Legal History of Minorities Project 3

1. Legal History of Minorities Project 3 Group #1- Sexual Minorities Michelle Beurskens, Audrey Boin, François Borie, Vilma Casanova, Rebecca Clark

2. Objective In this presentation, we will attempt to do three things: 1. Discuss whether sexual minorities are "real minorities" 2. Observe whether sexual minorities are comparable to ethnic and religious minorities 3. Attempt to explain why different societies have treated homosexuality differently.

3. Organization Introduction- Definition of minorities according to International Law Sexual minorities as it relates to ethnic and religious minorities Historical view on homosexuality Ancient Greece and Roman Empire Middle Ages European Renaissance Islamic Civilizations East Asia Native American Pre-Colombian Americans Africa Conclusion

4. Introduction “A group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members—being nationals of the State—possess ethnic, religious or linguistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language.” Contrasting characteristics among sexual, ethnic, and religious minorities Homosexuality is universal- timeless

5. Introduction Are sexual minorities "real minorities"? Arguments in favor: Terminology: the concept of identifying heterosexuals as "straight" Assumption that everyone you see is heterosexual unless told otherwise Judith Butler (1990)- law Arguments against: Lack of territorial ambition seen in other ethnic and religious minorities Religious and ethnic minorities tend to have a low-self esteem and can even their children can point to inadequacies but homosexuals do not; despite the suicide rate.

6. The Ancient Greece and the pederasty The wrong myth of the homosexuality heaven The incitement for the pedagogical Pederasty (erastes/eromenos) The perception of the homosexuality and bisexuality

7. The Roman Empire and the virility cult The "Greek vice" Seneca "impudicita is a crime for the freeborn, a necessity in a slave, a duty for the freedman" 1st century BC: the seduction of the young boy (Nisus and Euryalus, Achilles and Patroclus) The golden age of the Empire: the spread of the homosexuality and bisexuality The Emperor Hadrien and the Antinoüs' cult The repression (Lex Scatina and Christianity)

8. Middle Ages Christianity was the only recognized religion in Europe The term 'sodomy' was used instead of 'homosexuality' Theory of natural law Canon Law Crime of sodomy was punished by death Medieval Inquisition Destroyed trial records Thomas Aquinas

9. European Renaissance The persecution of sexualminorities France Spain England and the Holy Roman Empire Italy In the Art The prevalence of sexualminorities Florence

10. Islamic Civilizations In most present Muslim countries (except Turkey) : repression of sexual minorities Why? => Influence of Islam : homosexuality would be a sin leading straight to hell, punishable by death However, 2 important examples of tolerance : Persia The Ottoman Empire

11. East Asia Confucianism & Buddhism: more open minded than most ancient religions. Buddhism- Few cases of persecution for homosexuality. Japanese Buddhists praised homosexuality as a "mysterious practice" Confucianism-focused on one's obligation to family and society. Did not specifically regard homosexuality as a sinful practice. Opposition to homosexuality in China 618AD- due to the influence of Islam and Christianity

12. Native American Terminology: "Two-spirit individual" over berdache. Use of the word "sodomite" by the Spanish Two spirit individual- the difference from sexual orientation and gender Shamanism The effect of colonization “I saw a devilish thing. I saw a man married to another man.” ~ Alvar Nunez Cabeza de Vaca "Balboa's Dogs Attacking a Group of Panamaniam Sodomites"

13. Pre-Colombian Americas Latin America is sadly known for the resonance of its “machismo” and homophobic crimes However, the presence of "sexual minorities" in Precolumbian civilizations is established : Aztecs : official repression, officious tolerance Mayans and Toltecs : full place for sexual minorities in the society => male prostitution, men sex slaves for young noblemen before their marriage, homosexual or mimicking the homosexual act rituals Severe repression by the catholic conquistadors : public executions, settlement of an "Inquisition". The violence in which Latin America was born and grown up perhaps explain the remaining resonance of machismo there Hernan Cortes (1485-1547)

14. Africa Homosexuality as an initiation ritual The Azande and the boy-wife system The Kivaï and the sodomy The Beti and the Mevungu ritual

15. Conclusion A new kind of minority : timeless, universal Sexual minorities are minorities because in most societies they are treated as minorities, especially by the law (Judith Butler) Those laws are the fruit of the public morality, very often influenced by the religious morality, often opposed to non-reproductive sex and erotism in general (Islam, Christianity, Buddhism) Separation of Church and State