What was everyday life like for LGBT people in Colonial North America?

by Casiphoner

The legal victory for same-sex couples was unimaginable at the time of the writing of the Constitution when homosexuality was seen as a moral failing and same-sex relations were punishable by death in many colonies.

My Political Science Textbook

Given the above quote, I have a few questions:

  1. What was everyday life like for LGBT people in Colonial North America?
  2. Is the quote true that homosexuality was punishable by death in Colonial North America? If so, did anything change after the US gained independence?
  3. Did the founding fathers ever mention homosexuality in their writings?

This is a repost of a unanswered question I asked here

uncovered-history

​ So I would like to address the quote and your second question first, and then I will move on to your other questions. First, technically yes, homosexuality could be punishable by death in British North America prior to America's gained independence. The English Sodomy Act of 1533-34 declared the sentence of death for sodomy and bestiality and this law was essentially copied into the New England legal codes in 1648 Massachusetts. That said, records suggest that only one such execution ever took place in America during the 17th or 18th centuries, leaving such laws were largely unenforced.(1) A total of three people are known to have been executed for homosexual charges during the colonial period.(2) No laws were outright changed to protect people of the LGBT community after independence was won.

Other people who were homosexual experienced persecution in a number of ways. They could be arrested, publicly shamed (even having their offenses printed in newspapers), disowened by their family, amongst other forms of persecution. Court records are a major source for many historians since, in New England, anyone caught or believed to be guilty of homosexual behavior would be prosecuted, but this only happened about 17 or 18 times. Historian Robert Oaks said in his article, "Things Fearful to Name:' Sodomy and Buggery in Seventeenth Century New England" that "there was undoubtedly much more homosexual activity than the court records indicate." (pp 271)

Now answering your first question is much harder because while it is believed that homosexual behavior was likely practiced, the challenge is proving it. People who were apart of the LGBT community had to hide their romantic and sexual feelings from the public and their own families. Men were expected to marry a young woman by their mid twenties and young ladies were, due to coverture, were pretty much legal property. If a woman was a lesbian, and expressed this publicly, not only did she risk being arrested if she acted upon her feelings, but ultimately could face serious social shunning as a result. This isn't to say people did not act on their feelings, they likely did, however they rarely, if ever left written sources behind for historians to study. People likely lived with deep senses of dread over their homosexual feelings since in places like New England, they were referred to as "abominations" and ministers regularly preached against this in church.(3) Anthropologists have found that in cultures where there is a fear both of sexuality in general but especially female sexuality, lesbian behavior is usually found to be "organized along the dominant patterns." (4) Essentially, women who were lesbians in oppressive societies like these tended to still have same-sex experiences but were more dominant in those relationships than they were in their other lives. Essentially, both gay and lesbian folks existed in America, often acted upon their beliefs, but did so in private, fearful of facing shunning and retribution from their neighbors.

To answer your last question, yes homosexuality was discussed by the founders at different times, but rarely in the theoretical context, but rather it's usually reference as an actionable references (i.e. condemning someone for it or wanting to create laws against it). Here are two examples. The first is from orders issued from George Washington in 1778 who is talking about an offer who is about to be Court Marshaled for "sodomy". Sodomy is not the only thing being levied against this soldier, but it is obviously a punishable offense here. In a letter from John Adams to Mercy Otis Warren, 9 March 1807 Adams is condemning the actions of Napoleon and talking about retributions and vengence that God would surely inflict upon the vial French people. Sodomy is one of many "sins" that France is guilty of in Adams' eyes. Ultimately, homosexuality was something that was not only eagerly condemned, but greatly feared in British North America. While the punishment of death was rarely enforced, lebsian and gay people in British North America risked public shame and extreme harships apart from any formal punishments from the state if they were caught acting upon their feelings. The founders, like most of America, greatly condemned its open practice. As a result, being gay or lesbian during this period meant having to either live by completely supressing your most intimate desires or living in absolete fear of discovery.

Sources:

Colin L. Talley. "Gender and Male Same-Sex Erotic Behavior in British North America in the Seventeenth Century." Journal of the History of Sexuality, Vol. 6, No. 3 (Jan., 1996), pp. 385

Roger Thompson. "Attitudes towards Homosexuality in the Seventeenth-Century New England Colonies" Journal of American Studies, Vol. 23, No. 1, Sex and Gender in American Culture (Apr., 1989), pp. 28

Thompson. pp 32

Talley, pp 405