

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CHAPTER SIXTY-ONE
ENVIRONMENTAL INFLUENCES
A variety of environmental causes were given by participants in the Pew Research
Study. To acquire a deeper understanding of the external influences participants
believe contribute to homosexuality, we further coded environmental responses into
the following categories: (a) upbringing, (b) lack of same-sex role models, (c)
problems with the other gender/sex, (d) trauma, abuse or neglect, and (e) influence
of homosexual others.

Several respondents from the study commented on the importance of one's

upbringing (10 responses):

“It's if you're raised in that environment and if you're taught that it was okay.” (Black
female, 53 years old, high school degree)

“The child got more attention, more care, or felt more comfortable with maybe their
mother more than with their dad.” (Black male, 51 years old, one year of college)

“When a child is young, they tend to be around a lot of women, and the women
ways, they fall upon them.” (Black male, 33 years old, vocational school)

“Because most of his siblings were girls, he tended to acquire what they were doing
as opposed to engaging in what boys would engage in, and he just grew up with it.”
(Black female, 54 years old, master's degree)

Interestingly, many answers concerning the upbringing of homosexual individuals

focused on the influence of females on young males. Thus, many respondents may
have been thinking more of gay men than lesbians when responding to the questions
about homosexuality, a phenomenon found in other research893Two respondents

893
(Black & Stevenson, 1984; Haddock, Zanna, & Esses, 1993).

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referred to a very specific aspect of upbringing: the lack of a male role model for
gay men:

“[He] wasn't accepted by his father and that had a lot to do with him being a
homosexual.” (Black female, 25 years old, 2 years college)

“He has the tendency to act female and prefer a male because he has no male figure
in his life.” (Black female, 59 years old, 1 year of college)

Such beliefs about the origin of homosexuality are consistent with the
psychoanalytic view that gay men have cold, distant relationships with their fathers,
a view unsupported by empirical research yet still circulating in society and upheld
by some psychoanalytic theorists.

belief that homosexuality is due to problems with the other gender:

Despite the fact that few studies (e. g., Tomeo, Templer, Anderson, & Kotler, 2001)
have investigated a possible relationship between abuse and the development of
homosexuality, this causal relationship was a fairly common idea in our sample of
respondents.

THE INFLUENCE OF HOMOSEXUAL OTHERS

(14 responses), respondents asserted: “I have seen those in some homes—they're
growing up around people that we feel or think is a homosexual.” (Black female, 45
years old, bachelor's degree)

“It might be someone at a young age was approached by someone or introduced to

it.” (White female, 47 years old, master's degree)

One participant stated the following about incarcerated fathers who were presumed
to be gay because they engaged in homosexual behaviors in prison:

“Their child that comes to visit them, they altered their mind from birth to make
them believing that this is all right, this is cool, and they turn these people into these
homosexuals.” (White male, 54 years old, bachelor's degree)

Thus, the influence of homosexuals on others was seen as either passive (growing
up in their presence) or as active (introducing heterosexual individuals to
homosexuality). Some of these comments are expressions of the belief that all gays
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and lesbians actively “recruit” young heterosexuals, a cultural myth that is often
perpetuated by hate groups and some religious groups.

Personal choice Thirty-two responses by participants indicated a belief that

homosexuality is at least partly a matter of choice. As several respondents
concluded:

“I think that's it's a lifestyle—it's something that they choose to do.” (White female,
64 years old, bachelor's degree)

“I think some have tried this and it became a habit and they enjoyed it.” (Black
female, 71 years old, master's degree)

“It's just due to a person's own desire and lust of their own flesh.” (White male, 47
years old, 2 years college)

“The men, I think it started from, it's like sports for them. It's like you want to find
out what this is really about.” (Black male, 58 years old, law degree)

The view that choice plays a role in homosexuality has also been found in research
concerning the etiologic beliefs of lesbians and gay men about their own sexual
orientation (Whisman, 1996). However, this causal attribution is not the most
common in the gay community, with most gays and lesbians citing biological and
environmental origins (Bidstrup, 2000).

Interestingly, two participants suggested that while there may be a genetic

predisposition toward homosexuality, it is still an individual's personal choice
whether or not to acknowledge those feelings or act on them:

“The way they choose to live their life is not genetic, but just the fact of being a
homosexual I think is genetic.” (White female, 38 years old, bachelor's degree)

“I feel that we all have some control over our destiny and our urges and our
instincts—that they can be controlled.” (White male, 79 years old, bachelor's degree)

These statements indicate that, in accordance with others’ views (e.g., Brookey,
2001; Byne & Stein, 1997; Greenberg & Bailey, 1993; Nardi, 1993), ascribing a
genetic basis to homosexuality will not necessarily increase favorable attitudes
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towards gays and lesbians, because for some individuals “genetic” does not
necessarily mean “uncontrollable.” As others (e.g., Byne & Stein, 1997; Weinrich,
1995) point out, there are different models of biological causation, so that genes can
be seen as having a direct impact on the development of homosexuality or an indirect
impact, with environmental and personality factors moderating biology's influence.

Other influences Some respondents expressed other ideas about the origins of
homosexuality that were nearly uniformly negative (9 responses):

“I think, personally, people just got their life messed up.” (Black male, 49 years
old,9th grade education)

“Homosexual is a fixation that you receive, like an Oedipus complex or something.”

(White female, 64 years old, bachelor's degree)

“They're just being selfish and greedy—they use the genes as an excuse.” (Black
female, unknown age, high school degree)

Religion also surfaced in the discussion of the etiology of homosexuality with

religious reasons given by three participants:

“It's Satan's work,” (Black female, 58 years old, high school degree)

“God determines sexuality,” (Black male, 38 years old, bachelor's degree)

“It's something that the Lord has put upon you and you just have to bear that cross
in your life.” (White female, 64 years old, bachelor's degree)

These three answers concerning the perceived origins of homosexuality, although

all drawing upon religious beliefs, differ greatly in terms of the specific religious
source and the respondents’ subsequently positive or negative moral assessment of
homosexuality. For instance, ascribing homosexuality to “Satan's work” makes it
clear that homosexuality is seen as evil and against God's will. However, if
homosexuality is considered a “cross to bear” that God has given, then that implies
homosexuality is a punishment. The statement that “God determines sexuality”
could again be construed that homosexuality is a punishment, but could also imply
that it is just one of the many God-given features humans experience.

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CHAPTER SIXTY-TWO
SOURCES OF INFORMATION ABOUT
HOMOSEXUALITY
The study sought to understand more about participants’ beliefs by investigating the
sources of their information, whether they had seen or heard, once again, participants
often gave multiple answers that fell into two or more categories.

Family members, friends, acquaintances, or co-workers who are gay When we asked
about the sources of their information, many respondents gave statements indicating
that their beliefs regarding the origins of homosexuality had derived from gay family
members (12 responses) or gay friends, acquaintances, or co-workers (52 responses).
Participants’ responses were ambiguous about the amount and quality of their
personal contact with the homosexual individuals they referred to.

Some respondents gained their information from talking with homosexual

individuals:

“Well, I have a [gay] friend who told me, because I questioned him a lot about it.”
(Black female, 25 years old, 2 years college).

“A friend of mine is and I used to ask her, ‘Why aren't you attracted to boys?” (White
female, 27 years old, bachelor's degree)

“I've worked with a number of social workers who are gay and we've had some
conversations about their lives and their feelings and things that they experienced in
life.” (Black male, 54 years old, bachelor's degree)

However, a more common source of information was merely knowing of or seeing

someone presumed to be homosexual:

“I've seen a child. A two- or three-year-old child that had the tendencies.” (Black
female, 73 years old, some college)

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“You see people who look like they could be.” (White female, 64 years old,
bachelor's degree)

“He was homosexual and I noticed this when he was 5 years old.” (Black female, 71
years old, master's degree)

“You can watch kids as they grow up and I've seen some kids that seemed like they
were going to be a little, uh, soft, I guess I can put it that way.” (Black male, 24 years
old, high school degree)

Many of these instances concerning observations (and all of the statements above)
had to do with the violations of gender role norms that presumably indicated the
sexual orientation of the individual. This theme of counter stereotyped gender role
behaviors surfaced many times; thus, we investigate it in more depth in a later section
of this paper.

Non-gay family and friend’s Non-gay family and friends were mentioned 9 times as
sources of information as reflected in the following statements:

“My son and I were talking the other day and we were talking about a fellow who
grew up with him that is now deceased—he was homosexual.” (Black female, 71
years old, master's degree)

“My experience with most people [I've talked with] has been the opposite: I don't
think most people believe that it's inherited or genetic.” (White male, 55 years old,
bachelor's degree)

Personal experiences Three responses concerned using general personal experiences

as one's source of information about the etiology of homosexuality.

“I was gonna just say just from some of the other things that I've seen. I haven't really
read up on it.” (White female, 48 years old, 3 years of college)

“Just life experience—my own intuition.” (White male, 39 years old, 1 year of
college)

SCIENTIFIC RESEARCH
Some participants (8 responses) credited specific scientific research, yet when they
did, they sometimes showed confusion about the scientific findings.
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“I can reflect upon a couple psychology classes in college. The guy, Jung, who was
opposed to Freud's theory, was an authoritarian on that.” (Black male, 51 years old,
associate's degree)

In this statement the participant implied that Carl Jung was an authority on the
etiology of homosexuality, even though Jung's ideas were never empirically tested
and are controversial within the psychological community894.

RELIGIOUS RESPONSES.
Religious teachings Religious teachings (10 responses) were also cited as a source
of information about the etiology of homosexuality.

“I do read and study the Bible a lot and I know what the Bible says about it.” (White
male, 47 years old, 2 years of college)

“I am a firm believer in the word of God.” (Black female, 50 years old, bachelor's
degree)

“It's against God's will.” (White female, 21 years old, associate's degree)

It was noticed that many participants (n = 21) mentioned religion not only when
explaining the source of their information, but also when justifying their answers
and in the course of merely discussing the issue of homosexuality. Because religious
views have been shown to play a large role in beliefs about and attitudes toward
homosexuality895.

One respondent, after being asked the first survey question, declared:

“I think they all got to go to Alcatraz and just live happily ever after. Well, what was
so funny, that Sunday morning my pastor said it the very same way.” (White female,
58 years old, vocational school)

Here, the respondent drew upon a recent conversation with a religious leader
seemingly in order to justify the appropriateness of her beliefs concerning gays and
lesbians that she expanded upon throughout the interview. However, many
individuals who mentioned religion (n = 14) used it to justify their belief that

894
McGowan, 1994; von Raffay & Slotkin, 2000.
895
(PEW Research Center, 2003

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homosexuality has nothing to do with genes, but instead is due to choose and/or
environmental factors:

“I understand it from the Bible it is not natural.” (Black male, 59 years old, bachelor's
degree)

“I know that it's a sin to be anything but a male and a female, straight.” (Black
female, 53 years old, high school degree)

“Man was created in God's image, and therefore a sexual preference for the same
sex is not a natural act and it is a choice.” (White male, 31 years old, associate's
degree)

“I don't know if you know any verses of the Bible, but I'll tell you it's serious against
anybody choosing to be homosexual.” (White male, 30 years old, associate's degree)

Thus, religious beliefs were most often used by participants to refute the possibility
that biology plays a role in sexual orientation, and instead to assert that individual
choice is a cause of homosexuality. Such attributions are consistent with being
morally opposed to homosexuality, because ascribing homosexuality to choose
(rather than to genes or environment) moves it into the moral domain. After all,
immorality can only occur when there is volition.

ADDITIONAL THEMES THAT EMERGED DURING THE

STUDY.
Possible conflation of sex, gender, gender identity, gender roles, and sexual
orientation A theme that emerged during investigation was the respondents’ possible
conflation of the concepts of biological sex, gender, gender identity, gender roles,
and sexual orientation. Biological sex usually is determined by the appearance of the
external genitalia and internal genital structures, along with chromosomal and
hormonal patterns896 whereas gender is the societal construction of “maleness” and
“femaleness” and is not limited to biological sex

Gender identity is one's personal sense of being “male” or “female” and may or may
not be related to biological sex or to gender, but usually is Gender roles are those

896
Byne & Sekaer, 2004.

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behaviors, characteristics, customs and roles in a society that are considered

“feminine” (i.e., appropriate for females) and those considered “masculine” (i.e.,
appropriate for males). They are socially prescribed and can change over time897. A
homosexual sexual orientation is generally defined as sexual attraction to same-sex
individuals. Possible conflation of these concepts occurred when participants
discussed both the potential origins of homosexuality and the sources of their
information.

Twenty-six participants made statements that revealed potential confusion about the
difference between sex or gender and sexual orientation. For example, one
participant asserted:

“It might come down to the fact that there's four different sexes in the human race:
Heterosexual women, homosexual women, heterosexual men, homosexual men.”
(White female, 47 years old, bachelor's degree)

In addition, respondents often demonstrated this possible conflation of sexual

orientation with sex or gender by suggesting that a homosexual individual has the
genes of the “other sex” or that, as discussed previously, ambiguous genitalia is the
cause of homosexuality.

“A lot of it's been because they were operated on and made the wrong sex.” (White
female, 58 years old, 11th grade education)

“Maybe you inherited more female genes and it's actually pulling you toward that
kind of thing.” (Black male, 21 years old, 11th grade education)

“It goes back to genes, when they carry their extra gene for that of a man or that of
a woman.” (Black male, 53 years old, 2 years college)

“You've got so many X and Y chromosomes and I think you get more of one
chromosome when it's a homosexuality person.” (White female, 27 years old,
bachelor's degree)

“If it were a girl, she might be born with more of a penis than the vagina.” (Black
female, 54 years old, master's degree)

897
emedicine.com, 2004.

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“They used to have circuses come to town and they'd say it was a half man, half
woman. They told me that it meant that they were either a homo or a lesbian.” (White
female, 83 years old, bachelor's degree)

Here, the respondents referring to intersex individuals, a population who have gained
public attention since 1997 due to media reports about the “John/Joan” case
(Colapinto, 1997) and to other forms of media information (e.g., Eugenides, 2002;
Gorman & Cole, 2004). However, these respondents’ comments also indicate that
they may be equating intersexuality with homosexuality. Therefore, they seem to
believe that homosexuality is most often (or perhaps even always) associated with
some sort of intersex condition, a belief that is woefully inaccurate.

Seven respondents demonstrated confusion about the differences between gender

identity and sexual orientation. Their statements indicated a belief that
homosexuality for all or many gay men and lesbians has to do with wanting to be
the other sex or gender.

“They have to inherit a set of genes that makes them feel that they should be the
opposite sex.” (White male, 62 years old, master's degree)

“They knew that they wanted to be the opposite sex although they weren't born that
way.” (Black female, 41 years old, master's degree)

“He was a boy all his young life, but he was feeling like he was a girl and he felt
better as being a girl than he was a boy.” (Black female, 53 years old, high school
degree)

Many participants (n = 27) conflated the construct of gender roles with sexual
orientation. For example, as two participants explained:

“Guys would be real, real feminine acting when they were little and the girls would
be masculine acting and they grew up that way.” (White female, 27 years old,
bachelor's degree)

“Maybe they have more female tendencies, or male, whichever.” (White female 52
years old, 1 year of college)

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In particular, however, males exhibiting stereotyped feminine behaviors were most

often cited as examples of gender role nonconformity (21 responses). It may be,
then, that some of these participants have an awareness of research (e.g., Bailey &
Zucker, 1995; Green, 1987) that has demonstrated a connection between gender role
nonconformity in boyhood and later homosexuality in adult men. However, it also
may be that respondents are merely using stereotypes to substantiate their beliefs, so
that they view the violation of gender norms as a proxy for homosexuality.

“If it is a male and they have more female tendencies than they do male tendencies,
I guess that would give them an excuse to say that is why they act so feminine and
do what they do.” (Black female, 50 years old, bachelor's degree)

“The gay men that I know are so gay that they act exactly like a female towards a
male.” (White male, 60 years old, vocational school)

“Most of his siblings were girls. He tended to acquire what they were doing as
opposed to engaging in what boys would engage in and he just grew up with that.”
(Black female, 54 years old, master's degree)

“There is so many feminine characteristics in him that he had to have been born with
these. There's no way he would want to talk like that or walk like that.” (White
female, 48 years old, 3 years of college)

As discussed previously, such gender role stereotypes were often cited as examples
of how the environment can supposedly cause homosexuality, such as when a boy
is raised around many girls and thus adopts their female behaviors. One respondent
relayed a detailed story about a father who didn't take his son fishing, to the
lumberyard, or to the hardware store to buy nails, but instead left the boy in the care
of the mother, who taught the boy to bake cookies and pies. The conclusion of the
story was:

“Her husband made her son a homo because he didn't teach the boy the boy things
that the boy should have known.” (White female, 83 years old, bachelor's degree)

As mentioned before, when respondents were asked about homosexuality they

tended to give examples of gay men rather than lesbians, especially when citing
gender role violations. As others (Herek, 2002; Kite & Deaux, 1987) have pointed
out, gender role “inversion” and homosexuality are often equated, especially for gay

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men. Importantly, research has also shown that individuals who possess negative
attitudes toward gender role inversion have more negative attitudes toward lesbians
and gay men (Kerns & Fine, 1994; Whitley, 2001).

Family lineage A second important theme that surfaced in the interviews was
participants’ (n = 42) use of family lineage examples to explain their beliefs about
homosexuality. Such examples appeared at various points in the interviews as
respondents sifted through their ideas and tried to explain their reasoning. For most
of these respondents who mentioned family lineage, when they cited an example in
which only one homosexual individual was present in a family, they then concluded
that homosexuality is likely not genetic. Respondents believing that genes play no
role stated:

“I have an uncle that's homosexual, and it couldn't have been passed down through
the genes because no one else in my family is homosexual.” (Black male, 33 years
old, vocational school)

“Seems like if he got it from his genes, he'd have a homosexual in his family's
background.” (White male, 38 years old, high school degree)

“I have eight sisters and one brother and she's the only that's gay. So, I really don't
think genetics have anything to do with it.” (Black female, 58 years old, high school
degree)

“To be honest, there's one in my family and I don't know where it came from.”
(White female, 66 years old, high school degree)

“I would think that if it was genetic, he would've got it from someone else in his
family, right? But no one in his family is gay.” (Black male, 37 years old, 2 years of
college)

If, however, respondents mentioned more than one person in a family who was
homosexual, they used this information to substantiate their belief that genes do
indeed play a role. Participants citing a genetic basis for homosexuality explained:

“I've had some acquaintances who have had not one, but two children who have
become homosexual. More than one in the family.” (White female, 58, master's
degree)

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“Well, I know of some families, it might skip the generation. But like one family I
know, there is like maybe five homosexuals in the family.” (Black female, 25 years
old, master's degree)

“I have seen it in a family where there's more than one case in a family.” (White
female, 69 years old, education unknown)

Thus, participants’ insufficient understanding of genetic mechanisms seemed to

contribute to their use of simplistic reasoning concerning heritability and to a
reliance on observable manifestations presumed to be genetic. These findings are
consistent with research concerning the public's limited understanding of genetic
science and point to the need for increased education in this area898.

898
Lanie et al., 2004; Richards, 1996; Richards & Ponder, 1996.

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CHAPTER SIXTY-THREE
HOW INFORMATION THAT HOMOSEXUALITY IS
PARTLY GENETIC COULD BE USED TO HELP
PEOPLE
When asked how it could help people if it were discovered that homosexuality has a
genetic basis, 11 participants said they did not know how such information could be
helpful and 15 participants asserted that there would be nothing helpful about finding
out that homosexuality is partly genetic. However, most respondents gave answers
that reflected their belief in the benefits of this information.

Increase heterosexuals’ tolerance Most statements (29 responses) from participants

contained the idea that the information could be used to educate heterosexual people
and help them to be more accepting and tolerant. Examples of these ideas are the
following:

“It might help people accept homosexuals rather than try and change them into
heterosexuals.” (White female, 47 years old, bachelor's degree)

“Maybe it would help the family to come to deal with it better.” (White female, 37
years old, associate's degree)

“Maybe people who object to homosexuality, maybe their eyes could be opened:
‘Okay, we just thought this was something that was learned instead of already
instilled in them or they were born with it.” (Black female, 44 years old, associate's
degree)

“If it can be established that it is to a certain degree genetic, people will stop thinking
that every gay or lesbian has been molested as a child or is warped, and [instead] can
see it as it is.” (White male, 19 years old, high school degree)

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Show that homosexuality is not a choice Similar to the previous category of

responses is the view by five participants that the genetic information would make
it clear that homosexuality is not a choice.

“It would demonstrate that homosexuality is not totally a choice.” (White male, 57
years old, doctorate degree)

“To maybe open the minds of people who consider it a chosen behavior that's against
God.” (White female, 38 years old, bachelor's degree)

Help homosexuals accept themselves A separate category related to the idea of

increasing tolerance was that the information will help homosexual individuals come
to terms with their own sexuality and not feel ashamed (7 responses).

“I think the person themselves would feel better about themselves—they knew it
was out of their control.” (White male, 62 years old, 2 years of college)

“It would especially help people who feel about their own sexual orientation that it's
wrong.” (White male, 57 years old, doctorate degree)

Most of these responses concerning the use of genetic science to increase tolerance
and acceptance implied that the key issue would be that homosexuality is not a
personal choice and therefore that homosexual individuals cannot be held
responsible, blamed, or shunned for their sexual orientation. This stance has also
been taken by many gay and lesbian activists who believe that finding a genetic (and
therefore supposedly immutable) cause for homosexuality will result in more
tolerance and in the same legal and political protections that racial minorities
currently possess.

However, others assert that finding a genetic basis for homosexuality will not
necessarily lead to political or social tolerance and protections, but instead may
result in gays and lesbians being seen as genetically inferior or defective, a biological
view consistent with the eugenics movement899. In fact, the following category of
responses demonstrates that the fear of Eugenics beliefs is not unfounded.

899
Byne & Stein, 1997; Rosario, 1996; Whisman, 1996.

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Find a cure in total contrast to responses having to do with increasing tolerance and
acceptance, 18 responses from participants focused upon finding a cure for
homosexuality and changing the individual.

“If they could harness that gene and cut it out, it may help people because I've heard
again, on the news and talk shows mainly, that gay people do not like being gay
because they are hated.” (White female, 26 years old, high school degree)

“Maybe we should clone people so that we can get rid of people who have
homosexuality in their genes.” (Black male, 58 years old, law degree)

“If that was detected and they could just straighten somebody out, that'd be good.”
(White male, 44 years old, bachelor's degree)

“I guess if they wanted people not to be, they could remove the genes that cause it.”
(White female, 37 years old, high school degree)

“Well, as far as I'm concerned, it'd be good to correct whatever the problem is in the
gene and have all straight people.” (White female, 61 years old, high school degree)

In addition, two categories of responses, Do Genetic Testing (4 responses), and

Assist in Family Planning (3 responses), indicated that homosexuality was viewed
as undesirable and to be avoided:

“It might help some other people in making their decision as to whether or not they
want to be parents.” (Black female, 41 years old, master's degree)

“You could have people check before they had children if that's something they
wanted to avoid.” (Black female, 58 years old, high school degree)

In support of others’ assertions900, these responses made it evident that the discovery
of genetic causes for homosexuality made a little difference to some individuals in
terms of their acceptance of it. Instead, these respondents asserted that getting rid of
homosexuality is what would be helpful about identifying its genetic basis.

Gould & Whisman held a concern that the discovery of a genetic basis for
homosexuality may lead not only to discrimination, but also to selective abortion,
forced sterilization, gene therapy, and other eugenics practices. Indeed, some

900
(Brookey, 2001; Greenberg & Bailey, 1993; Hegarty, 2002; Nardi, 1993; Whisman, 1996; Wilcox, 2004)

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scholars such as Burr have discussed how “beneficial” it would be for homosexuality
to be due to genetics (rather than choice or environment), because the technology
may soon exist to change people's genes.

As demonstrated in the next section of this paper, statements about changing or

removing genes were also made, by other participants, when discussing the harm
that could result from genetic markers. Clearly then, ideas about the benefits and
problems associated with finding a genetic basis for homosexuality likely depend on
people's personal biases and prejudices and cannot be separated from these
preconceived notions (Brookey, 2000; Hegarty, 2002; Herrn, 1995; Stein, 1994).

How Information That Homosexuality Is Partly Genetic Could Be Used to Harm

People

Although 10 participants did not know how information about the genetic cause of
homosexuality could be used to harm people and 12 respondents believed that there
would be nothing harmful about such knowledge, most participants gave specific
examples of how such genetic information could be harmful.

INCREASE HATE AND DISCRIMINATION

Many respondents expressed concern that the information could be used to increase
hate and discrimination.

“If employers have access to some kind of genetic profile and use it to discriminate.”
(White female, 38 years old, bachelor's degree)

“It just adds fuel to the fire and it would just stereotype gays more.” (Black male, 37
years old, 2 years of college)

“Some parents might disown their children—they would know at an early stage that
they are going to be homosexual and they will have nothing to do with them.” (Black
female, 19 years old, high school degree)

“I'll use the leprosy thing: They're going to put people on an island and separate
them.” (White female, 45 years old, 2 years of college)

“If it could be medically or genetically determined if someone's predisposed to

homosexuality, it could affect military service. It could also affect employers. People

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could be discriminated against because of their record.” (White male, 55 years old,
bachelor's degree)

Many of these respondents recognized that some sort of genetic “marker” could
serve to increase discrimination if prejudiced individuals were allowed access to this
genetic information. As stated previously, these ideas are in accordance with the
views of many researchers and gay and lesbian activists (Byne & Stein, 1997;
Rosario, 1996; Whisman, 1996), who cite the histories of racism in numerous
societies as examples of genetics-based discrimination.

These comments demonstrate that individuals have different ideas about the method
of harm and the object of harm. Participants suggested that a genetic basis for
homosexuality could be harmful to both homosexual individuals who could be
“inflicted” with homosexuality, as though it were a disease. “It would harm them in
the sense that it would be viewed as an okay lifestyle.” (White male, 31 years old,
associate's degree)

The implication here is that if one views homosexuality as a choice that a person has
control over, then one can denounce such behavior (and the person exhibiting the
behavior) as wrong or immoral. However, a genetic basis for homosexuality may
take away individual choice and control, thus reducing stigma and blame. Such a
relationship between causal attributions and attitudes was also found by Weiner et
al. (1988) who showed that when participants believed that a person with a stigma
had no control over that stigma, their attitudes toward that person were more positive
than when they believed the person did have control over the stigma.

INCREASE FAMILY BLAME

Increasing family blame was another category of answers (7 responses):

“They might even use the information to blame the parents.” (Black female, 73 years
old, some college)

“The person might go back to someone in their family and say ‘I am the way I am
because of you’ or something like that.” (White female, 47 years old, master's
degree)

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“They find out someone is gay and it's going to be a full throttle attack on anyone
that is related to this person.” (White female, 21 years old, associate's degree)

“They could be isolated like shorn sheep in terms of the fact that others would say it
goes down through the family—that they all must be tainted with it.” (White male,
62 years old, 2 years of college)

Several of these statements suggest that a genetic basis for homosexuality implies
its heritability, so that all individuals genetically related to someone who is
homosexual would carry “undesirable” genes and thus would be ostracized for
possessing such a “defect.”

The breadth of responses captured in the above survey highlights the fact that
Americans have diverse opinions about the basis for homosexuality that incorporate,
but extend far beyond, commonly discussed nature and nurture perspectives or genes
versus choice arguments. Interestingly, despite the fact that the etiological factors
contributing to sexual orientation are not understood by biological scientists,
psychologists, or other scholars, few respondents stated that they did not know or
understand the basis of homosexuality. In fact, the vast majority of of respondents
were readily able to articulate their views on the etiology of homosexuality and point
to specific examples or sources supporting their opinions. Similar to other studies, it
was found that some individuals’ beliefs about the origins of homosexuality were
rooted entirely within the broad categories of biological, environmental, choice or
other specific factors such as those stemming from religious beliefs. The open-
ended, exploratory nature of our study, however, allowed us to better appreciate the
rich complexity of our respondents’ views as respondents often suggested that
multiple causal factors from more than one broad category contributed to
homosexuality. A few even suggested etiological heterogeneity, noting that different
causes might be important factors for different gay and lesbian individuals. This
illustrates that some respondents likely recognized the complex basis of sexual
orientation and were aware that the interaction of several variables likely impacts
whether or not any particular individual is homosexual.

At the same time, however, many comments reflected a limited awareness about this
multifactorial complexity or demonstrated that participants were swayed by their
biases to reject perspectives that conflicted with their moral framework or limited

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understanding. For instance, those who provided a conservative religious

perspective as the sole contributing factor seemed less likely to consider biological
contributions or account for environmental influences. In addition, many
individuals, no matter what their etiological perspectives, used a simplistic
understanding of inheritance and/or an inaccurate understanding of genetic or other
biological concepts to support their views. We also found that many respondents
substantiated their beliefs by associating homosexuality with a deviation from
normal biological sexual differentiation and/or from stereotypical societal gender
role norms. Again, such views demonstrate a lack of understanding, in that the lines
are blurred between the different conceptual areas of biological sex, gender, gender
roles, and sexuality. Nearly all of our respondents, who collectively embraced a wide
range of beliefs on the origins of homosexuality, were easily able to state their beliefs
and provide insights, often peppered with specific examples or experiences,
regarding support for the foundation of their beliefs. Few, however, reflected on how
their own biases, such as their moral framework or lack of scientific knowledge in
this area, might cloud their understanding of homosexuality.

As with their etiological beliefs, we found that participants’ perspectives on how

genetic knowledge might benefit or harm individuals and society were diverse. Even
respondents’ concepts of what would be considered “helpful” versus what would be
considered “harmful” to homosexuals varied significantly. For instance, although
several respondents suggested that increased genetic knowledge about
homosexuality would somehow increase societal and/or individuals’ acceptance of
homosexuality, some believed that such a shift in perspectives would be a helpful
outcome whereas others viewed this same outcome as harmful. Similarly, some
participants noted the possibility of genetic engineering to eradicate homosexuality
as being a harmful potential outcome of increased genetic knowledge, whereas
others suggested that such an outcome would be favorable. Given this, it is difficult
to predict the potential impact any future genetic discoveries will have on the lives
of gay and lesbian individuals, especially related to changes in public policies related
to adoption, marriage, and discrimination law. It is clearly suggested from these
results, however, that people with highly polar views on issues surrounding
homosexuality will certainly look for, and easily find, ways to use any new genetic
insights that emerge on its etiology to support the moral and sociopolitical agendas
most congruent with their views. Given the responses here, it seems highly unlikely

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that increased genetic information about homosexuality alone would be sufficient or

compelling enough to shift any major policy changes given the diverse moral
frameworks that make up the multicultural fabric of our American society.

The study found that genetic concepts, as understood by the respondents, could be
used to support very diverse opinions, including those suggesting negative eugenic
agendas in 21st century America. This suggests that significant caution is needed as
genetic mechanisms are sought underlying complex human traits, especially those
of an oppressed minority population.

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CHAPTER SIXTY-FOUR
UGANDAN SCIENTIFIC VIEW FROM THE MINISTRY
OF HEALTH ON HOMOSEXUALITY
The Minister of Health requested the Director General Health Services to constitute
a team of expert scientists to review research data, deliberate and advise him on key
questions about homosexuality. A team of scientists was appointed to respond to two
questions: whether there was a scientific /genetic basis for homosexuality? And if
homosexuality could be learned and unlearned?901 The embers of the Ministerial
Scientific Committee on Homosexuality in the Ministry of Health consisted of 12
members who were; Dr. Jane Ruth Aceng, Dr. Isaac Ezati, Dr Jacinto Amandua, Dr.
Sheila Ndyanabangis, Prof Seggane Musisi ,Assoc. Prof. Eugene Kinyanda, Dr
David Basangwa, Dr. Sylvester Onzivua, Dr. Misaki Wayengera, Dr. Paul
Bangirana ,Prof. Wilson Byarugaba Director General Health services Director
Planning and Development Commissioner Clinical Services Head, Mental Health
Desk, J Professor of Psychiatry, MAK Senior Research Scientist, Medical Research
Council. Director, Butabika Hospital Senior Pathologist, Mulago Hospital
Geneticist, MAK Clinical Psychologist, MAK Retired Professor and former Head
of Human and Molecular Genetics, Dept of Pathology, MAK 12.

A series of meetings were held after the experts reviewed existing literature and
presented their views, which were discussed to reach a consensus in respect to the
above questions in reference to a background discussion and understanding of sex
and homosexuality.

A background check revealed that Sex is a natural phenomenon in all life forms and
is the basis for the reproduction and continuum of life, though some lower forms of
life may have asexual reproduction. That Sexuality is determined by biology
(anatomy, physiology, biochemistry) and how one relates to others which is a

901
Ministry of Health Scientific Statement on Homosexuality 10th February 2014.

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function of psychology, sociology, and the culture in which one lives, the latter
includes anthropology, religion and other environmental factors. Ultimately, these
functions are determined by genes and their interactions with the environment.
What, therefore, constituted normal sexual behavior in any given society (learned
sexual practices) was a function of one's biology, psychology, sociology and culture,
the last three being dynamic and often changing. Sexuality, on the other hand was
found to depend on four interrelated factors:

i) sexual identity (XX or XV karyotype that will determine the sex phenotype),

ii) gender identity (the psychological feeling of being male or female and the
accompanying gender roles),

iii) sexual orientation (one’s inner sexual attraction impulses: heterosexual - to

opposite sex, or homosexual- to same sex),

iv) Sexual response (Desire, Excitement, Orgasm, Resolution).

According to the Scientists, Homosexual behavior has existed throughout human

history including in Africa. Judeo-Christian religions (Judaism, Christianity and
Islam) condemn it but not all religions of the world condemn it. Many Western-
based evangelistic missionaries and Arabs penetrated Africa and influenced her
people with their views on homosexuality which is still existence, However,
different cultures practice their sexualities differently and these practices have often
changed with times. Homosexuality existed in Africa way before the coming of the
white man.

However, most African cultures controlled sexual practices, be they heterosexual or

homosexual, and never allowed exhibitionistic sexual behavior. Almost universally,
they contained homosexual practices to such a point that overt homosexuality was
almost unheard of. Indeed, there are undeclared homosexuals in Africa who may not
even know it because their cultures never give room for the expression of such
behavior. Many non-sex practicing individuals exist throughout African societies.
No one has done any study to unpack their sexual orientations.

Accordingly, the Ugandan Scientists maintained that sexual exhibitionism, both

heterosexual and homosexual is alien and repugnant to most African cultures

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CHAPTER SIXTY-FIVE
THE SCIENTIFIC BASIS OF HOMOSEXUALITY
All studies of human sexuality in all races throughout the world and throughout
human history have documented the presence of homosexuality. Studies in the
animal world have also shown homosexual practices to exist in animal and insect
species.

Genetic studies have attempted, though unsuccessfully to pinpoint to one specific

homosexual gene. A singular determinant for sexual orientation has not been
demonstrated. As a result, many scientists hypothesize that a combination of genetic,
hormonal, psychological, environmental and social factors determines sexual
orientation.

Studies in sexology have shown that sexual phenomena exist on a normal

distribution continuum like most human attributes e.g height - most people are in the
middle but others may be taller or shorter. Thus, also in sexuality, there are spectrum
of sexual behaviors. Some people are less fixed in one form of sexuality than others.
Thus, sexuality is a far more flexible human quality than used to be assumed in the
past, demonstrating the biological variability within the human race.

Sexual expression is the function of biology, psychology, sociology and

anthropology, the latter including cultural and religious influences. Ultimately, all
sexual functions are determined by genes and their interactions with the
environment. Thus, the causes of homosexuality can be traced to biological, social,
environmental, psychological or a combination of them. These influence each other.
Reparative therapies to change people's sexual practices have not proven successful
and their scientific validity has remained questionable.

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CAN HOMOSEXUALITY BE LEARNED OR

UNLEARNED?
Homosexuality is sexual behaviour (not a disorder) involving sexual attraction to
people of the same sex. It is not clear whether this differing physiological response
exists at birth or developed after homosexual experience later in life.

The conclusion from the current body of scientific evidence is that there is no single
gene responsible for homosexuality and there is no anatomical or physiological data
that can fully explain its occurrence.

Psychosocial causes of homosexuality imply that it may be learned through

experiences in life. Previous disastrous heterosexual encounters (e.g. erectile
dysfunction, premature ejaculation) may lead to aversion towards homosexual
intercourse. A chance homosexual encounter in early life may be associated with
sexual pleasure leading to homosexual relationships being associated with pleasure.
The increasing influence of Western culture provides homosexuality as a choice one
can make, it's therefore seen as a socially acceptable option for a few.

In conclusion, homosexual tendencies can be taken based on the person's judgement

on what is pleasurable for them. Why this happens to some people is not clear,
whereas some homosexuals may take up the behaviour as an open choice, for others
it may be due to indoctrination, in summary, homosexuality has no clear-cut cause,
several factors are involved which differ from individual to individual. It's not a
disease that has a treatment.

Genetically, homosexuality represents one of the "sexual orientation" variants

possible in the same species, As is the case for many human behavioral variants, the
evolution and emergence of one's self identity as a 'homosexual- be it gay or lesbian"
must be governed by nature and nurture, Ironically, an argument for a purely
structural-genetic basis of the origins of homosexuality contravenes the essence of
sex, which is that of procreation.

Specifically, the essence of homosexuality would be an antithesis for the Darwinian

evolution of sex in species largely because homosexuality does not offer an
opportunity for the self-propagation of the species, This has been a critical and
fundamental argument by some scholars against the non-genetic basis of

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homosexuality, However, the counterargument has been for group survival, that
some individuals in a group not overburdened by reproduction responsibilities would
be available to give a hand to weak members of the group (e.g, the elderly and
children) as happens in social animals. In our view, at least from existing knowledge
and literature, there is no basis for a single, definitive structural genetic basis of
homosexuality. That said, the influence of the largely unstudied processes of
epigenetics-which involves non-structural modifications of the genetic code, and
represent one of the ways by which we learn many of our acquired traits that we can
even pass on to our off-springs, cannot be ruled out. Chromosome linkage studies,
based on linking a single gene locus to a physical trait, previously identified a
position on the female chromose X (denoted Xq28) as a possible influence (Hamer,
1993). A preponderance of gay relatives on the maternal side, was also stated.
Subsequent studies however, failed to replicate these findings. More recently, a
group from the American Societies of Human Genetics has used a genome-wide
study to replicate Hamer's Xq28 in animal model studies, in Drosophila. In Korea a
scientific team induced attraction to urine of the same sex mice by deleting a single
gene. These studies were not conclusive.

The practice of homosexuality in animals is, however, uncommon as are many

physical deviants. Brain structure, again provides another area of controversy, with
reports of homosexual versus heterosexual variations at the suprachiasmatic area and
more recently the hypothalamus. Again, this study did not provide any conclusive
evidence.

THE NEED TO REGULATE SEXUALITIES

Throughout the world, human activity is regulated to 'safeguard citizens, especially
the weak and vulnerable, against the dangers inherent in human activities. Thus,
human sexuality also needs to be regulated especially as it is the core of the family
and hence the nation. At anyone time rules and regulations are based on the current
prevailing knowledge and understanding of what is to regulated. This knowledge
and understanding may change depending on the times and circumstances. Today
the world has come to the realization that indeed homosexuality is a minority sexual
expression practiced by some few members of the community. But, like
heterosexuality, it needs to be regulated. No country, in the world today, has come
up with a successful way to regulate human sexuality, hence the daily scandals and

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rapes of this world including sexual and gender-based violence or human trafficking
for sex. That vulnerable populations (including children, minorities, refugees, the
poor, the elderly, mentally ill etc) need to be protected against sexual (and other)
exploitations is not in question.

They argued that African cultures had contained sexual vices and as such, there was
need to revisit them to contain the present explosion of overt and coercive
homosexual activity with the exploitation of young children.

FINDINGS
The scientists concluded that there is no definitive gene responsible for
homosexuality, that homosexuality is not a disease and not an abnormality, It was
found that every society, has a small number of people with homosexual tendencies
and as such, Homosexuality could be influenced by environmental factors such as
culture, religion, information, peer pressure. They recommended that the practise
needs regulation like any other human behaviour, with the main concern of
protecting the vulnerable and the need for further studies to address sexualities in
the African context.

WEAKNESS OF HOMOSEXUALITY.
Negative health outcomes of this LGBTQIA+ are constantly brought to light and
scant research is conducted or reported which is focused on the adaptive strategies
and strengths LGB adolescents and adults have developed in the face of societal
oppression and discrimination (Harper, Jamil & Wilson, 2007; Harper & Schneider,
2003

Depression
Another study examining LGB youth resiliencies focused on a sample of
gay/bisexual male youth in Puerto Rico (Toro-Alfonso, Diaz, Andujar-Bello &
Nieves-Rosa, 2006). This study used various measurement scales to determine
participants’ perceived level of depression, social support, alcohol/drug use, and
sexual activity. The results demonstrate the presence of a range of health-promoting
strengths such as engagement in protected sexual activity, low consumption of drugs
and alcohol, and the existence of strong social support networks (Toro-Alfonso,
Diaz, Anduiar-Bello & Nieves-Rosa, 2006). The authors assert that even though

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these young men were living in a hetero-normative Puerto Rican culture with
pervasive homophobia and cultural stigma, they developed resiliency strategies that
helped them to overcome potential obstacles. The development of strong ties with
members of their social support network in order to assist with integrating their
sexual orientation identity with their Latino identity and the ability to adapt to
changes were noted as key strengths exhibited by the youth. The authors further note
that the participants’ lack of participation in risky sexual behavior suggests the
presence of a positive identity and sense of self (Toro-Alfonso, Diaz, Anduiar-Bello
& Nieves-Rosa, 2006). This was one of the few studies found to present resiliency
strategies developed by gay/bisexual adolescents to combat negative social and
cultural influences.

Lack of ability to procreate.

According to Father Joseph Mukasa Nkeera, same-sex relationships are against our
culture. They are foreign and very immoral and ungodly as such, He argues that if
they decide to love each other as man to man and woman to woman having in mind
that they can’t produce children they need no chance to raise our children902. This
position was considred by H.E Yoweri Kaguta Museven when He tasked gay men
to procreate as to a way to prove their relation903.
Restrictions in terms of adoption
The irony of LGBTQIA+ movement is that despite the lack of ability to procreate,
its indviduals are desirous to have children which has led to various adoption
applications, however this has been in vain based on diffrent cultural values,
religion, tradition as well as the law as considered below.
In Uganda, Kasha Jacqueline Nabagesera a human rights activist who identifies as a
lesbian. started the application process to adopt a child as a single parent from a local
organization called Ugandans Adopt but a background check revealed her sexual
devation as a lesbian which prompted denial. Her hopes for adopting a child ended
three years later when officials from the Ministry of Gender, Labour and Social
Development told her they would not let her adopt a child on grounds of the childs

902
Would-be Ugandan Parents Denied Adoptions Because of Sexuality". Global Press Journal. 2020-06-07. Retrieved
2020-06-07.
903
Museveni: Uganda won’t support homosexuality. Daily Monitor by Tobbias Jolly Owiny, Reporter. Friday,
February 17, 2023

535
 The Strix Mythology Demystified

best interests, A prime consideration in child matters known as the welfare principal
established under The Childrens Act904
The Russian perspective towards adoption by same sex couples is similar to the
Ugandan one Accordingly, a number of anti-LGBT activists actively campaigned
for Anti-LGBT International Adoption Ban law in Russia which prohibits same gay
couples and people with sexual devaitions from adopting children.
The National Organization for Marriage's head, Brian Brown traveled to Russia in
June of 2013 to advocate for passage of the adoption ban. Brown gave an interview
to a local television station in Moscow, where he told the reporters that prohibiting
adoptions by gay and lesbian couples was a way of halting a slippery slope of “very
negative developments all over the world.” In a speech before the Russian Duma’s
committee on family, women and children, he stated, “Every child should have the
right to have normal parents: a father and a mother.” Days after Brown's trip,
President Putin signed the bill into law905.
Recently, President Putin in a press release argued that “…we must protect our
children, and we will do this, protect our children from degradation and
degeneration’. This clearly maintains Russia’s stand against the whole umbrella of
LGBTQIA+ mainly by prohibition of adoption of children by gay parents.

904
Section 3.
905
Press Releases: Russia Officially Implements Anti-LGBT International Adoption Ban February 14, 2014.

536
 The Strix Mythology Demystified

CHAPTER SIXTY-SIX
Contemporary Issues in Sexual Orientation and Identity
Development in Emerging Adulthood
By emerging adulthood, almost all individuals will have identified a pattern of
sexual attraction for same-sex and/or other-sex individuals and a subset will have
adopted a sexual-minority identity label to accompany patterns of attraction and/or
behaviour involving same-sex others906. Many others will have selected a
heterosexual identity label, with or without consideration to its meaning907.
However, despite evidence that sexual-minority youth are progressing through
milestones associated with forming a sexual-minority identity at younger ages908,
there is still much sexual identity work to be done—for them and their heterosexual
counterparts—during emerging adulthood.
Developing a meaningful sense of one’s sexual orientation and identity is an
important undertaking during emerging adulthood. Indeed, Arnett’s (2000) original
proposal outlining emerging adulthood as a new period of the life course was in
response to an increasingly drawn-out transitional period between adolescence and
adulthood within industrialized societies driven by various social, economic, and
demographic changes. One of these central changes has been a greater acceptance
of premarital sex and cohabitation coupled with patterns of delaying marriage
(Arnett, 2004) that has translated into increased opportunities for sexual and
romantic exploration among emerging adults.
Engaging in sexual identity exploration also goes hand in hand with other prevailing
characteristics of emerging adulthood. Arnett (2000, 2004, 2006, 2007) maintains
that the distinctive features of emerging adulthood include negotiating experiences
of instability, feelings of transition, heightened self-focus, and identity exploration.
Exploring identity options and maintaining flexible commitments in identity
domains, such as education, work, politics, and religion, is commonplace in

906
(Calzo, Antonucci, Mays, & Cochran, 2011; Floyd & Stein, 2002)
907
(Morgan, Steiner, & Thompson, 2010; Morgan & Thompson, 2011; Striepe & Tolman, 2003)
908
(Floyd & Bakeman, 2006; Grov, Bimbi, Nanin, & Parsons, 2006)

537
 The Strix Mythology Demystified

emerging adulthood909 and sexuality is no exception. As a result, this developmental

period offers an especially rich setting for studying how sexual identities are
produced and maintained.
Despite emerging adulthood being the age of possibilities, it is important to
recognize that the transition to adulthood is still frequently equated with
heteronormative milestones such as marriage and parenthood910, for which there are
many legal and structural barriers for sexual minority individuals. Furthermore,
despite evidence of increasing social acceptance for sexual minority individuals
facilitating earlier and less distinctive identity development911, sexual minority
emerging adults continue to experience alarming levels of discrimination and
victimization912. As such, sexual orientation and identity development during
emerging adulthood, especially for those whose sexuality might diverge from
normative models, may be both rife with opportunities for exploration and
simultaneously constrained913.
A small but important body of research over the past 10 years has helped to begin
delineating contemporary emerging adults’ processes of sexual identity
development. The goal of this review is to synthesize this recent literature with
specific attention to issues of sexual identity and sexual orientation among
contemporary emerging adults. The three main areas of focus in this review include
(1) current definitions and conceptualizations of sexual identity, sexual orientation,
and sexual orientation labels;
(2) prevailing theories and perspectives on sexual minority and heterosexual sexual
identity development; and
(3) recent empirical research that informs our understanding of sexual orientation
and identity development among emerging adult populations.

909
(Cote, 2006; Kroger & Marcia, 2011)
910
(Waters, Carr, Keflalas, & Holdaway, 2011)
911
(e.g., Savin-Williams, 2005)
912
(e.g., Friedman et al., 2012)
913
(Torkelson, 2012)

538
 The Strix Mythology Demystified

CHAPTER SIXTY-SEVEN
Definitions and Conceptualization
Identity is broadly understood as a personally and socially meaningful sense of one’s
goals, beliefs, values, and life roles914 . More complex understandings of identity
recognize that identity is defined at intrapersonal and interpersonal levels, consists
of individual, relational, and collective identities and includes multiple identities or
domains of identity that intersect and interact with each other915. Early models of
sexual identity primarily focused on sexual minority populations and emphasized
self-identification with and disclosure of a gay or lesbian label916 Later models of
gay and lesbian identity development began taking into account both individual and
group membership components of sexual identity917 Recently, sexuality researchers
have adopted more inclusive and multidimensional conceptualizations of sexual
identity that incorporate sexual attraction, fantasy, and behaviour, as well as
romantic, emotional, and social preferences, in understanding sexual identity918.
Contemporary scholars conceptualize sexual identity as comprising cognitive and
emotional understandings that individuals have about the meaning and significance
of numerous aspects of their sexuality, such as their sexual attractions, desires,
behaviours, values, and relationships919. Together, this organized set of
understandings help form a personally and socially meaningful sense of one’s
sexuality.
One important component of sexual identity is the understanding an individual hold
about her or his sexual orientation. Despite the prevailing use of three discrete
categories of sexual orientation (heterosexual, bisexual, or gay/lesbian920,
contemporary definitions of sexual orientation are much more complex. Kinsey and
colleague’s innovative seven-category continuum first offered multiple sexual

914
Erikson, 1968; Marcia, 1987)
915
(Vignoles, Schwartz, & Luyckx, 2011)
916
(e.g., Cass, 1979; Coleman, 1982; Troiden, 1989).
917
(e.g., Fassinger & Miller, 1996; McCarn & Fassinger, 1996)
918
(Dillon, Worthington, & Moradi, 2011)
919
(Horowitz & Newcomb, 2001; Savin-Williams, 2011)
920
(Vrangalova & Savin-Williams, 2012)

539
 The Strix Mythology Demystified

orientation options based on the sex of sexual partners that ranged from “0”
representing “exclusively heterosexual” to “6” representing “exclusively
homosexual921”. However, despite its revolutionary qualities, this model is viewed
as incomplete both because it is a binary model that forces same-sex and other-sex
sexual behavior to vary in relation to each other and because it is singularly based
on sexual behavior, thus ignoring other facets of sexuality922. Revised models
allowed homoeroticism and heteroeroticism to vary independently (e.g., Storms,
1980), included multiple dimensions of sexual orientation (such as sexual attraction,
sexual behavior, sexual fantasies, emotional preference, social preference, self-
identification, and lifestyle) and added a temporal measurement923 Currently, a
widely employed definition of sexual orientation is that it is a physiological
predisposition toward patterns of sexual and romantic thoughts, affiliations,
affection, or desires with members of one’s sex, the other sex, both sexes, or neither
sex924. These predispositions are understood to exist on a continuum and may relate
to a self-ascribed sexual orientation label drawn from existing social categories (i.e.,
heterosexual, bisexual, gay/lesbian, asexual). This label frequently represents a
conscious acknowledgment and internalization of one’s sexual orientation925 and
has also been termed sexual orientation identity926. It important to clarify that
although one chooses a sexual orientation label, sexual orientation is not considered
mutable because it is “tied to physiological drives and biological systems that are
beyond conscious choice927”
It is important to note that one’s sexual identity, sexual orientation, and sexual
orientation label or identity do not necessarily correspond perfectly (Glover,
Galliher, & Lamere, 2009; Savin-Williams, 2006). For example, an individual may
elect to identify with a sexual orientation label that is more closely aligned with her
or his behavioral experiences, rather than sexual attraction or desire. Further
complicating matters is that sexual identity and sexual orientation labels are subject
to both historical and cultural forces (Cohler & Hammack, 2007). As a result, it is
both possible and likely for sexual identity to be altered over the life course as shifts

921
(Kinsey, Pomeroy, & Martin, 1948)
922
(Savin-Williams, 2008; Sell, 1997)
923
(past, present, and future; Klein, Sepekoff, & Wolf, 1985).
924
(American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation,
2009)
925
(Mohr, 2002)
926
(Dillon et al., 2011)
927
American Psychological Association Task Force on Appropriate Therapeutic Responses to Sexual Orientation,
2009, p. 30).

540
 The Strix Mythology Demystified

in awareness, understanding, and experience occur (e.g., Diamond, 2008). This

complex and multidimensional perspective of sexual identity and sexual orientation
has only recently gained momentum in the field of sexual identity research,
spawning revisions of traditional models of sexual identity development and a
number of research studies that attempt to identify patterns of exclusivity, variation,
and consistency in sexual identities and labels over time.

Models of Identity Development

In efforts to better understand the processes involved in forming a sexual identity,
scholars have been proposing models of sexual identity development for over 30
years. Because early definitions of sexual identity primarily emphasized self-
identification as a sexual minority, models of sexual identity development have
chiefly focused on understanding the emergence and adoption of a sexual-minority
identity. One of the most widely cited models of lesbian/gay identity development
is Cass’s (1979) six-stage process of incorporating a lesbian/gay identity into one’s
self-concept. These stages included identity confusion, identity comparison, identity
tolerance, identity acceptance, identity pride, and identity synthesis.
Following Cass, multiple authors have offered other versions of sexual
orientation/identity formation for gay and/or lesbian populations (and to a lesser
degree bisexual populations). Almost all of these models describe a linear path of
coming to terms with homoerotic desire and subsequent changes in self-concept that
are required to accept, act upon, internalize, and disclose that desire with regard to
one’s individual and social identity as a sexual minority (Brown, 2002; Reynolds &
Hanjorgiris, 2000). Unfortunately, when efforts have been made to empirically
classify individuals using Cass’s (1979) stage model, researchers have not found
substantive evidence of participants in more than two stages928. However, there is
some empirical evidence of three major milestones within sexual minority
individual’s pathways to “coming out”:
(1) an awareness of being different;
(2) recognizing and exploring same-sex and other-sex attraction and behaviour; and
(3) coming out to oneself and others, which includes an acceptance and integration
of a sexual-minority identity and label929

928
(Johns & Probst, 2004; Halpin & Allen, 2004)
929
(e.g., Cass, 1983; Chapman & Brannock, 1987; Fassinger & Miller, 1996; Levine, 1997).

541
 The Strix Mythology Demystified

Bisexual identity development has historically received less attention than gay or
lesbian identity development but is typically considered distinct from heterosexual,
gay, and lesbian identity development. In an early model of bisexual identity
development, Weinberg, Williams, and Pryor (1994) concluded that many bisexual
individuals initially establish a heterosexual identity and then experience an
extended period of confusion based on attractions to both sexes before settling into
a bisexual identity. Also, because typical notions of sexual identity are dichotomous,
processes of bisexual identity development require identity “invention” and ongoing
maintenance as a result of personal and social resistance to bisexual labels especially
when in a monogamous partnership930. As a result, bisexual identity development is
often viewed as more dynamic and open ended931, with women’s bisexuality being
especially characterized by flexibility, fluidity, and complexity932 Heterosexual
identity development has similarly received less attention than gay or lesbian
identity development. Because sexual identity typically only becomes a visible
aspect of development once an individual begins diverging from the heterosexual
norm933, sexual identity researchers frequently conceptualize heterosexuality as an
unmarked, or invisible, identity934. Indeed, sexual-minority individuals have often
described their sexual identities as more salient and involving an effortful process
than heterosexual-identified individuals935. Nonetheless, several models of
heterosexual identity development have been proposed936, and all of them consider
the likelihood that heterosexual identities are established without much critical
examination or awareness as a result of heteronormative privilege. These models
further propose that establishing an integrated or synthesized heterosexual identity
requires mindful thought and action about one’s hetero sexuality and, likely, a
consideration or recognition of possible alternatives.
Although the historical significance of these models is great, traditional models of
sexual identity that put forth a predetermined developmental trajectory have recently
been challenged937. A common criticism of traditional models has been that sexual
identity development neither necessarily follows a consistent route, nor is
necessarily a stable phenomenon, leading researchers to question whether or not
930
(Bradford, 2004; Brown, 2002; Collins, 2000)
931
(Fassinger & Arseneau, 2007; Fox, 1995; Zinik, 1985)
932
(Diamond, 2008; Kinnish, Strassberg, & Turner, 2005; Rust, 1993).
933
(Striepe & Tolman, 2003)
934
(e.g., Diamond, 2008; Frankel, 2004)
935
(Konik & Stewart, 2004)
936
(Eliason, 1995; Sullivan, 1998; Worthington, Savoy, Dillon, & Vernaglia, 2002)
937
(Diamond, 2005; Savin-Williams, 2001)

542
 The Strix Mythology Demystified

there is a predictable series of steps or static categorization system for sexual

identity938. In particular, individuals whose experiences of sexuality involve
multiplicity and fluidity have been ill described by such models. It is now understood
that patterns of sexual behavior and sexual orientation labels often shift over time
(Diamond, 2008) and that there are often inconsistencies between individuals’
sexual attractions, behaviors, and identities939. As such, the historically dichotomous
and essentialist models of sexuality where individuals possess and seek to publicly
embrace one “true” identity (heterosexual or gay/lesbian) are not empirically
substantiated.
Recently, there have been efforts to amend previous models of sexual identity to
better reflect the complexities and dynamics of sexual identity development through
multidimensional, social constructionist models. For example, Horowitz and
Newcomb (2001) proposed a social constructionist model that is meant to be
applicable to individuals with various sexual orientation identities. The model
separately considers sexual desire, behavior and identity and recognizes the ongoing
and reflexive nature of sexual identity development. Dillon et al. (2011) also offered
a multidimensional and universal model of sexual identity development that
incorporates individual and social processes, including group membership, and is
based loosely on Marcia’s (1987) model of identity development. They describe five
statuses that are presented as nonlinear and flexible. These include
(a) compulsory heterosexuality, defined by naïve commitment to heterosexual and
heterosexism social assumptions;
(b) active exploration, defined by purposeful exploration and evaluation of one’s
own sexuality as well as consideration of one’s and other’s attitudes toward and
privileges afforded to heterosexual and sexual-minority groups;
(c) diffusion, characterized by either a carefree or anxiety-provoking lack of
commitments, either personally or social;
(d) deepening and commitment, including both that which is achieved by
heterosexuals without active exploration and that which is achieved by heterosexual
and sexual-minority individuals via active exploration of personal and social
identities; and

938
(e.g. Eliason & Schope, 2007; Savin-Williams & Diamond, 2000)
939
(Hoburg, Konik, Williams, & Crawford, 2004; Vrangalova & Savin-Williams, 2010)

543
 The Strix Mythology Demystified

(e) synthesis, where “individual sexual identity, group membership identity, and
attitudes toward dominant and marginalized sexual orientation groups merge into an
overall sexual self-concept” 940.
Also challenging the traditional linear, stage-based models of sexual identity
development, Savin-Williams (2001) offered a differential developmental trajectory
model that assumes an interactive approach to development. This framework
recognizes that both similarities and differences exist across, among, and between
individuals of varying sexual orientations and identities, such that there are
developmental milestones and processes that all individuals experience, however,
each pathway is distinctive based not only on sexual orientation but other individual
and group characteristics. In a similar movement away from stage models,
Hammack and Cohler (2009) attempt to transcend essentialist and constructionist
conceptualizations of sexual identity by employing narrative and life course
perspectives to contextualize the process of sexual identity development in history
and discourse. In this paradigm, identity is developed as individuals make sense of
their own sexual desires and experiences through the process of narrative
engagement within a given sociohistorical context.
Recent scholarship has also evidenced increased attention to individuals identifying
as asexual and their processes of sexual identity development. In Storms’ (1980)
two-dimensional model of sexual orientation, asexuality comprised the quadrant that
represented individuals who were low in both same-sex and other-sex attraction or
erotic fantasy. Many recent scholars have similarly emphasized that asexuality is
defined by a lack of sexual attraction or low sexual desire941, with some empirical
evidence to support this definition942. Embedded in this definition is the recognition
that asexual individuals have the capacity for sexual arousal, varying histories of
sexual behavior (solitary and partnered), and the potential for romantic attraction to
and partnership with others (Bogaert, 2006). In a qualitative study of asexual identity
development, Scherrer (2008) described the difficulties of finding and defining a
sexual identity label, the adoption of an essentialist perspective on asexuality to gain
legitimacy, and the importance of considering the romantic (in addition to the
sexual) dimension. Self-identification as asexual is also very important, especially

940
Marcia’s (1987) at (p. 664).
941
(Bogaert, 2006; DeLuzio Chasin, 2011)
942
e.g., Brotto, Knudson, Inskip, Rhodes, & Erskine, 2010; Prause & Graham, 2007)

544
 The Strix Mythology Demystified

given the continued association between asexuality and diagnoses such as

hyposexual desire disorder943.
Another important contemporary critique of traditional models of sexual identity is
based on the increasing normalization of sexual diversity among current cohorts of
(western) youth. Younger generations are increasingly accepting of sexual diversity,
making same-sex sexuality less remarkable and rendering the old sexual identity
categories and coming-out models less applicable944. Indeed, Savin-Williams (2005)
proposed that these changes have eliminated the need for sexual identity labels,
given that the creation of sexual categories reifies essentialist models that are overly
fixated on sexual orientation and underemphasize other facets of sexuality.
Furthermore, given that most models of sexual identity development neglect to
examine the role of multiple individual differences, such as race, ethnicity,
nationality, and socioeconomic class, future understandings of sexual identity must
consider the intersection of these sociocultural and individual forces945 have also
argued for greater attention to gender ideologies in conceptualizations of sexual
identity. Ultimately, despite the proliferation of divergent models of sexual identity
development, contemporary scholars in the field are seemingly in agreement that
current understandings of sexual identity should necessarily be culturally and
historically situated and account for dynamic and complex experiences of sexual
identity.

943
DeLuzio Chasin (2011)
944
(Entrup & Firestein, 2007; Russell, Clarke, & Clary, 2009; Savin-Williams, 2005, 2008)
945
(for an example, see Chun & Singh, 2010). Striepe and Tolman (2003)

545
 The Strix Mythology Demystified

CHAPTER SIXTY-EIGHT
Contemporary Topics in Research on Sexual Identity in
Emerging Adulthood
Trajectories of Achieving Traditional Sexual Identity
Milestones
Resulting from both the legacy of coming-out models and recent efforts to
understand diversity within sexual-minority identity development, multiple
researchers have continued to compare the sequence and timing of traditional
developmental milestone trajectories for sexual-minority youth. Historically,
research has suggested that sexual-minority youth typically adhere to a progression
that involves awareness of difference in childhood, recognition of same-sex
attraction during early adolescence, the original assumption of a same-sex identity
label in late adolescence, and the solidification of a same-sex identity during
emerging adulthood946. However, researchers have more recently suggested that
sociohistorical forces normalizing same-sex sexuality have condensed the timing
between milestones947. For example, in a cross-sectional analysis of reports of same-
sex attraction and identity labels for sexual-minority youth, Glover found no
differences between the adolescent and emerging adult participants, supporting
assertions that contemporary youth are employing similar self-labels at both
developmental stages948.
Despite movement toward earlier awareness and identification among sexual-
minority youth, systematic variation in trajectories of development has been
identified. Underscoring the diversity in timing of sexual orientation milestones,
Friedman, Marshal, Stall, Cheong, and Wright (2008) found three trajectories among
their U.S. urban sexual-minority male sample (ages 18–30, mean age 32) who all
experienced traditional sexual identity milestones in the same order (same-sex

946
(e.g., Troiden, 1989)
947
(e.g., Floyd & Bakeman, 2006; Grov et al., 2006)
948
Glover at el. (2009)

546
 The Strix Mythology Demystified

attraction, same-sex sexual behavior, self-identification with a sexual-minority label,

and disclosure to others) but varied in their timing. Members of the early trajectory
reported experiencing all milestones before emerging adulthood. Members of the
middle trajectory reported attraction and sexual behavior during adolescence but
self-identification and disclosure during emerging adulthood. Members of the late
trajectory did not report same-sex sexual experiences, self-identification, or
disclosure until emerging adulthood. Floyd and Stein (2002), who found similar
diverging trajectories in a younger U.S. sample of sexual-minority adolescents and
emerging adults, proposed that some adolescents may wait until emerging adulthood
to self-identity, disclose to others, and enter same-sex relationship because this
period offers more freedom from parental control and peer stressors associated with
high school.
In U.S.-based samples of sexual-minority adults that also included women, gender
differences in the timing of traditional sexual identity milestones emerged, such that,
on average, women reported older ages of first awareness, same-sex experience, and
self-identification949. In a sample of 2,733 sexual minority adults from the east and
west coasts of the United States, Grov et al. (2006) found that emerging adult men
and women (ages 18–24) reported self-identification at younger ages (average age
was about 15 years for men and 16 years for women) than all other age cohorts;
similar findings materialized for coming out to others (an average of 17 years for
both men and women) and first same-sex experience (averages of 16 years for men
and 17 years for women). They found no differences based on race or ethnicity for
the age that participants self-identified or were out to others, though racial-minority
participants were less likely to be out to their parents.
With regard to the sequencing of the milestones, Floyd and Bakeman (2006) found
that an “identity-centered” pattern of identity was more common among the younger
cohort, such that emerging adult participants more frequently reported self-
identifying before engaging in same-sex behavior than older adult participants.
Women were also more likely to report this sequencing than men. In a study of a
general sexual minority population in California (ages 18–84, mean age 49), Calzo,
Antonucci, Mays, and Cochran (2011) found that most participants across age
groups who achieved sexual identity milestones during emerging adulthood self-
identified on average about a year before their first same-sex sexual experience.
Extending the examination beyond these traditional milestones to identity

949
(Floyd & Bakeman, 2006; Grov et al., 2006)

547
 The Strix Mythology Demystified

commitment, relationship, and community connection among bisexual individuals,

found increases in each of these variables from emerging adulthood through early
and middle adulthood, with some evidence to suggest more identity and relationship
exploration during emerging adulthood950.
Because understanding heterosexual identity development has not been subject to
the same emphasis on milestones associated with coming out, researchers do not
typically examine these variables to understand heterosexual adolescent and
emerging adult heterosexual identity development. Nonetheless, we do know that
the emergence of sexual feelings and other-sex attractions generally occurs in late
childhood or early adolescence, followed by the onset of dating and partnered sexual
activities in middle to late adolescence951. This trajectory, coupled with the
traditional uncomplicated notion of heterosexual identity development, would
suggest that by emerging adulthood, most heterosexual youth have “completed” an
uncomplicated process of sexual identity development. However, there is some
evidence for diversity among heterosexual emerging adults with regard to the
processes of sexual identity development. For example, in two studies of college
men and women (ages 18–23, mean age 19), qualitative analyses of participants’
narratives of sexual identity development identified that substantive subsets of
exclusively heterosexual emerging adults (53% of men and 67% of women) reported
having engaged in sexual identity questioning952. In another study of over 1,000
college students (ages 18-25, mean age = 20), Morgan (2012) employed
Worthington et al.’s (2002) model of heterosexual sexual identity development to
analyse participants’ sexual life history narratives, finding evidence that exclusively
heterosexual participants described varying levels of sexual identity exploration and
commitment, with 19% of men and 28% of women having actively and purposefully
engaged in sexual identity exploration. However, these findings are not necessarily
universal. In a qualitative study with 220 heterosexual-identified emerging adult
college students in Turkey (ages 18–30; mean age = 20)953, found that most
participants indicated that their sexual identity, feelings, and experiences had always
been the same and that participants were confident that their sexual identity would
remain the same into the future.

950
Brewster and Moradi (2010)
951
(Diamond & Savin-Williams, 2009)
952
(Morgan et al., 2010; Morgan & Thompson, 2011)
953953
Boratav (2006)

548
 The Strix Mythology Demystified

In summary, research on the patterns and timing of meeting traditional sexual

identity milestones among contemporary youth indicates that emerging adulthood
continues to be an important developmental period for sexual identity development.
Understanding that many contemporary youths may be “completing” the traditional
milestones before entering emerging adulthood is an important consideration for
researchers and practitioners alike. Furthermore, knowing that other emerging adults
are still grappling with issues of self-identification and identity disclosure and others
are still just beginning to be aware of same-sex attractions during emerging
adulthood points to the substantive variability of experience within this
developmental period. Furthermore, the trend among contemporary emerging adults
to self-identify before engaging in same-sex behavior is particularly important to
recognize because it suggests that youth are privileging sexual attraction over sexual
behavior as an indicator of sexual orientation. These trends appear to be particularly
pronounced among young women, signifying gender differences in the timing and
sequencing of sexual identity development. Lastly, research indicates variation in
heterosexual identity developmental trajectories during emerging adulthood.

Consistency between Dimensions of Sexual Orientation and

Sexual Identity
In addition to continued interest in the timing and sequencing of traditional sexual
identity milestones, a notable recent contribution from research has been a focus on
identifying variation and consistency between different dimensions of sexual
orientation and identity. For example, a study with almost 8,000 college students
(ages 16–23; mean age = 22) from the United States and Canada obtained during the
1990s found general, but not absolute, consistency between measures of sexual
orientation labels, sexual attraction, sexual fantasy, and sexual behavior954. In their
sample, there was a substantive cohort (about 80%) of participants who revealed
highly consistent reports of other-sex-only attraction, fantasy, and behavior. Similar
consistency between measures of sexual identity labelling, sexual attraction, sexual
behavior, and romantic experiences was also identified in a more recent sample of
38 sexual-minority emerging adults in the United States955 as well as among
heterosexual and sexual-minority emerging adults in the third wave of the National
Longitudinal Survey of Adolescent Health (Add Health; Savin-Williams, Joyner, &
Rieger, 2012). Lastly, research with a young population in Thailand (ages 15–21;

954
(Ellis, Robb, & Burke, 2005)
955
(ages 17–22; Glover et al., 2009)

549
 The Strix Mythology Demystified

mean age = 18) evidenced strong correlations between measures of sexual

orientation labels and sexual attraction, r = .64 for women; r = .79 for men956.
Despite finding general consistency among the multiple measures of sexual
orientation, all of these studies also identified notable subset of participants with
variations between domains of sexual orientation and identity. For example, Ellis et
al. (2005) found that despite less than 3% of their male and female population
reported a sexual-minority orientation label, 10% of men and 13% of women
reported some same-sex attraction, 20% of men and 25% of women reported at least
occasional same-sex fantasies, and, among participants with sexual experience,
almost 13% of men and 8% of women reported at least some same-sex sexual
experience. Furthermore, in a study with Turkish university students (ages 17–43;
mean age = 21), three dimensions of sexual orientation (sexual desire, sexual
behavior, sexual orientation label) were significantly, but only moderately,
correlated957. Indeed, 73% of the participants in this study who indicated past or
current same-sex attraction identified as heterosexual. Lastly, in a stratified sample
of about 4,000 men in New York city (no ages reported), Pathela, Blank, Sell, and
Schillinger (2006) found that 12% of men reported having had sex with a man in the
previous year but not a women. Similar to the results found by Eskin et al. (2005),
73% of the men in Pathela et al.’s (2006) study who reported having sex with a man
in the previous year identified as heterosexual.
Overall, these results point to a general correspondence between dimensions of
sexual orientation and identity among sexual-minority and heterosexual-identified
emerging adults. However, all of the studies also revealed that these dimensions do
not always perfectly correspond with each other and that inconsistency between
domains is particularly notable for young women. Despite frequently including
populations spanning adolescence, emerging adulthood, and adulthood, these studies
have not indicated whether consistency between dimensions varies with age. One of
the implications of this research underscores the value of adopting a
multidimensional view of sexual orientation and identity such that assessments or
understandings of sexual orientation and identity that rely exclusively on measures
of sexual attraction, behavior, or identity labeling likely do not accurately reflect
other dimensions of the participant’s personal and interpersonal sexual experience.

956
(van Griensven et al., 2004).
957
rs = .24–.37 (Eskin, Kaynak-Demir, & Demir, 2005)

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 The Strix Mythology Demystified

Exclusivity Within Dimensions of Sexual Orientation and

Sexual Identity
In addition to research that has identified variations between dimensions of sexual
orientation and identity, another important contribution of contemporary studies of
sexual orientation and identity among emerging adults is the identification of
patterns of (non)exclusivity within dimensions of sexual orientation and sexual
identity. As described in the previous section, correspondence between sexual
identity labels and reports of sexual attraction, fantasy, behavior, and romantic
experience is not always absolute. This occurs when participants report varying
degrees of same-sex versus other-sex attraction, fantasy, and behavioral or romantic
experience. As such, these data not only reveal variation between dimensions but
also that a substantive proportion of heterosexual and sexual-minority youth report
nonexclusive patterns of sexual attraction, fantasy, and behavior as well as romantic
experience. Indeed, research has revealed that, particularly among same-sex
identified youth, there is a greater prevalence of nonexclusive patterns of same-sex
attraction than exclusive patterns of same-sex attraction.
In a sample of over 1,000 adults in the United States (75% between the ages of 18–
35)958, not only found evidence for participant identification with intermediary
identity labels (i.e., mostly heterosexual, bisexual, and mostly gay/lesbian), but also
that participants who selected exclusive identity labels (i.e., heterosexual and
gay/lesbian) frequently indicated nonexclusive patterns of sexual attraction and
behavior. Indeed, 52% of gay-identified men and 61% of lesbian-identified women
indicated some current other-sex attraction and/or current or past other-sex behavior.
These findings also revealed that nonexclusively was more common in relation to
sexual attraction than behavior. Furthermore, women were more likely to select
nonexclusive identity label than men; however, reports of nonexclusivity in
attraction or behavior did not differ between the women and men who did identify
with a nonexclusive identity label. Glover et al. (2009) also found more polarized
reports among males than females with regard to sexual identity labels and sexual
attraction, again suggesting more frequent non-exclusivity among same-sex-
oriented young women than young men. Interestingly, among an adult sexual-
minority sample959 of both men and women, Floyd and Bakeman (2006) found that
individuals who self-identified during adolescence were less likely to have had

958
Vrangalova and Savin-Williams (2012)
959
(ages 18-74, average age in the mid-30s)

551
 The Strix Mythology Demystified

heterosexual partners than those who self-identified during emerging adulthood,

thus suggesting that earlier identification with a same-sex identity may be associated
with more exclusive patterns of sexual behavior.
Other recent research has purposely set forth to identify patterns of nonexclusivity
within heterosexual populations. In a sample of 243 heterosexual-identified college
students (ages 18-33, mean age 23), Vrangalova and Savin-Williams (2010) found
that 79% of their female sample and 43% of their male sample indicated at least a
small amount of same-sex attraction and 53% of women and 22% of men reported
at least some fantasizing about members of the same sex. Among those who were
sexually experienced, 14% of women and 4% of men reported a same-sex sexual
partner. In total, 84% of heterosexually identified women and 51% of men indicated
some same-sex attraction, fantasy, or behavior. Lower numbers of same-sex
attracted heterosexual-identified college students (mean age 22) were identified in
Hoburg et al.’s (2004) study: close to 30% of women and 19% of men reported some
same-sex sexual/physical preference. Among their second sample (528
heterosexually identified college students; mean age of 19), 16% of women and 5%
of men reported same-sex fantasies while 7% of women and 4% of men reported
same-sex behavior960. Among heterosexual-identified adolescents and young adults
in Thailand, 10% of men and 12% of females reported same-sex attraction961. In a
recent study of public same-sex kissing among heterosexual-identified college
women, Yost and McCarthy (2012) also found that 33% of their participants
reported having “made out” with another woman at a party.
In sum, the vast majority of adolescents, emerging adults, and adults who experience
same-sex attractions, fantasy, and behavior also experience other-sex attractions,
fantasy, and behavior. Similarly, but with less pervasiveness, a notable proportion
of individuals who primarily experience other-sex attractions, fantasy, and behavior
also experience same-sex fantasy and behavior. These patterns are particularly
evident for young women, and much of this research has evidenced these findings
within college populations; however, it is unknown whether non-exclusivity is
particularly pronounced for emerging adults. These findings complement those that
have identified discrepancies between dimensions of sexual orientation and identity
by further supporting movement away from more essentialist conceptualizations of
sexual orientations and identity and toward multidimensional and complex
understandings of these concepts. Furthermore, this recent body of research

960
(Hoburg et al., 2004)
961
(van Griensven et al., 2004)

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 The Strix Mythology Demystified

encourages the legitimization of bisexuality despite dominant cultural models that

continue to privilege dichotomous perspectives of sexual orientation.

Stability in Dimensions of Sexual Orientation and Labelling

Recent longitudinal research has also been able to address issues of stability over
time in participants’ self-ascribed sexual orientation labels and their reports of
various dimensions of sexual orientation. Most evidence points toward general
stability in sexual orientation labels and across dimensions of sexual orientation. For
example, in a 6-year longitudinal study with a sample of almost 14,000 U.S. youth
(aged 12–25), Ott, Corliss, Wypij, Rosario, and Austin (2011) found that overall
sexual orientation label changes were uncommon, but that women were more likely
to report shifts in orientation labels than men and that sexual-minority participants
were more likely to report shifts than heterosexual participants. Interestingly, these
results also indicated that emerging adults (18–21 years old) were equally likely to
change their sexual orientation label as adolescents (12–17 years old).
Further evidence of general stability in sexual identity was revealed in an analysis
of Add Health data from Wave 3 (aged 18–24) and Wave 4 (aged 24–38), with the
highest rates of stability among the “100% heterosexual” men and similar reports of
stability between the 100% heterosexual and the 100% homosexual participants962.
Bisexual individuals were the most likely to indicate shifts between Wave 2 and
Wave 3 (more often toward heterosexuality rather than homosexuality), and all shifts
that occurred were most frequently to an adjacent identity category. Women were
also more likely than men to subscribe to a nonexclusive identity label and report
shifts over time. Slight shifts in reported sexual attraction were also identified in a
birth cohort of approximately 1,000 New Zealand youth assessed in the 1990s at age
21 and 26963. A small group of men (1.9%) moved away from reporting an exclusive
heterosexual attraction and 1% moved toward it. More women reported moving
away from an exclusive heterosexual attraction (9.5%), but a similar percentage to
the men reported moving toward it (1.3%).
Evidence of slightly more pervasive shifts in sexual orientation labels and reports of
sexual orientation dimensions emerged in a sample of 762 U.S. adults (aged 36–50)
who completed retrospective questionnaires assessing three dimensions of sexual
orientation and self-identification at 5-year intervals (starting with 16–20 years964.

962
(Savin-Williams et al., 2012)
963
(Dickson, Paul, & Herbison, 2003)
964
( Kinnish et al., 2005).

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 The Strix Mythology Demystified

They found that two thirds of the participants reported some kind of shift across the
three dimensions of sexual orientation. Heterosexual women were more likely to
change in sexual fantasy and romantic attraction than heterosexual men and lesbian-
identified women were more likely than gay-identified men to shift their orientation
label and reported romantic attraction, sexual fantasy, and sexual behavior. Bisexual
men and women were equally likely to have shifted sexual orientation labels.
In studies exclusively examining sexual minority youth and adults, patterns of sexual
orientation label changes and diverging reports of sexual orientation components
have also emerged. In a 10-year longitudinal study with 79 sexual-minority women
(between the age of 18–25 at the beginning of the study), Diamond (2008) reported
that 67% of women changed sexual orientation labels at least once, most frequently
moving toward a bisexual or unlabeled identity. In a study with 164 sexual minority
youth from New York city (aged 14–21), Rosario, Schrimshaw, Hunter, and Braun
(2006) identified patterns of change over 1 year in sexual orientation labels, with
male participants reporting more change than female participants.
Overall, this research indicates that among heterosexual and sexual-minority
populations, reported shifts in sexual orientation and/or self-identification are not
particularly frequent, but do occur, especially for sexual-minority participants and
women. These shifts typically involve slight adjustments from one adjacent label to
another and, in emerging adulthood, most frequently include moving away from an
exclusive heterosexual or homosexual identity and toward a bisexual or intermediary
identity label. Regarding when these shifts take place, they can be expected between
adolescence and emerging adulthood, as well as during and after emerging
adulthood. As such, instability in reports of sexual attraction, fantasy, and behavior
as well as sexual identity labels is prominent in, but not limited to, emerging
adulthood.

Sexual Identity Labels

Another contemporary scholarly discussion surrounds the role and applicability of
tradition sexual orientation labels in the lives of contemporary emerging adults.
Savin-Williams (2005) has argued that in response to the restrictions imposed upon
them by traditional sexual orientation labels, youth have refused to allow themselves
to be limited by the confines of the traditional categories and instead opted to adopt
non-traditional labels or relinquish labels altogether. Indeed, adolescents and
emerging adults (aged 15–22, mean age 19) who participated in focus groups
indicated that attraction (cognitive and physiological) and relationship interest were

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 The Strix Mythology Demystified

the two most important components of sexual orientation and that sexual behavior
and self-identification were not necessarily relevant965. The potential for orientation
labels to change and the lack of centrality of a sexual orientation identity in one’s
life were reasons offered for the lack of importance of a sexual orientation label.
Among sexual minority youth (aged 14–21), Glover at al. (2009) found that despite
making use of traditional sexual orientation labels in closed-response survey
questions, about one third of their participants did not rely on traditional labels in
open-ended responses asking them to describe their sexual orientation in their own
words. Furthermore, their research indicated that variability and transitions in the
use of traditional labels for young women may be a result of the labels not accurately
reflecting their attractions. Diamond’s (2008) emerging and young adult sample of
sexual minority women, of whom a subset rejected a traditional sexual orientation
label, indicated that doing so was not only the result of uncertainty, but also a
purposeful rejection of sex-based orientations, the desire to reflect an openness to
change, and because none of the traditional labels accurately represented their
experiences.
Nonetheless, similar, a study with late adolescents in California found that when
offered the option to select a traditional orientation label from a list of options, the
vast majority of non-heterosexual youth identified as gay, lesbian, or bisexual (70%;
Russell, et al., 2009)966. The remaining adolescents selected “Questioning” (13%),
“Queer” (5%), or chose to write in a label (10%) that mostly frequently represented
a more fluid or flexible identity or an ambivalence or resistance to labels. Overall, it
is clear that traditional sexual orientation labels do not resonate with all
contemporary adolescents and emerging adults for a variety of reasons, perhaps most
notably the restrictiveness of the terms. However, whether out of ease or actual
identification with the term, the majority of emerging adults are willing to subscribe
to a traditional sexual orientation label when given the option and that the label they
choose frequently corresponds with other dimensions of their sexual orientation.

How many subgroups are there?

A naturally resulting question from the rejection of traditional sexual orientation
labels by contemporary youth is whether or not there is a way to offer more labels
to more accurately represent individuals’ lived experiences. There is growing
evidence that subdividing traditional sexual orientation groups and offering
965
(Friedman et al., 2004)
966
Glover et al. (2009)

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 The Strix Mythology Demystified

alternative sexual-orientation labels reveal unique groups of people who possess

unique sexual profiles. For example, Weinrich and Klein (2002) found evidence for
a 10-group model based on separately clustering men’s and women’s responses to
the 21-item Klein Sexual Orientation Grid967. This model included three subgroups
of bisexual adults in addition to heterosexual and gay/lesbian orientations.
Worthington and Reynolds (2009) also identified additional “types” of sexual
orientation and identity in their sample of 2,300 adults (aged 18–89; mean age 33)
based on cluster analyses of participants’ orientation to females, orientation to males,
heterosexual identity, and Lesbian/Gay/Bisexual (LGB) identity. They identified
three distinct subgroups of bisexual men and women and two distinct subgroups of
heterosexual women and gay men, for a total of 12 groups. The three female bisexual
subgroups differed based on male versus female orientation and level of LGB
identity. The three male bisexual groups differed based on a slightly higher
orientation toward females over males or a moderately higher orientation to males
over females coupled with a higher LGB identity. The two gay male groups differed
based on a higher heterosexual versus LGB identity. The two heterosexual female
groups differed based on both orientation to women and a higher heterosexual versus
LGB identity.
Research allowing individuals to self-identify with “in-between” labels has also
revealed between-group differences. For example, Thompson and Morgan (2008)
found that among college women (aged 18–29; mean 19), those who identified as
“mostly straight/heterosexual” reported significantly higher same-sex attraction and
fantasy than exclusively heterosexual-identified counterparts and significantly lower
same-sex attraction and fantasy than their bisexual-identified counterparts.
Furthermore, although they resembled their heterosexual counterparts with regard to
sexual relationships, when indicating their ideal sexual relationships, they again
were significantly different from, and in-between, their heterosexual and bisexual
counterparts. In a sample of U.S. adults (75% were between 18 and 35; mean age
was 29), Vrangalova and Savin-Williams (2012) found support for a five-category
model that incorporated “mostly heterosexual” and “mostly gay/lesbian” into the
traditional three-category model (heterosexual, bisexual, and gay/lesbian).
Furthermore, participants who selected the mostly heterosexual and mostly
gay/lesbian labels were distinctive in measures of sexual attraction and sexual
partners in a pattern that suggested a continuous distribution of sexual orientation

967
(Klein et al., 1985)

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 The Strix Mythology Demystified

based on two distinct dimensions (same-sex and other-sex orientation). Interestingly,

in an analysis of Wave 3 and Wave 4 of Add Health data, the most common sexual
identity after “100% heterosexual” was “mostly heterosexual” and when participants
indicated a change in their sexual identity from Wave 3 to Wave 4, it was most
frequently to “mostly heterosexual968”. However, in an analysis of Wave 3 Add
Health data (aged 18–27, mean age = 22), Loosier and Dittus (2010) found no
differences in the number of same-sex relationships partners for mostly heterosexual
youth when compared to heterosexual youth nor for mostly gay/lesbian youth when
compared to gay/lesbian youth. The mostly heterosexual and mostly gay/lesbian
youth did differ from bisexual youth.
It is obvious from current research that a two-category (heterosexual or gay/lesbian)
or three-category (heterosexual, gay/lesbian, or bisexual) classification of identity
does not fully resonate with contemporary youth. These recent studies have revealed
that when given multiple options, adolescent, emerging adult, and adult participants
will frequently subscribe to intermediary and alternative identity labels, especially
“mostly heterosexual.” It remains unclear whether a particular preference for
alternative sexual identity labels exists during emerging adulthood, and if so, what
these alternative labels actually represent to emerging adults. Continued
investigation into shifting meanings of identity labels among contemporary youth is
necessary.

Intersecting Identity Development Processes

Sexual identity is just one of many identity domains undergoing transformation
during emerging adulthood. Recently, scholars have begun to investigate how sexual
identity (particularly sexual minority identity) intersects with other domains of
identity, such as gender identities, racial or ethnic minority identities, and religious
identities. These burgeoning areas of research will be briefly reviewed in the
following section.
First, despite ongoing recommendations to consider gender identity and gender
ideology as relevant, but distinct, aspects of sexual identity development (e.g.,
Shively & DeCecco, 1977; Striepe & Tolman, 2003), few researchers have offered
studies that do so. Striepe and Tolman (2003) noted the importance of recognizing
that questioning or rejecting conventional gender ideologies has implications for the
salience of sexual identity development among both sexual minority and

968
(Savin-Williams et al., 2012)

557
 The Strix Mythology Demystified

heterosexual adolescents. Because researchers have found that gender-related

attitudes generally become more flexible from adolescence into emerging
adulthood969, it is possible these changes facilitate or correspond with explorations
of dimensions of sexual orientation and identity during this developmental period as
well. Interestingly, McDermott and Schwartz (2012) found that among emerging
adult college students, sexual-minority men indicated greater distress than
heterosexual men with regard to questioning their gender role ideologies, perhaps
because sexual-minority men are forced to question their roles as men in society
because they do not fit into dominant heterosexist perceptions of masculinity due to
their sexual orientation.
Gender identity has a similarly complex and dynamic relationship with sexual
identity development during emerging adulthood. Despite historical conflations
between sexual identity and gender identity, researchers have identified numerous
combinations of gender and sexual identities among adults who self-identified
within the transgender spectrum970. Furthermore, although significant subset of
participants maintained traditional gender and sexual identity labels in their study,
“transgender” and “genderqueer” were the most common gender identity labels with
“pansexual” and “queer” as the most common sexual orientation labels. Even though
gender identity and sexual identity need not vary in predictable patterns, these
domains of identity are not completely unrelated. For example, Diamond, Pardo, and
Butterworth (2011) emphasized that experiences of sexual desire and behavior are
contingent upon an appraisal of one’s own and one’s partner’s gender status and that
awareness and exploration of multiplicity and fluidity of either gender identity or
sexual identity frequently leads to an awareness of flexibility in the other domain as
well.
In addition to connections between gender and sexuality, researchers are currently
exploring connections between race or ethnic identity and sexual identity. For
example, several recent studies have examined the experiences of African American
(e.g., Goode-Cross & Good, 2009), Latino (e.g., Jamil, Harper, & Fernandez, 2009),
and Asian/Asian American (e.g., Narui, 2011) sexual minority adolescents and
emerging adults. These studies have suggested that ethnic identity and sexual
identity development processes are generally independent (Jamil et al., 2009) that
certain contexts facilitate either sexual or ethnic identity development, but not both

969
(e.g., Davis, 2007; Marcell, Eftim, Sonenstein, & Pleck, 2011)
970
(e.g., Kuper, Nussbaum, & Mustanski, 2012)

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 The Strix Mythology Demystified

(Narui, 2011), and choices to make a racial identity more central to one’s definition
over a sexual minority identity are based on appraised risk of rejection971.
Intersections between a sexual minority identity and religious identity are another
burgeoning area of research. In a recent study, five hundred and twenty-six 18- to
24-year-old men who have sex with men, who participated in a longitudinal mixed-
methods study revealed how positive and supportive aspects of a religious identity
could be maintained while either reframing or rejecting negative religious messages
about same-sex sexuality, thus enabling the coexistence of both a sexual minority
and religious identity (Kubicek et al., 2009). Dahl and Galliher (2012) described
similar results in a qualitative study with 8 adolescent and 11 emerging adults. Their
sexual-minority-identified participants also acknowledged negative religious
messages that led some participants to seek alternative more accepting religious or
spiritual identities that incorporated the positive qualities of their religious
experiences growing up but were less negative with regard to their sexual minority
orientation and identity. Schachter (2004) has described this process of navigating
multiple identities with conflicting ideologies “identity configurations.”
Emerging adulthood offers a unique period of the life course where young men and
women are often released from restrictions that accompany living with parents to a
time where they can maintain flexible commitments and focus on exploring
alternative identities in domains such as sexuality, gender, religiosity, and ethnicity
or race972. Researchers are just beginning to identify intersections between these
domains of identity to understand how processes of sexual identity development
intersect and diverge from those in other identity domains. Notably, when conflicts
between values emerge, reconciling these differences with regard to one’s personal
and social identities can be particularly challenging and requires ongoing
negotiation.

Conclusions and Future Directions

Recent scholarship has seen an increased focus on recognizing and accounting for
the complexities and multidimensional nature of sexual identity development among
both heterosexual and sexual-minority individuals. This recognition is evident
through the numerous theoretical discussions regarding how to measure and define
sexual orientation and identity, the multiple models proposed to study sexual identity
development among various populations, and the burgeoning empirical literature
971
(Goode-Cross & Goode, 2009).
972
(Arnett, 2004)

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 The Strix Mythology Demystified

assessing developmental trajectories, consistency between and exclusivity within

dimensions of sexual orientation and identity, stability of sexual orientation
dimensions and identity, and issues of sexual identity labelling and categorization.
Scholarship drawn primarily from the past 10 years that addresses or includes
emerging adult populations suggests that this increased attention to diversity within
and between groups in their personal understanding, lived experiences, and
developmental trajectories is warranted; the vast majority of studies have revealed
multiple instances of incongruence between dimensions of sexual orientation and
sexual identity as well as instability leading into and continuing after emerging
adulthood. Furthermore, trajectories of development are divergent in sequence and
timing and no single set of identity labels fully resonates with contemporary
emerging adults.
Indeed, what appears to unify heterosexual and sexual-minority emerging adults
with regard to sexual orientation and identity is complexity, variation, and flexibility,
much like the high variability that characterizes emerging adulthood in general973.
For example, there is a cohort of sexual minority youth who transition into emerging
adulthood having already developed a highly integrated sexual-minority identity.
There is also a cohort of emerging adults who are just starting to explore same-sex
interests and may continue to do so into young adulthood. There is also a cohort of
emerging adults who subscribe to two or more different sexual orientation labels and
another cohort who will maintain the same sexual orientation label throughout
emerging adulthood and beyond. Some emerging adults will resist labelling their
sexual orientation altogether. Even though this kind of variation can take place in
adolescence and adulthood, emerging adulthood offers a particularly fertile and
forgiving milieu for negotiating experiences of instability and transition974.
In particular, the pervasiveness of nonexclusively in sexual attraction, fantasy, and
behavior among sexual-minority emerging adults is one of the more significant
contributions of recent research in this field. It is highly important to legitimize
nonexclusive patterns of sexual orientation, given that conventional cultural models
of sexual orientation continue to stigmatize nonexclusive same-sex attraction and
behavior as a “transitional” orientation or identity. Recognizing the prevalence of
other-sex attraction and behavior among primarily same-sex-oriented emerging
adults as well the prevalence of same-sex attraction and behavior among primarily
other-sex-oriented emerging adults is particularly important during this

973
(Arnett, 2006; Waters et al., 2011)
974
(Arnett, 2004)

560
 The Strix Mythology Demystified

developmental period because internal and external pressures to resolve negotiations

of instability as one head into adulthood may unnecessarily challenge or silence
these common experiences.
These patterns of nonexclusively, variation between domains, and instability in
sexual orientation and identity are especially prominent for young women. In studies
of both heterosexual and sexual-minority populations, most have identified higher
rates of inconsistency and change among emerging adult women than men, though
both genders exhibit flexibility in sexual orientation and identity. Scholars have
suggested that sexual fluidity may be especially pronounced among women because
of women’s partner-centered orientation whereby their identities are constructed and
maintained within the context of relationships975. These gender differences may also
be the result of lower sensitivity to stigma and internalized homonegativity among
women976.

Limitations and Future Research

Despite the recent inroads made toward better understanding sexual orientation and
sexual identity development during emerging adulthood, a number of important
scientific inquiries are lacking. One of the major limitations of the current body of
literature is a specific focus on emerging adulthood. Although many studies include
emerging adults in their sample, they are infrequently the focus of studies or
analysed separately from adolescents or older adults. When data do focus
exclusively on emerging adults, the samples are most often college students, an issue
common to studies of emerging adulthood in general977. Given the lack of studies
either describing emerging adult populations or comparing emerging adults to
adolescents or to young adults, it becomes difficult to assess the particular
developmental issues facing emerging adults as they navigate the transition from
adolescence to adulthood with regard to their sexual orientation and identity. Studies
that focus on describing emerging adults’ sexual orientations and identities during
this developmental period and in comparison, to other developmental periods will
benefit our understanding of both emerging adulthood as a discrete developmental
period and sexual identity and orientation throughout the life span.

975
(Peplau & Garnets, 2000)
976
(Balsam & Mohr, 2007)
977
(Arnett, 2006)

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 The Strix Mythology Demystified

Another limitation in this body of research is that a lack of consistency in defining

sexual orientation makes studies difficult to synthesize978. Although this is not a
limitation specific to research on sexual identity and sexual orientation in emerging
adulthood, greater consistency in measurement would facilitate comparisons across
developmental periods as studies could be compared and aggregated to ascertain a
more complete representation of the diversity and uniformity of experience. As
described in this review, multidimensional conceptualizations of sexual orientation
and sexual identity are currently understood as the most accurate ways to understand
and assess sexual orientation and sexual identity development. Several new sexual
orientation labels have also emerged as meaningful in categorizing individuals into
sexual orientation or identity groups. Systematic use and continued refinement of
these concepts and terms would greatly benefit this area of research.
There is also an ongoing need for this body of research to pay greater attention to
the sociohistorical context of development. Contemporary sexual minority youth979,
and likely heterosexual emerging adults, are subject to different social discourses
with regard to their sexual orientation and identity than youth from 10, 20, and 30
years ago. Furthermore, despite the inclusion of some international research in this
review, information about emerging adults’ sexual identity and orientation primarily
comes from the United States. In addition, U.S. populations continue to be
comprised of predominantly European American participants from middle to high
socioeconomic backgrounds (if indicated). Sexual-minority participants also tend to
primarily be recruited from sexual-minority community centers, events, clubs, or
listservs, resulting in a reduction of diversity in these samples. Greater international
diversity in samples is needed as are continued efforts to reach diverse and varied
populations within the United States.
The fourth area of expansion of research that would greatly benefit this field of study
would be further investigation into how sexual identity intersects with other personal
and social identities. Given the dynamic and reciprocal influences between sexual
orientation/identity development and gender ideology/identity development during
emerging adulthood, further research is needed to clarify these connections. In
particular, attention to the ways that emerging adulthood as a period of the life course
facilitates and restricts exploration and change in these domains would be beneficial
as well as further assessing associations between gender identity and sexuality.
There have also been some inroads with regard to intersections between sexual

978
(Savin-Williams, 2006).
979
(D’Augelli, 2012; Hammack, Thompson, & Pilecki, 2009; Savin-Williams, 2005)

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 The Strix Mythology Demystified

minority and ethnic or racial minority identity as well as religious identity, yielding
valuable information about the ways that concessions in each domain must be
navigated to configure disparate social pressures and ideologies associated with
maintaining each identity. Continued research investigating these dual identities and
others (such as political and vocational identities) as well as how sexual identity
interacts with other life decisions (such as work, marriage, and family) would help
further our understanding of how the domain of sexual identity influences and is
influenced by other domains of identity.
In addition to the studies reviewed in this article, scholars have identified a number
of other important considerations with regard to sexual orientation and identity
development in emerging adulthood. These include a variety of interpersonal and
social influences on sexual orientation and identity development, sexual-minority
emerging adults’ experiences with discrimination as well as social support and
collective action, and numerous physical and psychological health-related outcomes
associated with various sexual orientation identities. A number of clinical
implications for professionals working with emerging adults surrounding issues of
sexual orientation and sexual identity have also been identified. The focus of this
article was to present an overview of existing scholarship concerning developmental
processes related to sexual orientation and identity among contemporary emerging
adults and to provide suggestions for how this field can move forward. In summary,
this body of research suggests that increased attention to diversity within and
between sexual identity groups is warranted but also reveals notable patterns and
meaningful categories of sexual orientation and identity that can be instrumental for
researchers to make sense of the ways that individuals of different age groups,
cohorts, sexual orientations, and sexual identities may resemble and differ from one
another.

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APPENDIX
THE ANTI-HOMOSEXUALITY BILL, 2023
MEMORANDUM
1. Principles of the Bill
The object of the Bill is to establish a comprehensive and enhanced legislation to
protect the traditional family by—
(a) prohibiting any form of sexual relations between persons of the same
sex and the promotion or recognition of sexual relations between persons
of the same sex.
(b) strengthening the nation’s capacity to deal with emerging internal and
external threats to the traditional, heterosexual family. This legislation
further recognizes the fact that same sex attraction is not an innate and
immutable characteristic.
(c) protecting the cherished culture of the people of Uganda, legal,
religious, and traditional family values of Ugandans against the acts of
sexual rights activists seeking to impose their values of sexual promiscuity
on the people of Uganda.
(d) protecting children and youth who are made vulnerable to sexual abuse
through homosexuality and related acts.
(e) i

(f) Defects in existing law

(g) This proposed legislation is designed to address the gaps in the

provisions of other laws in Uganda, for example the Penal Code Act, Cap.
120. The Penal Code Act, Cap. 120 has no comprehensive provision
catering for anti-homosexuality. It focuses on unnatural offences under
section 145 and lacks provisions for penalising the procurement,
promoting, disseminating literature and other pantographic materials
concerning the offences of homosexuality. As a result, there is need for a
legislation to enhance offences relating to homosexuality and clear
provisions for charging, investigating, prosecuting, convicting and
sentencing of offenders.

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 The Strix Mythology Demystified

(h) This legislation seeks to supplement the provisions of the Constitution

of the Republic of Uganda and the Penal Code Act, Cap. 120 by
criminalizing same-sex sexual acts and related acts.

3 REMEDIES
The Bill seeks to:
a) prohibit marriage between persons of the same sex;
b) prohibit and penalize homosexual behavior and related practices;
c) prohibit the promotion of homosexuality; and
d) protect and provide assistance and payment of compensation to victims of
homosexuality.

THE ANTI-HOMOSEXUALITY BILL, 2023

ARRANGEMENT OF CLAUSES
Clause
Part I—PrelImInary
1. Interpretation
Part II—ProhIbItIon of homosexualIty
2. The offence of homosexuality
3. Aggravated homosexuality
4. Attempt to commit homosexuality
5. Protection, assistance and payment of compensation to victims of
homosexuality
6. Consent of the victim
7. Confidentiality
Part III—related offences and PenaltIes
8. Aiding and abetting homosexuality
9. Conspiracy to engage in homosexuality

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10. Procuring homosexuality by threats, etc

11. Detention with intent to commit homosexuality
12. Brothels
13. Same sex marriage
14. Promotion of homosexuality
Part IV—mIscellaneous ProVIsIons
15. Special powers of court
16. Extradition
17. Regulations
Schedule
Currency point

A Bill for an Act

ENTITLED
THE ANTI-HOMOSEXUALITY ACT, 2023
An Act to prohibit any form of sexual relations between persons
of the same sex; prohibit the promotion or recognition of sexual
relations between persons of the same sex; and for related
matters.
BE IT ENACTED by Parliament as follows:
Part I—PrelImInary
1. Interpretation
In this Act, unless the context otherwise requires—
“authority” means having power and control over other people
because of your knowledge and official position; and shall
include a person who exercises religious, political, economic or
social authority;

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“child” means a person below the age of eighteen years;

“court” means a chief magistrates court;
“currency point” has the value assigned to it in the Schedule to
this Act;
“disability” means a substantial limitation of daily life activities
caused by physical, mental or sensory impairment and
environment barriers resulting in limited participation;
“felony” means an offence which is declared by law to be a
felony or if not declared to be a misdemeanour is punishable
without proof of previous conviction, with death or with
imprisonment for three years or more;
“HIV” means the Human Immunodeficiency Virus;
“homosexual’’ means a person who engages or attempts to
engage in same gender sexual activity;
“homosexuality” means same gender or same sex sexual acts;
“Minister’’ means the Minister responsible for ethics and
integrity;
“misdemeanour” means any offence which is not a felony;
“serial offender” means a person who has previous convictions
of the offence of homosexuality or related offences;
“sexual act” includes—
(a) physical sexual activity that does not necessarily culminate in
intercourse and may include the touching of another’s breast, vagina,
penis or anus;
(b) stimulation or penetration of a vagina or mouth or anus or any
part of the body of any person, however slight by a sexual organ;
(c) the unlawful use of any object or organ by a person on another
person’s sexual organ or anus or mouth;
(d) “sexual organ’’ means a vagina, penis or any artificial sexual
contraption;

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“touching” includes touching—

(a) with any part of the body;
(b) with anything else;
(c) through anything;
and in particular includes touching amounting to penetration of any sexual organ,
anus or mouth;
“victim” includes a person who is involved in homosexual activities against his or
her will.
Part II—homosexualIty and related PractIces
2. The offence of homosexuality
(1) A person commits the offence of homosexuality if the person—
(a) penetrates the anus or mouth of another person of the same sex with his
penis or any other sexual contraption;
(b) uses any object or sexual contraption to penetrate or stimulate the
sexual organ of a person of the same sex;
(c) touches another person with the intention of committing the act of
homosexuality;
(d) holds out as a lesbian, gay, transgender, a queer or any other sexual or
gender identity that is contrary to the binary categories of male and female.
(2) A person who commits an offence under this section is liable, on conviction, to
imprisonment for ten years.
3. Aggravated homosexuality
(1) A person commits the offence of aggravated homosexuality where the—
(a) person against whom the offence is committed is below the age of
eighteen years;
(b) offender is a person living with HIV;

(c) offender is a parent or guardian of the person against whom the offence
is committed;

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(d) offender is a person having authority or control over the person against
whom the offence is committed;
(e) victim of the offence is a person with disability;

(f) offender is a serial offender; or

(g) offender applies, administers or causes to be used by any man or woman

any drug, matter or thing with intent to stupefy or overpower him or her
so as to enable any person to have unlawful carnal connection with any
person of the same sex.
(2) A person who commits the offence of aggravated homosexuality shall be
liable, on conviction, to imprisonment for ten years.
(3) Where a person is charged with the offence under this section, that person
shall undergo a medical examination to ascertain his or her HIV status.
4. Attempt to commit homosexuality
(1) A person who attempts to commit the offence of homosexuality commits an
offence and is liable, on conviction, to imprisonment for two years.
(2) A person who attempts to commit the offence of aggravated homosexuality
commits an offense and is liable, on conviction, to a term of imprisonment for ten
years.
5. Protection, assistance and payment of compensation to victims of homosexuality
(1) A victim of homosexuality shall not be penalised for any crime committed as
a direct result of his or her involvement in homosexuality.
(2) A victim of homosexuality shall be assisted to enable his or her views and
concerns to be presented and considered at the appropriate stages of the criminal
proceedings.
(3) Where a person is convicted of homosexuality or aggravated homosexuality
under this Act, the court may, in addition to any punishment provided, order the
person to pay compensation to the victim, of an amount which, in the opinion of the
court is just, having regard to the physical, sexual or psychological harm suffered by
the victim, the degree of force used, medical and other expenses incurred by the
victim as a result of the offence;

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(4) The order referred to in subsection (3) shall be deemed to be a decree under
the Civil Procedure Act, and shall be executed in the manner provided under that
Act.
6. Consent of a victim of homosexuality
Consent of the victim to homosexuality shall not be a defence under this Act.
7. Confidentiality
(1) At any stage of the investigation or trial of an offence under this Act, a law
enforcement officer, prosecutor, judicial officer, medical practitioner, and any party
to the case, shall recognise the right to privacy of the victim.
(2) For purposes of subsection (1), proceedings of the court in cases involving
children and other cases where the court considers it appropriate, shall be conducted
in camera.
(3) Any editor, publisher, reporter or columnist in case of printed materials,
announcer or producer in case of television and radio, producer or director of a film
in case of the movie industry, or any person utilising trimedia facilities or
information technology who publishes or causes the publicity of the names and
personal circumstances or any other information tending to establish the victim’s
identity without authority of the victim or court, commits an offence and is liable,
on conviction, to a fine not exceeding two hundred and fifty currency points.
Part III—related offences and PenaltIes
8. Aiding and abetting homosexuality
A person who aids, abets, counsels or procures another person to engage in acts of
homosexuality commits an offence and is liable, on conviction, to imprisonment for
two years.
9. Conspiracy to engage in homosexuality
A person who conspires with another to induce another person of the same sex by
any means of false pretence or other fraudulent means to permit any person of the
same sex to have unlawful carnal knowledge of him or her commits an offence and
is liable, on conviction, to imprisonment for two years.
10. Procuring homosexuality by threats
(1) A person who—

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(a) by threat or intimidation procures or attempts to procure any woman or

man to have any unlawful carnal knowledge with any person of the same
sex;
(b) by false pretences or false representations procures any woman or man
to have any unlawful carnal connection with any person of the same sex,
commits an offence and is liable, on conviction, to imprisonment for five years.
(2) A person shall not be convicted of an offence under this section upon the
evidence of one witness only, unless that witness is corroborated in some material
particular by evidence implicating the accused.
11. Detention with intent to commit homosexuality
A person who detains another person with the intention to commit acts of
homosexuality with him or her or with any other person commits an offence and is
liable, on conviction, to imprisonment for two years.
12. Brothels
(a) A person who keeps a house, room, set of rooms or place of any kind
for purposes of homosexuality commits an offence and is liable, on
conviction, to imprisonment for seven years.
A person being the owner or occupier of premises or having or acting or assisting in
the management or control of the premises, induces or knowingly causes any man
or woman to resort to or be upon such premises for the purpose of being unlawfully
and carnally known by
(b) any man or woman of the same sex whether such carnal knowledge is
intended to be with any particular man or woman, commits an offence and
is liable, on conviction, to imprisonment for one year.
13. Same sex marriage
(a) A person who purports to contract a marriage with another person of
the same sex commits the offence of homosexuality and shall be liable, on
conviction, to imprisonment for ten years.
(b) A person commits an offence if that person conducts a marriage
ceremony between persons of the same sex and shall, on conviction, be
liable to imprisonment for a maximum of ten years for individuals.

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14. Promotion of homosexuality

(1) A person who—
(a) participatesin production, procuring, marketing, broadcasting,
disseminating, publishing of pornographic materials for purposes of
promoting homosexuality;
(b) funds or sponsors homosexuality or other related activities;

(c) offers premises and other related fixed or movable assets for purposes
of homosexuality or promoting homosexuality;
(d) uses electronic devices which include internet, films, mobile phones for
purposes of homosexuality or promoting homosexuality; or
(e) who acts as an accomplice or attempts to promote or in any way abets
homosexuality and related practices;
commits an offence and is liable, on conviction, to a fine not exceeding five thousand
currency points or imprisonment for a term not exceeding five years, or both.
(2) Where the offender is a corporate body, a business, an association or a non-
governmental organization,
(a) the director, proprietor or promoter shall be liable, on conviction, for
the offence under sub section (1); and
(b) the court shall, on conviction of the offender, order the cancellation of
the certificate of registration.
Part IV—mIscellaneous
15. Special powers of court
(1) The court shall, in determining whether to impose a sentence of imprisonment
for any related offences under this Act, have regard to the need for rehabilitating the
person and may, order the Minister to facilitate the rehabilitation of that person in
the length of the period of the sentence.
(2) In assessing the need for rehabilitation, the court shall have regard to—
(a) evidence of past conduct and behaviour of the offender;

(b) character of the offender; and

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(c) criminal record.

(3) A magistrate court, may if satisfied that a child is likely to engage in acts of
homosexuality, upon application by any person, issue a protection order.

(3) Where the protection order is issued in respect of a child, the magistrate court
may issue appropriate order for the child as it deems necessary
16. Extradition
A person charged with an offence under this Act shall be liable to extradition under
the existing extradition laws.
17. Regulations
The Minister may, by statutory instrument, make regulations for better carrying out
the provisions of this Act.
SCHEDULE s.1.
CURRENCY POINT
One currency point is equivalent to twenty thousand shillings.

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