Wikipedia claims that the former Kingdom of Two Sicilies was excluded from laws which criminalised gay sex on Italian unification due to their "particular characteristics". Is this true and what characteristics are being referred to?

by tombomp
AlviseFalier

If you follow the footnote linked to the analogous claim in the Italian version of the page, it takes you to an archived version of a page on GLBTQ.com. Unfortunately, only the first page is linked and there is no mention of the Piedmontese anti-pederasty laws in question (or their applicability in the former Kingdom of Two Sicilies). And although it seems like the topic is about to be breached in the second page, it does not appear to be accessible (trying to move to page 2 brings you to this message: GLBTQ.com, which housed the world's largest encyclopedia of gay, lesbian, bisexual, transgender, and queer culture, closed on August 1, 2015. Most of the encyclopedia's entries, essays, and interviews have been archived online"). I’m going to try to tackle the question from a pure analysis of the legislative debate of the time, and not from a broader social history examining any activist work done by LGBT leaders and activists on which I am unprepared to answer (the two things might intersect, but I just don’t know enough to point out when they do).

What the page might be referring to is a decision made in the period of Lieutenant-Governorship (“Governo Lungotenenziale”) in the Kingdom of the Two Sicilies. This temporary government was tasked with, among other things, setting up a sequence of commissions unifying the laws of the Kingdom of Two Sicilies with those of the Kingdom of Piedmont-Sardinia (this is in the period immediately following Garibaldi’s “Expedition of the Thousand,” which was a semi-sanctioned paramilitary expedition that caught the Piedmontese government largely unprepared). Or rather, it might be more correct to say the commission was tasked with unifying the application of laws: the police and juridical apparatus of the Kingdom of the Two Sicilies was smaller than its Piedmontese counterpart, was demonstrably less effective, and had been rapidly decaying by the time Garibaldi arrived. The commission’s task was therefore to determine which parts of the Piedmontese legal code could come into effect, when they could come into effect, and how they were to come into effect (however, as we shall see below, the commissioners also interpreted their role as communicating back to Turin what laws ought to not be applied when extending the legal code to all of Italy - an interpretation that immediately became controversial). The commission did exhibit a lot of foot-dragging with regards to applying the Piedmontese system, perhaps in part due to affinity for the preexisting southern laws (members of the commission were almost all Neapolitan luminaries and jurists) but also due to the practical limitations of the southern judicial apparatus, so it took little over five years for the legal and administrative system in the South to be deemed workably aligned with that of Piedmont (and even here, complaints would persist that the process had been too slow and incomplete). There is also something to be said of the lawlessness of the Southern interior, and an understanding that some degree of leniency (at least in this early period) was probably the easiest course of action. It is difficult to ascertain how much of this lawlessness preexisted unification (again, the military and police apparatus of the Kingdom of the Two Sicilies had been falling apart for some time before Garibaldi’s expedition) but the fact that it existed definitely gave both Southern and Northern legislators pause.

So back to your question: the Kingdom of Sardinia did have fairly potent anti-pederasty laws (I’m using the a translation of the most common euphemism used at the time, but the actual turn of phrase used by Piedmontese legislators was “Acts of libido against nature,” which I find to be uncomfortable) while the Kingdom of two Sicilies instead had laws which were rather vague in this regard (only mentioning, “Crimes against family,” with “family” referring to institution of cisgender marriage). What the line in Wikipedia might be referring to is a decision taken in February 1861 by the aforementioned commission in its sessions presided over by Lieutenant-Governor Massimo Cordero di Montezemolo, where it decreed “More opportune” to retain applicability (for the time being) of several existing laws on the books, among these was the strongly-worded Piedmontese laws against pederasty.

In order to cut up my answer and satisfy the word count limiter, I'm going to proceed with more details in a second part below.