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·最暴虐无道的政府!/南郭
·郭国汀:歌功颂德或批评批判?
·判断一个政权合法性的公认标准
·判断政府合法性的普世公认标准 郭国汀
·中国律师理所应当关心政治 郭国汀
·政治体制的根本问题
·中国的前途在于专制改良还是政治民主革命?
·西方现代政治民主的基本要件
·郭国汀: 政府无权杀人!
·政府绝对无权武力镇压(屠杀)和平集会示威游行或罢工的公民
·国民有权推翻暴力镇压(屠杀)和平抗议民众的任何政府
·中国历史上不存在极权
·民主政治的终极目标是自由——答尼采黄昏君的质疑/南郭
·极权专制独裁者与知识分子
·与网友谈论民主政治与政权合法性
·政府不得滥杀和平请愿公民的最新国际公约
·中共极权专制暴政祸国殃民绝对乏善可陈
·郭律师评价中国律师诉讼及司法体制现状
***(40)宪政研究
·什么是宪政?
·什么是共和?
·宪政的实质
·分權制衡理論的历史淵源
·中国自由文化运动与宪政研究
·The Arguments For and Against the Notwithstanding Clause
·Freedom is not free but it is costly
·宪法改革的设想 南郭提要
·联邦共和民主宪政体制是美国经久强盛不衰的原因
·党化党控教育是中共祸国殃民的一大罪恶
·立宪时代的法政哲学思考提要
·有限政府与法治宪政
·联邦主义要旨
·It’s Not Patriotic to Violate the Constitution
·An Imperial Presidency Based on Constitutional Quicksand
·US Constitution revolution for real democracy
·One of the major writer whose legal thought Influence the Americas Founding Fathers
·Beyond the Constitution
·Philosophy Constitutionalism
·USA Constitution is in grave danger
·Constitutional Interpretation
·The Bill of Rights
***(41)民主研究
·美国宪政民主的基本要素
· 政治民主机制的最新发展--监督民主
· 序《民主导论》
·民主的真实含义
·自由宪政民主政治的七项实质要件
·民主的实质
·谁是真正的人类政治民主之父?
·民主就是[山头林立]?!
·共和比民主更为根本
·共和民主宪政要旨
·什么是联邦主义民主宪政?
·我的民主朝圣之旅
·民主的灯塔永放光茫
·古希腊雅典民主政体
·伯拉图亚里士多德论古希腊民主体制
·伯拉图论共产主义
***(39)法治研究
·法治论/郭国汀
·自然法原理
·法律的定义
·法律的本质与精神
·什么是法治?
·法治的基本原则
·法治的目的
·法治与民主的前提与条件
·法治的起源与历史
·开明专制与法治--极权流氓暴政下决无法治生存的余地
·法治的基石和实质
·法治的精神
·法治余论
·一篇值得推介的法治论文杰作/郭国汀
·Judicial Independence and Canadian Judges
***(37)自由研究
***表达自由新闻与出版自由
·当代自由主义的基本特征
·只有新闻自由能治官员腐败之顽症
·郭国汀 唯有思想言论舆论新闻出版结社教育讲学演讲的真正自由才能救中国!
·中国争人权、言论表达自由权的先驱者与英雄名录
·中国政治言论自由的真实现状-我的亲身经历(英文)
·郭国汀论政治言论自由:限制与煽动罪(英文)
·郭国汀论出版自由——声援支持《民间》及主编翟明磊
·郭国汀 美國言論自由发展簡史 [1]
·美国的学述自由:Academic Freedom in the USA
·祝愿祖国早日实现真正的自由!新年祝福
·向中国良知记者致敬!
·丹麥主流社會召開中國言論自由研討會
·中共倒行逆施,严控国际媒体报导中国新闻
·关于思想自由与中律网友的对话 /南郭
·性、言论自由、自由战士
·性、言论自由,自由战士与中律网友们的讨论/南郭
·自由之我见
·不自由勿宁死!
·自由万岁!----我为“新青年学会四君子”及“不锈钢老鼠”辩护
·真正的民主自由政体是中国唯一的选择
·自由万岁!新年好!
·三论思想自由
·为自由而战,为正义事业献身,死得其所无尚光荣
·言论自由受到了严重威胁
·思想自由的哲学基础/郭国汀
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Homosexuality: a legal or moral problem?

Homosexuality: a legal or moral problem?

   Guoting Guo

   

   I Introduction

   Homosexuality is sexual orientation that depicts sexual desire or behavior with same sex, which cannot engage in penile-vaginal intercourse. It has many names as: sodomites, buggers, vile creatures, anti-physicals, pederasts, uranians, inverts, homosexuals and gay. Public usually consider these men to be “sinful, depraved, degenerate, sick or insane” (Reinisch 1990: 138; Higgs 1999:11). Homosexuality blossomed in cities from antiquity to the present. It said that many famous people were homosexuals, including Socrates, Plato, Leonardo, Michelangelo, Shakespeare, Goethe, Wordsworth, Shelley, and Keats .Sodomy also was reported of the emperors Tiberius, Nero, Galba, Otho, Commodus, Trajan, and Elagabalus. Royal households were often to be hot houses of homosexual behaviors. In British, Eton and Harrow, in the 1970s revealed a strong homosexual undercurrent there has been in upper class education for a century. However, Aristotle believed pederasty to be depraved (Tannahill 1980; Paglia 1990;Higgs 1999).

   The Bible in Genesis 19: 12-13 told the story of Sodom that the God hate homosexual and order to eliminate whole city. Traditional view treats sodomites as abnormal, immoral, and evil crime according to the God's word. Homosexuality was largely considered taboo by the generally public, “popular feeling against it is very strong…on the whole people regard homosexuality as a revolting or incomprehensible form of behaviour”. In many countries homosexuality is still the subject of fierce and controversial societal debate (Jäckle & Wenzelburger 2014:24).

   Public opinion was overwhelmingly negative in the 1940s and 1950s but started to liberalize following the decriminalization of homosexuality in 1967.Attitudes suffered a temporary setback with the advent of AIDS in the mid-1980s, but the thaw resumed from the early 1990s and accelerated. This trend toward liberalization has direct parallels in growing public support for several other facets of equality, notably gender, race, and religion. It also coincides with a significant decline in religious allegiance, Secularization has thus eased the pathways for more liberal views of homosexuals (Clement & Field 2014:523). In recent years, many political leaders have voiced support for letting gays and lesbians marry legally. In May 2012, President Obama declared that he supports same-sex marriage. Former President Clinton recently wrote an op-ed in The Washington Post urging the Supreme Court to overturn defense family law. And in a video released on March 18, 2013 former Secretary of State Hillary Clinton announced she supports same-sex marriage, both “personally and as a matter of policy and law” (Masci 2013).

   Many scholars, politicians, religious leaders claim homosexuals has nothing wrong, because they were innate and not changeable. My argument is that homosexuals are abnormal and immoral either in history or in reality, and I will from perspective of history, law and pathology three spheres to support my thesis.

   II Brief history of homosexuals

   Adolescent homosexuality is a common phenomenon, and Homosexuals existed in all civilization, from ancient time to current. In Ancient Greek pederasty are pure in theory but a good deal less so in practice. In 6 century BC, Solon had imposed the death penalty for any adult male found without authorization on the premises of a school. Any man who incited a free boy to offer his charms professionally was liable to be deprived of his civic rights for life, which proved that even in Greek sodomy was crime and immoral. In 15 century, Maya recognized adolescent homosexuality, until a boy was old enough to marry, usually is his parents to provide him with a male slave boy, to meet his needs (Tannahill1980: 100). In Ecuador, “despite the fact that there were many beautiful woman, they practiced the unspeakable sin of sodomy, committing it openly and publicly without fear of God or personal shame”(Tannahill 295). Homosexuality between consenting adults was sometimes fashionable in the Han and Song Dynasty in China. Renaissance originated in Florence, descend through Byzantine style from the Greek legacy, was initially a homosexual idea. The homosexual is still widely prescribed in New Guinea, where young men are expected to perform fellatio with other young men. One study of modern tribes made in 1952 showed that 2/3 of them considered adolescent homosexuality as normal and acceptable and other researchers have found it institutionalized among the Cubeo on the Amazon, and the Mohaves and Zuni, in North America (Tannahill1980; Paglia 1990; Stanway 354).

   In Western culture, homosexuality was out law from the middle Ages until 1960s. In 529 Justinian’s laws made male homosexual relations illegal for the first time in Roman history. Homosexual were prohibited in 342 after Christinaity became the emperors’ religion. All the previous emperors had simply taxed male prostitutes. Religious prohibition turned homosexuality into sin, sickness, and crime. Many society treated homosexuality as evil crime and punish them with death by burn buggers publicly. In 1513 the chiefs at Quarequa in Panama threw forty of homosexuals offenders to his dogs, because they are “the most abdominal and unnatural lechery”; while Aztec law included the death penalty for homosexuals. In Peru, anyone who committed sodomy was condemned to be “dragged and hanged, then burned with all his clothes”. Same penalty was applied to zoophiliacs. In Inca “ the sodomites 、、. be burned alive in the public square”. Cieza de Leon, a 16 century writers on the Incas, estimated that in the Chimu area 15 women were left to every one man after the Incas had exterminated all the sodomites there (Tannahill 1980). French has gone on burning homosexuals long after they had given up burning witches until 1725. Sodomy was a serious crime at the time and formal legal penalties was death by fire until 1791. In 18 century, 7 Parisian sodomites were burned at the stake (Higgs 1999:13). Recorded history of Paris homosexuality begins in the middle Ages. A clergyman lamented in the early 13 century that “ shameful and abominable vice” was rampant in the city. In the 1680s many of the highest nobles in the land allegedly belonged to a secret 'Italian brotherhood' of sodomites. By the 18 century, there is substantial evidence of a more widespread and more socially diverse “sodomitical subculture” in Paris among men whose sexual desires defined a collective identity and some historians would claim a distinct lifestyle (Higgs 1999:12). During 18 century the Dutch including Amsterdam was the largest persecutions of sodomy of the age with at least 800 men persecuted and 200 capital punishments. The first recorded burnings of sodomites in Netherlands took place at the end of the 13 century. The first recorded execution by fire for sodomy in Holland was in 1321( Higgs 1999:61).

    In British, 1828 a new Act which restated the principle that “every person convicted of the abominable Crime of Buggery committed either with Mankind or with any animal, shall suffer death as a Felon”.In 1850 had criminalized male homosexual practices in public and in private. In 1885 the Criminal Law Amendment Act provide “any male person who in public or private commits … by any male person of any act of gross indecency with another male person", was liable to up to two years imprisonment with hard labor(Clement & Field 2014: 524 ). Until the Sexual Offences Act of1967 decriminalized homosexual activities in private between consenting men over 21 years of age, did not create “the recognised status of homosexuality”. The Marriage (Same Sex Couples) Act 2013 marks the culmination of a series of legal changes that have progressively removed inequalities for gay people in British.

   In the USA, the Supreme Court in 1996 struck down Colorado law prohibiting any kind of protected status based on sexual orientation. The most significant same-sex marriage ruling occurred in 2003, when the Massachusetts Supreme Court held that the state’s constitution granted gays and lesbians the right to marry. Massachusetts became the first state in the USA to legalize same-sex marriage. In 2003,the USA Supreme Court held that states may not criminalize sexual conduct between consenting adults of the same sex in private, so long as no money changes hands. In 2010, Congress repealed the “Don’t Ask, Don’t Tell” policy that excluded openly gay men and lesbians from military service. In 2013, the Supreme Court struck down key elements of the Defense of Marriage Act that prohibited any federal recognition of same-sex marriage(Murphy2014: 6).

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