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==State-sanctioned violence== ===Historic=== [[File:Burning of Sodomites.jpg|thumb|A swiss knight [[Richard Puller von Hohenburg|Sir Richard Puller von Hohenburg]] and his [[squire]] are being punished for their acts of sodomy through being burned at the stake. [[Zurich]], Switzerland. 1482 (Zurich Central Library)]] ====The Middle East==== An early ancient moral penal code that criminalizes all forms of unnaturally lustful carnal knowledge-based intercourse against the order of nature to all individuals involved (typically between those of the same-sex) are recorded in the [[Leviticus|Book of Leviticus]] as written in according to what is described by the [[Torah]] through the [[Hebrews|Hebrew people]] which includes the death penalty for their transgressions within a civilized society. A violently lawful criminal penal code regarding same-sex intercourse is prescribed in the [[Assyrian Empire#Middle Assyrian period|Middle Assyrian]] [[Assyrian law|Law Codes]] (1075 BCE), stating: "If a man lays down with his own brethren, when they have prosecuted and convicted him, they shall stay with him and turn him into a [[eunuch]]".{{Citation needed|date=February 2025}} ====Europe==== [[File:Bor-Nederlantsche-Oorloghen 9161.tif|upright=1.35|thumb|left|A 16th century illustration of the execution of five Franciscan friars through fire and torture for sodomy in [[Bruges]], Belgium. July 26, 1578]] Many harshly enacted laws and penal codes that strictly prohibited the practice of [[sodomy]] are enforced and reinforced throughout the entire European continent to prosecute and punish those who were found guilty for their criminal offense from the 4th to 12th centuries.<ref name = THEOD/> =====Roman Empire===== During the [[Roman Republic|Republican Era of Ancient Rome]], the poorly attested ''[[Lex Scantinia]]'' penalized any adult male for committing a [[sex crime]] ''([[stuprum]])'' against an [[Sexuality in ancient Rome#Sexuality and children|underage male citizen]] ''([[ingenui|ingenuus]])''. It is unclear whether the penalty was death or a fine. The law may also have been used to prosecute [[Sexuality in ancient Rome#Male sexuality|adult male citizens]] who willingly took a [[Pathicus|receiving passive role in same-sex penetrative intercourse]], but prosecutions are rarely recorded and the provisions of the law are vague; as [[John Boswell]] has noted. "If there was a law against carnally lustful relations between individuals of the same-sex, no one in around [[Cicero]]'s time knew anything about it".<ref>[[John Boswell]], ''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, 1980), pp. 63, 67–68, quotation on p. 69. See also Craig Williams, ''Roman Homosexuality: Ideologies of Masculinity in Classical Antiquity'' (Oxford University Press, 1999), p. 116; [[Eva Cantarella]], ''Bisexuality in the Ancient World'' (Yale University Press, 1992), p. 106ff.; Thomas A.J. McGinn, ''Prostitution, Sexuality and the Law in Ancient Rome'' (Oxford University Press, 1998), pp. 140–141; Amy, ''The Garden of Priapus: Sexuality and Aggression in Roman Humor'' (Oxford University Press, 1983, 1992), pp. 86, 224; Jonathan Walters, "Invading the Roman Body", in ''Roman Sexualites'' (Princeton University Press, 1997), pp. 33–35, noting particularly the overly broad definition of the ''Lex Scantinia'' by Adolf Berger, ''Encyclopedic Dictionary of Roman Law'' (American Philosophical Society, 1953, reprinted 1991), pp. 559 and 719. Freeborn Roman men could engage in sex with males of lower status, such as prostitutes and slaves, without moral censure or losing their perceived masculinity, as long as they took the active, penetrating role; see [[Sexuality in ancient Rome]].</ref> When the entire [[Roman Empire]] came under [[Constantine the Great and Christianity|Christian rule]] beginning with [[Roman emperor|the reign]] of [[Constantine the Great]], all forms of sodomite activities between individuals (especially those of the same-sex) were increasingly repressed, often with the pain of death.<ref name="THEOD">(Theodosian Code 9.7.6): All persons who have the shameful custom of condemning a man's body in acting the part of a woman's body to the sufferance of alien sex (for they appear not to be different from women), shall expiate a crime of this kind in avenging flames in the sight of the people.</ref> In 342 CE, the Christian Roman emperors [[Constantius II|Constantius]] and [[Constans]] declared sodomite marriage to be illegal.<ref>[[Theodosian Code]] 9.8.3: ''"When a man marries and is about to offer himself to men in womanly fashion (quum vir nubit in feminam viris porrecturam), what does he wish, when sex has lost all its significance; when the crime is one which it is not profitable to know; when Venus is changed to another form; when love is sought and not found? We order the statutes to arise, the laws to be armed with an avenging sword, that those infamous persons who are now, or who hereafter may be, guilty may be subjected to exquisite punishment.''</ref> Shortly after around the year 390 CE. The Roman emperors [[Valentinian II]], [[Theodosius I]] and [[Arcadius]] declared all acts of sodomy to be an illegal criminal offense against the order of human nature in a civilized society and those who were found guilty of it are severely reprimanded and condemned to be publicly [[death by burning|burned to death]].<ref name="THEOD" /> Roman emperor [[Justinian I]] (527–565 CE) made sodomites a [[Scapegoating|scapegoat]] for problems such as "famines, earthquakes, and pestilences."<ref>Justinian ''Novels'' 77, 144; Michael Brinkschröde, "Christian Homophobia: Four Central Discourses", in ''Combatting Homophobia: Experiences and Analyses Pertinent to Education'' (LIT Verlag, 2011), p. 166.</ref> ===== Switzerland ===== The earliest known execution for sodomy was recorded in the annals of the city of [[Basel]] in 1277. The mention is only one sentence: "''King [[Rudolf I of Germany|Rudolph]] burned Lord Haspisperch for the vice of sodomy.''" The executed was an obscure member of the German-Swiss aristocracy; it is unknown if there was a political motivation behind the execution.<ref>{{Cite book |last=Crompton |first=Louis |url=https://books.google.com/books?id=TfBYd9xVaXcC&q=Haspisperch&pg=PA449 |title=Homosexuality and Civilization |date=2009 |publisher=Harvard University Press |isbn=978-0-674-03006-0 |language=en |access-date=2022-04-15 |archive-date=2023-03-23 |archive-url=https://web.archive.org/web/20230323020425/https://books.google.com/books?id=TfBYd9xVaXcC&q=Haspisperch&pg=PA449 |url-status=live }}</ref> =====France and Florence===== During the [[Middle Ages]], the [[Kingdom of France]] and the [[Florence|City of Florence]] also instated the death penalty. In Florence, a young boy named [[Giovanni di Giovanni]] (1350–1365?) was castrated and burned between the thighs with a red-hot iron by court order under this law.<ref>{{cite book|title=Forbidden Friendships, Homosexuality and Male Culture in Renaissance Florence|year=1996|publisher=Oxford University Press|pages=[https://archive.org/details/forbiddenfriends00rock/page/24 24, 227, 356, 360]|last=Rocke|first=Michael|isbn=0-19-512292-5|url=https://archive.org/details/forbiddenfriends00rock/page/24}}</ref><ref name="litandhomo">{{Cite book |title=Literature and Homosexuality |first=Michael J |last=Meyer |year=2000 |publisher=Rodopi |page=206|isbn=90-420-0519-X }}</ref> These punishments continued into the [[Renaissance]], and spread to the Swiss [[canton of Zürich]]. Knight [[Richard Puller von Hohenburg|Richard von Hohenberg]] (died 1482) was burned at the stake together with his lover, his young squire, during this time. In France, French writer [[Jacques Chausson]] (1618–1661) was also burned alive for attempting to seduce the son of a nobleman. =====England===== In [[Timeline of LGBT history in Britain|England]], the [[Buggery Act 1533]] made sodomy and [[bestiality]] punishable by death.<ref>{{cite web |url=https://www.bl.uk/collection-items/the-buggery-act-1533 |title=The Buggery Act 1533 |website=British Library |access-date=April 5, 2021 |archive-date=September 30, 2020 |archive-url=https://web.archive.org/web/20200930040201/https://www.bl.uk/collection-items/the-buggery-act-1533 |url-status=live }}</ref> This act was superseded in 1828, but sodomy remained punishable by death under the new act until 1861, although the [[James Pratt and John Smith|last executions]] were in 1835.<ref>{{cite web |url=https://www.bl.uk/lgbtq-histories/articles/the-men-killed-under-the-buggery-act |title=The Men Killed Under the Buggery Act |last=Dryden |first=Steven |website=British Library |access-date=April 5, 2021 |archive-date=November 28, 2019 |archive-url=https://web.archive.org/web/20191128012058/https://www.bl.uk/lgbtq-histories/articles/the-men-killed-under-the-buggery-act |url-status=live }}</ref> =====Malta===== In seventeenth century [[Malta]], Scottish voyager and author [[William Lithgow (traveller and author)|William Lithgow]], writing in his diary in March 1616, claims a Spanish soldier and a [[Maltese people|Maltese]] teenage boy were publicly burnt to [[ash]]es for confessing to have practiced sodomy together.<ref name="buttigieg" /><ref>{{cite journal|journal=Melita Historica|last=Brincat|first=Joseph M.|title=Book reviews|url=http://melitensiawth.com/incoming/Index/Melita%20Historica/MH.14(2004-07)/MH.14(2007)4/07.pdf|date=2007|volume=14|page=448|access-date=2018-06-22|archive-url=https://web.archive.org/web/20160416145141/http://melitensiawth.com/incoming/Index/Melita%20Historica/MH.14(2004-07)/MH.14(2007)4/07.pdf|archive-date=2016-04-16|url-status=dead}}</ref> To escape this fate, Lithgow further claimed that a hundred ''bardassoes'' (boy prostitutes) sailed for [[Sicily]] the following day.<ref name="buttigieg">{{cite book|last=Buttigieg|first=Emanuel|date=2011|title=Nobility, Faith and Masculinity: The Hospitaller Knights of Malta, c.1580-c.1700|url=https://books.google.com/books?id=DVqd_gb2tmMC&pg=PA156|publisher=A & C Black|isbn=9781441102430|page=156|access-date=2020-05-06|archive-date=2023-03-23|archive-url=https://web.archive.org/web/20230323020425/https://books.google.com/books?id=DVqd_gb2tmMC&pg=PA156|url-status=live}}</ref> =====The Holocaust===== In [[Nazi Germany]] and [[Occupied Europe]], homosexuals and [[gender-nonconforming]] people<ref>{{Cite web|date=January 27, 2020|title=9 Lesser-Known Details of Queer Persecution During Nazi Germany|url=https://www.them.us/story/queer-persecution-during-nazi-germany|access-date=2021-11-06|website=them.|language=en-US|archive-date=2021-11-06|archive-url=https://web.archive.org/web/20211106114421/https://www.them.us/story/queer-persecution-during-nazi-germany|url-status=live}}</ref> were among the groups targeted by [[the Holocaust]] (''See [[Persecution of homosexuals in Nazi Germany]]''). In 1936, the poet [[Federico García Lorca]] was executed by right-wing rebels who established [[Francisco Franco|Franco]]'s [[Francoist Spain|dictatorship in Spain]]. ===Contemporary=== {{main|LGBT rights by country or territory}} {{World homosexuality laws map|align=right|size=320px}} {{As of|2024|8}}, 64 countries criminalize consensual sexual acts between adults of the same sex.<ref>{{Cite web |last=Wareham |first=Jamie |title=New Maps Show Where It's Illegal To Be LGBTQ In 2023 |url=https://www.forbes.com/sites/jamiewareham/2023/04/07/new-maps-show-where-its-illegal-to-be-lgbtq-in-2023/ |access-date=2025-02-23 |website=Forbes |language=en}}</ref> * [[LGBT rights in Iran|Iran]] * [[LGBT rights in Brunei|Brunei]] * [[LGBT rights in Afghanistan|Afghanistan]] (fourth conviction)<ref name=":0">{{Cite news|url=https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report|title=Gay relationships are still criminalised in 72 countries, report finds|last=Duncan|first=Pamela|date=July 27, 2017|work=The Guardian|access-date=2019-02-02|language=en-GB|issn=0261-3077|archive-date=2019-04-29|archive-url=https://web.archive.org/web/20190429062531/https://www.theguardian.com/world/2017/jul/27/gay-relationships-still-criminalised-countries-report|url-status=live}}</ref> * [[LGBT rights in Mauritania|Mauritania]]<ref name=":0" /> * [[LGBT rights in Saudi Arabia|Saudi Arabia]] **Although the maximum punishment for homosexuality is execution, the government tends to use other punishments (fines, prison sentence, and [[Flagellation|whipping]]), unless government officials think that homosexuals have challenged state authority by engaging in [[LGBT social movements]].<ref>{{cite web|url=http://www.sodomylaws.org/world/saudi_arabia/saudinews19.htm|title=Is Beheading Really the Punishment for Homosexuality in Saudi Arabia?|url-status=dead|archive-url=https://web.archive.org/web/20030207083617/http://www.sodomylaws.org/world/saudi_arabia/saudinews19.htm|archive-date=2003-02-07}}</ref> * [[LGBT rights in Somalia|Somalia]]<ref name="ILGA article"/> * [[LGBT rights in Uganda|Uganda]] * [[LGBT rights in the United Arab Emirates|United Arab Emirates]] * [[LGBT rights in Yemen|Yemen]]<ref name=":0" /> * Parts of [[LGBT rights in Nigeria|Nigeria]] (some states in Northern area) 53 countries where homosexual acts are criminalized but not punished by death,<ref>{{Cite web |title=Criminalisation of consensual same-sex sexual acts |url=https://database.ilga.org/criminalisation-consensual-same-sex-sexual-acts |access-date= |website=The International Lesbian, Gay, Bisexual, Trans and Intersex Association}}</ref> by region, include: '''Africa''' :[[LGBT rights in Algeria|Algeria]], [[LGBT rights in Burundi|Burundi]], [[LGBT rights in Cameroon|Cameroon]], [[LGBT rights in Chad|Chad]], [[LGBT rights in Comoros|Comoros]], [[LGBT rights in Egypt|Egypt]], [[LGBT rights in Eritrea|Eritrea]], [[LGBT rights in Eswatini|Eswatini]], [[LGBT rights in Ethiopia|Ethiopia]], [[LGBT rights in Gambia|Gambia]], [[LGBT rights in Ghana|Ghana]], [[LGBT rights in Guinea|Guinea]], [[LGBT rights in Kenya|Kenya]], [[LGBT rights in Liberia|Liberia]], [[LGBT rights in Libya|Libya]], [[LGBT rights in Malawi|Malawi]], [[LGBT rights in Morocco|Morocco]], [[LGBT history in Nigeria|Nigeria]] (death penalty in some states), [[LGBT rights in Senegal|Senegal]], [[LGBT rights in Sierra Leone|Sierra Leone]], [[LGBT rights in South Sudan|South Sudan]], [[LGBT rights in Sudan|Sudan]],<ref>{{cite web |title=Sudan drops death penalty for homosexuality |url=https://76crimes.com/2020/07/15/sudan-drops-death-penalty-for-homosexuality/ |date=July 15, 2020 |website=Erasing 76 Crimes |access-date=April 5, 2021 |archive-date=July 16, 2020 |archive-url=https://web.archive.org/web/20200716145629/https://76crimes.com/2020/07/15/sudan-drops-death-penalty-for-homosexuality/ |url-status=live }}</ref> [[LGBT rights in Tanzania|Tanzania]], [[LGBT rights in Togo|Togo]], [[LGBT rights in Tunisia|Tunisia]], [[LGBT rights in Uganda|Uganda]], [[LGBT rights in Zambia|Zambia]], [[LGBT rights in Zimbabwe|Zimbabwe]] '''Asia''' :[[LGBT rights in Bangladesh|Bangladesh]], [[LGBT rights in Myanmar|Myanmar]], [[LGBT rights in Kuwait|Kuwait]], [[LGBT rights in Malaysia|Malaysia]], [[LGBT rights in Indonesia#Calls for discrimination and criminalization|Aceh]] (Indonesia), [[LGBT rights in Maldives|Maldives]], [[LGBT rights in Oman|Oman]], [[LGBT rights in Pakistan|Pakistan]], [[LGBT rights in the Philippines#Contemporary (2000s–present)|Marawi City]] (Philippines), [[LGBT rights in Sri Lanka|Sri Lanka]], [[LGBT rights in Syria|Syria]], [[LGBT rights in the United Arab Emirates|United Arab Emirates]], [[LGBT rights in the Gaza Strip|Gaza Strip]] under [[Palestinian Authority]] '''Eastern Europe''' :[[LGBT rights in Turkmenistan|Turkmenistan]], [[LGBT rights in Uzbekistan|Uzbekistan]] '''Latin America''' :[[LGBT rights in Grenada|Grenada]], [[LGBT rights in Guyana|Guyana]], [[LGBT rights in Jamaica|Jamaica]], [[Saint Lucia]], [[LGBT rights in Saint Vincent and the Grenadines|Saint Vincent and the Grenadines]] '''Pacific Islands''' :[[LGBT rights in Kiribati|Kiribati]], [[LGBT rights in Papua New Guinea|Papua New Guinea]], [[LGBT rights in Samoa|Samoa]], [[LGBT rights in Solomon Islands|Solomon Islands]], [[LGBT rights in Tonga|Tonga]], [[LGBT rights in Tuvalu|Tuvalu]] Afghanistan, where such acts remain punishable with fines and a prison sentence, dropped the death penalty after the fall of the [[Taliban]] in 2001, who had mandated it from 1996. [[LGBT rights in India|India]] criminalized homosexuality until September 6, 2018, when the [[Supreme Court of India]] declared section 377 of the [[Indian Penal Code]] invalid and arbitrary when it concerns consensual relations of consenting adults in private. [[LGBT rights in Jamaica|Jamaica]] has some of the toughest sodomy laws in the world, with homosexual activity carrying a ten-year jail sentence.<ref name="belfast">{{cite news|url=http://www.belfasttelegraph.co.uk/news/world-news/jamaica-homophobia-and-hate-crime-is-rife-14488995.html|title=Jamaica: Homophobia and hate crime is rife|newspaper=[[Belfast Telegraph]]|date=September 12, 2009|access-date=November 4, 2010|archive-date=October 16, 2012|archive-url=https://web.archive.org/web/20121016235106/http://www.belfasttelegraph.co.uk/news/world-news/jamaica-homophobia-and-hate-crime-is-rife-14488995.html|url-status=live}}</ref><ref name="freemuse">{{cite web|url=http://www.freemuse.org/sw20860.asp|title=Dancehall star signs Reggae Compassionate Act|first=Kristina|last=Funkeson|publisher=Freemuse|date=August 9, 2007|url-status=dead|archive-url=https://web.archive.org/web/20120121200344/http://www.freemuse.org/sw20860.asp|archive-date=January 21, 2012}}</ref><ref name="mosthomophobic">{{cite news|url=http://www.time.com/time/world/article/0,8599,1182991,00.html|archive-url=https://web.archive.org/web/20060619081126/http://www.time.com/time/world/article/0,8599,1182991,00.html|url-status=dead|archive-date=June 19, 2006|title=The Most Homophobic Place on Earth?|first=Tim|last=Padgett|magazine=[[Time (magazine)|Time]]|date=April 12, 2006}}</ref> International human rights organizations such as [[Human Rights Watch]] and [[Amnesty International]] condemn laws that criminalize homosexual relations between consenting adults.<ref>{{Cite web |url=https://www.amnesty.org/en/documents/document/?indexNumber=pol30%2f003%2f2008&language=en |title=Love, Hate, and the Law: Decriminalizing Homosexuality |date=July 4, 2008 |website=Amnesty International |access-date=April 5, 2021 |archive-date=November 2, 2020 |archive-url=https://web.archive.org/web/20201102030430/https://www.amnesty.org/en/documents/document/?indexNumber=pol30%2f003%2f2008&language=en |url-status=live }}</ref><ref>{{cite web|url=https://www.hrw.org/en/news/2009/04/24/burundi-repeal-law-criminalizing-homosexual-conduct|title=Burundi: Repeal Law Criminalizing Homosexual Conduct – Human Rights Watch|date=April 24, 2009|access-date=June 14, 2015|archive-date=February 15, 2015|archive-url=https://web.archive.org/web/20150215231944/http://www.hrw.org/en/news/2009/04/24/burundi-repeal-law-criminalizing-homosexual-conduct|url-status=live}}</ref> Since 1994, the United Nations [[Human Rights Committee]] has also ruled that such laws violated the right to privacy guaranteed in the [[Universal Declaration of Human Rights]] and the [[International Covenant on Civil and Political Rights]].<ref name="ai-usa">{{cite press release |title=United Nations: General assembly to address sexual orientation and gender identity – Statement affirms promise of Universal Declaration of Human Rights |publisher=[[Amnesty International]] |date=December 12, 2008 |url=https://www.hrw.org/news/2008/12/11/un-general-assembly-address-sexual-orientation-and-gender-identity |access-date=April 5, 2021 |archive-date=March 23, 2021 |archive-url=https://web.archive.org/web/20210323141835/http://www.hrw.org/news/2008/12/11/un-general-assembly-address-sexual-orientation-and-gender-identity |url-status=live }}</ref><ref name=prai>{{cite press release |title=UN: General Assembly statement affirms rights for all |publisher=[[Amnesty International]] |date=December 12, 2008 |url=https://www.amnesty.org/es/documents/ior40/024/2008/es/ |access-date=March 20, 2009 |archive-date=June 3, 2021 |archive-url=https://web.archive.org/web/20210603093111/https://www.amnesty.org/es/documents/ior40/024/2008/es/ |url-status=live }}</ref><ref>{{cite news |first=Sue |last=Pleming |date=March 18, 2009 |title=In turnaround, U.S. signs U.N. gay rights document |work=Reuters |url=https://www.reuters.com/article/domesticNews/idUSTRE52H5CK20090318 |access-date=March 20, 2009 |archive-date=March 21, 2009 |archive-url=https://web.archive.org/web/20090321070456/http://www.reuters.com/article/domesticNews/idUSTRE52H5CK20090318 |url-status=live }}</ref> {{See also|Mahmoud Asgari and Ayaz Marhoni}}
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