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Human Rights, Sexual Orientation and Gender Identity in the Commonwealth
Human Rights, Sexual Orientation and Gender Identity in The Commonwealth Struggles for Decriminalisation and Change Edited by Corinne Lennox and Matthew Waites Human Rights, Sexual Orientation and Gender Identity in The Commonwealth: Struggles for Decriminalisation and Change Edited by Corinne Lennox and Matthew Waites © Human Rights Consortium, Institute of Commonwealth Studies, School of Advanced Study, University of London, 2013 This book is published under a Creative Commons Attribution- NonCommercial-NoDerivatives 4.0 International (CC BY-NCND 4.0) license. More information regarding CC licenses is available at https:// creativecommons.org/licenses/ Available to download free at http://www.humanities-digital-library.org ISBN 978-1-912250-13-4 (2018 PDF edition) DOI 10.14296/518.9781912250134 Institute of Commonwealth Studies School of Advanced Study University of London Senate House Malet Street London WC1E 7HU Cover image: Activists at Pride in Entebbe, Uganda, August 2012. Photo © D. David Robinson 2013. Photo originally published in The Advocate (8 August 2012) with approval of Sexual Minorities Uganda (SMUG) and Freedom and Roam Uganda (FARUG). Approval renewed here from SMUG and FARUG, and PRIDE founder Kasha Jacqueline Nabagesera. Published with direct informed consent of the main pictured activist. Contents Abbreviations vii Contributors xi 1 Human rights, sexual orientation and gender identity in the Commonwealth: from history and law to developing activism and transnational dialogues 1 Corinne Lennox and Matthew Waites 2 -
Detestable Offenses: an Examination of Sodomy Laws from Colonial America to the Nineteenth Century”
“Detestable Offenses: An Examination of Sodomy Laws from Colonial America to the Nineteenth Century” Taylor Runquist Western Illinois University 1 The act of sodomy has a long history of illegality, beginning in England during the reign of Henry VIII in 1533. The view of sodomy as a crime was brought to British America by colonists and was recorded in newspapers and law books alike. Sodomy laws would continue to adapt and change after their initial creation in the colonial era, from a common law offense to a clearly defined criminal act. Sodomy laws were not meant to persecute homosexuals specifically; they were meant to prevent the moral corruption and degradation of society. The definition of homosexuality also continued to adapt and change as the laws changed. Although sodomites had been treated differently in America and England, being a sodomite had the same social effects for the persecuted individual in both countries. The study of homosexuals throughout history is a fairly young field, but those who attempt to study this topic are often faced with the same issues. There are not many historical accounts from homosexuals themselves. This lack of sources can be attributed to their writings being censored, destroyed, or simply not withstanding the test of time. Another problem faced by historians of homosexuality is that a clear identity for homosexuals did not exist until the early 1900s. There are two approaches to trying to handle this lack of identity: the first is to only treat sodomy as an act and not an identity and the other is to attempt to create a homosexual identity for those convicted of sodomy. -
This Alien Legacy RIGHTS the Origins of “Sodomy” Laws in British Colonialism WATCH
HUMAN This Alien Legacy RIGHTS The Origins of “Sodomy” Laws in British Colonialism WATCH This Alien Legacy The Origins of “Sodomy” Laws in British Colonialism Copyright © 2008 Human Rights Watch All rights reserved. Printed in the United States of America ISBN: 1-56432-419-2 Cover design by Rafael Jimenez Human Rights Watch 350 Fifth Avenue, 34th floor New York, NY 10118-3299 USA Tel: +1 212 290 4700, Fax: +1 212 736 1300 [email protected] Poststraße 4-5 10178 Berlin, Germany Tel: +49 30 2593 06-10, Fax: +49 30 2593 0629 [email protected] Avenue des Gaulois, 7 1040 Brussels, Belgium Tel: + 32 (2) 732 2009, Fax: + 32 (2) 732 0471 [email protected] 64-66 Rue de Lausanne 1202 Geneva, Switzerland Tel: +41 22 738 0481, Fax: +41 22 738 1791 [email protected] 2-12 Pentonville Road, 2nd Floor London N1 9HF, UK Tel: +44 20 7713 1995, Fax: +44 20 7713 1800 [email protected] 27 Rue de Lisbonne 75008 Paris, France Tel: +33 (1)43 59 55 35, Fax: +33 (1) 43 59 55 22 [email protected] 1630 Connecticut Avenue, N.W., Suite 500 Washington, DC 20009 USA Tel: +1 202 612 4321, Fax: +1 202 612 4333 [email protected] Web Site Address: http://www.hrw.org December 2008 1-56432-419-2 This Alien Legacy The Origins of “Sodomy” Laws in British Colonialism I. Introduction ......................................................................................................... 1 Three Trials ......................................................................................................... 1 Colonial Laws and Contemporary Defenders ........................................................ 4 II. “Sodomy,” Colonialism, and Codification ........................................................... 13 III. Colonial Power on the Street and over the Body .............................................. -
Sexual (Im)Morality in Early Christianity
DAVID LAIRD Berea, Kentucky, where he graduated DUNGAN from high school in 1953. He earned (1936– a Bachelor of Arts degree from The 2008) was College of Wooster in 1957, a Bachelor Distinguished of Divinity degree from McCormick Professor of Seminary in Chicago in 1963, and the Humanities a Doctor of Theology degree from and emeritus Harvard Divinity School in 1968. A professor prolific scholar, Professor Dungan of religious was perhaps best known for two studies at the publications: A History of the Synoptic University Problem: The Canon, the Text, the of Tennessee. During his tenure at UT Composition, and the Interpretation of from 1967 through 2002, Dungan was a the Gospels (Doubleday 1999) and his Distinguished Lindsay Young Professor, co-edited work, The International Bible a founding member of the Institute for Commentary (Liturgical Press 1998). the Renewal of Gospel Studies, and His most recent book was Constantine’s winner of the Thomas Jefferson Faculty Bible: Politics and the Making of the Prize at UT in 2000. He passed away New Testament (Augsburg Fortress suddenly on November 30, 2008. Publishers 2006). He specialized in the study of the A full list of his publications can be New Testament and Early Christianity found at en.wikipedia.org/wiki/David_ THE DEPARTMENT OF RELIGIOUS STUDIES PRESENTS and was a leading scholar of the Laird_Dungan. THE DAVID L. DUNGAN MEMORIAL LECTURE SERIES Synoptic Problem. In the classroom, he established a reputation as an The David L. Dungan Memorial Lecture inspirational and provocative teacher Fund was established in 2010 to honor of courses in biblical literature, church Professor Dungan’s achievements, history, images of Jesus, environmental diverse interests, and positive impact Sexual (Im)morality studies, and the legacy of the Vietnam on students’ lives. -
Penumbras, Privacy, and the Death of Morals-Based Legislation: Comparing U.S
Fordham International Law Journal Volume 27, Issue 1 2003 Article 12 Penumbras, Privacy, and the Death of Morals-Based Legislation: Comparing U.S. Constitutional Law with the Inherent Right of Privacy in Islamic Jurisprudence Seema Saifee∗ ∗ Copyright c 2003 by the authors. Fordham International Law Journal is produced by The Berke- ley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Penumbras, Privacy, and the Death of Morals-Based Legislation: Comparing U.S. Constitutional Law with the Inherent Right of Privacy in Islamic Jurisprudence Seema Saifee Abstract In an effort to separate the Islamic regulatory scheme with respect to the criminalization of consensual sexual conduct from the caricature espoused by many Western thinkers, this Note pro- vides a comparative analysis of the criminalization of private consensual sexual conduct in Islamic law and U.S. constitutional jurisprudence on the right of privacy. Part I provides a brief background of Islamic and U.S. criminal regulations on consensual sex and outlines the evolution of consti- tutional privacy jurisprudence in the U.S. Supreme Court. Part II first examines the evidentiary and procedural requirements pertaining to the criminalization of consensual sexual intercourse in Islamic law, explores the consequences of transgressing these evidentiary requirements, and ana- lyzes the theological and privacy-related constraints on initiating suits for engaging in such private conduct. Part II then applies these regulations to the recent case of Amina Lawal in northern Nigeria, and analyzes Islamic regulations governing sexual activity not amounting to intercourse. Finally, Part II examines an alternative reading of the U.S. Supreme Court’s current analysis of privacy as articulated in Lawrence v. -
LGBT History
LGBT History Just like any other marginalized group that has had to fight for acceptance and equal rights, the LGBT community has a history of events that have impacted the community. This is a collection of some of the major happenings in the LGBT community during the 20th century through today. It is broken up into three sections: Pre-Stonewall, Stonewall, and Post-Stonewall. This is because the move toward equality shifted dramatically after the Stonewall Riots. Please note this is not a comprehensive list. Pre-Stonewall 1913 Alfred Redl, head of Austrian Intelligence, committed suicide after being identified as a Russian double agent and a homosexual. His widely-published arrest gave birth to the notion that homosexuals are security risks. 1919 Magnus Hirschfeld founded the Institute for Sexology in Berlin. One of the primary focuses of this institute was civil rights for women and gay people. 1933 On January 30, Adolf Hitler banned the gay press in Germany. In that same year, Magnus Herschfeld’s Institute for Sexology was raided and over 12,000 books, periodicals, works of art and other materials were burned. Many of these items were completely irreplaceable. 1934 Gay people were beginning to be rounded up from German-occupied countries and sent to concentration camps. Just as Jews were made to wear the Star of David on the prison uniforms, gay people were required to wear a pink triangle. WWII Becomes a time of “great awakening” for queer people in the United States. The homosocial environments created by the military and number of women working outside the home provide greater opportunity for people to explore their sexuality. -
Incest Statutes
Statutory Compilation Regarding Incest Statutes March 2013 Scope This document is a comprehensive compilation of incest statutes from U.S. state, territorial, and the federal jurisdictions. It is up-to-date as of March 2013. For further assistance, consult the National District Attorneys Association’s National Center for Prosecution of Child Abuse at 703.549.9222, or via the free online prosecution assistance service http://www.ndaa.org/ta_form.php. *The statutes in this compilation are current as of March 2013. Please be advised that these statutes are subject to change in forthcoming legislation and Shepardizing is recommended. 1 National Center for Prosecution of Child Abuse National District Attorneys Association Table of Contents ALABAMA .................................................................................................................................................................. 8 ALA. CODE § 13A-13-3 (2013). INCEST .................................................................................................................... 8 ALA. CODE § 30-1-3 (2013). LEGITIMACY OF ISSUE OF INCESTUOUS MARRIAGES ...................................................... 8 ALASKA ...................................................................................................................................................................... 8 ALASKA STAT. § 11.41.450 (2013). INCEST .............................................................................................................. 8 ALASKA R. EVID. RULE 505 (2013) -
Nigeria: Penalty Under Sharia Law for a Man Who Has Premarital Sex Research Directorate, Immigration and Refugee Board, Ottawa
Response to Information Request NGA43283.E Page 1 of 3 Home > Research > Responses to Information Requests RESPONSES TO INFORMATION REQUESTS (RIRs) New Search | About RIRs | Help 17 January 2005 NGA43283.E Nigeria: Penalty under Sharia law for a man who has premarital sex Research Directorate, Immigration and Refugee Board, Ottawa Under Sharia law in Nigeria, the penalty for a man who has extra- marital sex depends on whether the man is or has been married (HRW Sept. 2004, 22; EC Sept. 2001, 8). The offence of adultery applies to a married or divorced man and is punishable by death (HRW Sept. 2004, 22; AI 10 Feb. 2004, Sec. 1.1; EC Sept. 2001, 8). The offence of fornication applies to a man who has never been married and is punishable by 100 lashes and imprisonment for one year (AI 10 Feb. 2004, Sec. 1.1; ibid. Nov. 2003; EC Sept. 2001, 8, 19). According to a report prepared by Doctor Ruud Peters for the European Commission (EC), "unlawful sexual intercourse (i.e. between persons who are not married)" is called zinâ (ibid., 8), which includes rape (ibid., 19). According to the Sharia penal codes in force in 12 northern states, the definition of someone who has committed zinâ is "whoever, being a man or a woman fully responsible, has sexual intercourse through the genital [sic] of a person over whom he has no sexual rights and in circumstances in which no doubt exists as to the illegality of the act" (AI 10 Feb. 2004, Sec. 1.1). According to Human Rights Monitor, as quoted in the Report From a Fact-Finding Trip to Nigeria (Abuja, Kaduna and Lagos) 23-28 February 2004 by the Norwegian Directorate of Immigration and Immigration Appeals Board, "the implementation of [S]hari'a in Northern Nigeria has not meant a change in what acts are defined as criminal offences - the 1959 Penal Code Law for the Northern Region was based on [S]hari'a and is still valid" (Norway Oct. -
The Punishment of Islamic Sex Crimes in a Modern Legal System the Islamic Qanun of Aceh, Indonesia
CAMMACK.FINAL3 (DO NOT DELETE) 6/1/2016 5:02 PM THE PUNISHMENT OF ISLAMIC SEX CRIMES IN A MODERN LEGAL SYSTEM THE ISLAMIC QANUN OF ACEH, INDONESIA Mark Cammack The role of Islamic law as state law was significantly reduced over the course of the nineteenth and twentieth centuries. This decline in the importance of Islamic doctrine has been attributed primarily to the spread of European colonialism. The western powers that ruled Muslim lands replaced much of the existing law in colonized territories with laws modeled after those applied in the home country. The trend toward a narrower role for Islamic law reversed itself in the latter part of the twentieth century. Since the 1970s, a number of majority Muslim states have passed laws prescribing the application of a form of Islamic law on matters that had long been governed exclusively by laws derived from the western legal tradition. A central objective of many of these Islamization programs has been to implement Islamic criminal law, and a large share of the new Islamic crimes that have been passed relate to sex offenses. This paper looks at the enactment and enforcement of recent criminal legislation involving sexual morality in the Indonesian province of Aceh. In the early 2000s, the provincial legislature for Aceh passed a series of laws prescribing punishments for Islamic crimes, the first such legislation in the country’s history. The first piece of legislation, enacted in 2002, authorizes punishment in the form of imprisonment, fine, or caning for acts defined as violating Islamic orthodoxy or religious practice.1 The 2002 statute also established an Islamic police force called the Wilayatul Hisbah charged 1. -
Pornography Policy.Pdf
Ethical Investment Advisory Group Church of England Ethical Investment Advisory Group Pornography ethical investment policy November 2011 The EIAG recommends that the National Investing Bodies should exclude from their investments any company that derives material revenue from the production or distribution of pornography, the staging of live sex shows or the ownership of sex shops. ‘Pornography’ should be understood as ‘the sexually explicit depiction of persons, in words or images, created with the primary, proximate aim, and reasonable hope, of eliciting significant sexual arousal on the part of the consumer of such’1. Business activities captured under this policy should include: • Publishing or wholesaling of pornographic newspapers and magazines • The production of pornographic videos, films and/or software • The operation of pornographic internet portals or websites • The offer of pornography on cable, digital and satellite television • The provision of pornography through telecommunication networks providers with ‘walled garden’ facilities • The ownership or management of sex shops and lap dancing clubs ‘Material revenue’ should be understood as Group revenue exceeding both £1m and 3% of Group turnover, derived either directly or through owned-subsidiaries. The EIAG will be advised by its ethical screening service provider on companies for exclusion from investment under this policy but will make bespoke recommendations to the national investing bodies where appropriate. 1 The definition in The Encyclopedia of Ethics, ‘Pornography’, by Donald VanDeVeer, New York: Garland, 1992 Church House, Great Smith Street, London SW1P 3AZ Chairman: James Featherby. Secretary: Edward Mason Email: [email protected] Website: http://www.churchofengland.org/about-us/structure/eiag POLICY THEOLOGY, ETHICS AND REASONING 1. -
Marriage and Human Sexuality
COLE COMMUNITY CHURCH POSITION PAPER ON MARRIAGE AND HUMAN SEXUALITY Introduction Based on our understanding of Scripture, Cole Community Church affirms that marriage is intended to be a lifetime union of one man and one woman, and that sex is reserved for marriage. This paper provides a brief overview of what God has revealed to us in Scripture about marriage and the practices that harm it, followed by a summary of how this understanding impacts the church’s policies. Note: at no time should this paper’s focus on marriage be construed as belittling or condemning those who live a life of chaste singleness, for that is also a lifestyle held in honor by the Scriptures. Modern Western culture, the entertainment industry, the news media, government officials, and activists constantly bombard us with their vision of what is fair and right in regard to marriage and human sexuality. Their arguments may sometimes seem convincing. However, biology, scientific studies and Scripture point to the truth that faithful monogamous lifetime marriage of one man and one woman is the best of the lifestyle alternatives for the welfare of children and for society in general. While arguments from biology and scientific studies are helpful when talking to culture at large, as Christians our primary guide when formulating a stance on a cultural issue is Scripture. The Cole Community Church doctrinal position statement asserts, “The Old and New Testaments, inerrant as originally given … constitute the divine and only rule of Christian faith and practice.” 1 Marriage and Human Sexuality The Bible has much to say about marriage and human sexuality. -
Examining the State Interest in Confiscating Condoms from Suspected Sex Workers
Fordham Law Review Volume 82 Issue 2 Article 21 2013 Can Condoms Be Compelling? Examining the State Interest in Confiscating Condoms from Suspected Sex Workers Meghan Newcomer Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Meghan Newcomer, Can Condoms Be Compelling? Examining the State Interest in Confiscating Condoms from Suspected Sex Workers, 82 Fordham L. Rev. 1053 (2013). Available at: https://ir.lawnet.fordham.edu/flr/vol82/iss2/21 This Note is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. CAN CONDOMS BE COMPELLING? EXAMINING THE STATE INTEREST IN CONFISCATING CONDOMS FROM SUSPECTED SEX WORKERS Meghan Newcomer* Confiscating condoms from suspected sex workers leaves them at risk for HIV/AIDS, other sexually transmitted diseases, and unwanted pregnancy. Yet, police officers in New York, Washington, D.C., and Los Angeles collect condoms from sex workers to use against them as evidence of prostitution. Sometimes, the condoms are taken solely for the purpose of harassment. These actions put sex workers at risk of contracting sexually transmitted diseases because they may continue to engage in sex work without using protection. In the landmark case of Griswold v. Connecticut, the U.S. Supreme Court established a fundamental privacy right in the use and access of contraceptive devices.