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Your account. He had a famous young lover, Antinous , whom he deified and in whose honour he built the city of Antinoöpolis in Egypt after his death in the Nile. The first law against same-sex marriage was promulgated by the Christian emperors Constantius II and Constans. In the year , Christian emperors Valentinian II , Theodosius I and Arcadius declared homosexual sex to be illegal and those who were guilty of it were condemned to be burned alive in front of the public. For example, Ammianus Marcellinus harshly condemned the sexual behaviour of the Taifali , a tribe located between the Carpathian Mountains and the Black Sea which practiced the Greek-style pederasty.
In , this law was expanded to include all passive homosexuals, in Justinian punished any homosexual act with castration and death by fire, and in this law became even more strict.
Three reasons have been given for this change of attitude. Procopius , historian at Justinian's court, considered that behind the laws were political motivations, as they allowed Justinian to destroy his enemies and confiscate their properties, and were hardly efficient stopping homosexuality between ordinary citizens.
This phenomenon would be combined with the rising influence of Stoicism in the Empire. Until the year , there was no common doctrine about homosexuality in Christianity, [17] but it is the mistaken belief that Paul had already condemned it as contra natura , though he had no exegetical reason for doing so:. And likewise also the men, leaving the natural use of the woman, burned in their lust one toward another; men with men working that which is unseemly, and receiving in themselves that recompence of their error which was meet.
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Bible King James. Romans Eventually, the Church Fathers created a literary corpus in which homosexuality and sex were condemned most energetically, fighting against a common practice in that epoch's society. The Germanic peoples had little tolerance for both passive homosexuality and women, whom they considered on the same level as "imbeciles" and slaves, and glorified the warrior camaraderie between men. In the Early Middle Ages , attitudes toward homosexuality remained constant.
There are known cases of homosexual behaviour which did not receive punishment, even if they were not accepted. For example, King Clovis I on his baptism day confessed to having relationships with other men; or Alcuin , an Anglo-Saxon poet whose verses and letters contain homoerotism. One of the first legal corpus that considered male homosexuality a crime in Europe was the Liber Iudiciorum or Lex Visigothorum.
Within the term "castration" were included all sexual crimes considered unnatural , such as male homosexuality, anal sex heterosexual and homosexual and zoophilia. Lesbianism was considered sodomy only if it included phallic aids. It was King Chindasuinth — who dictated that the punishment for homosexuality should be castration. Such a harsh measure was unheard of in Visigoth laws, except for the cases of Jews practising circumcision.
After being castrated, the culprit was given to the care of the local bishop, who would then banish him. If he was married, the marriage was declared void , the dowry was returned to the woman and any possessions distributed among his heirs. The Muslims who invaded and successfully conquered the peninsula in the early 8th century had a noticeably more open attitude to homosexuality than their Visigothic predecessors. In the book Medieval Iberia: An Encyclopedia , Daniel Eisenberg describes homosexuality as "a key symbolic issue throughout the Middle Ages in Iberia", stating that in al-Andalus, homosexual pleasures were indulged in by the intellectual and political elite.
There is significant evidence for this. Evidence can also be found in the repeated criticisms of Christians and especially the abundant poetry of homosexual nature. References to both pederasty and love between adult males have been found. Although homosexual practices were never officially condoned, prohibitions against them were rarely enforced, and usually there was not even a pretense of doing so. Sexual activity between men was not seen as a form of identity.
Very little is known about lesbian sexual activity during this period. This marked the Christian unification of the Iberian peninsula and the return of repressive Catholic morality. By the early sixteenth century, royal codes decreed death by burning for sodomy and was punished by civil authorities. It fell under the jurisdiction of the Inquisition only in the territories of Aragon , when, in , Clement VII , in a papal brief, granted jurisdiction over sodomy to the Inquisition of Aragon, whether or not it was related to heresy. In Castile, cases of sodomy were not adjudicated, unless related to heresy.
The tribunal of Zaragoza distinguished itself for its severity in judging these offences: between and more than men accused of sodomy were prosecuted and at least 36 were executed; in total, between and there were trials and executions. In , Barcelona was annexed into the First French Empire and incorporated into the First French Empire as part of the department Montserrat later Bouches-de-l'Èbre—Montserrat , where it remained until it was returned to Spain in During that time same-sex sexual intercourse was legal in Barcelona. In , the Kingdom of Spain's first penal code was adopted and same-sex sexual intercourse was legalised.
In , under the dictatorship of Miguel Primo de Rivera , the offense of "habitual homosexual acts" was recriminalised in Spain. In , same-sex sexual intercourse was again legalised in Spain. Legal reforms in and punished same-sex sexual intercourse as "scandalous public behavior. The text of the law declared that the measures "are not proper punishments, but mere security measures, set with a doubly preventive end, with the purpose of collective guarantee and the aspiration of correcting those subjects fallen to the lowest levels of morality.
This law is not intended to punish, but to correct and reform". However, the way the law was applied was clearly punitive and arbitrary: police would often use the vagrancy laws against suspected political dissenters, using homosexuality actual or perceived as a way to go around the judicial guarantees. However, in other cases, the harassment of gay, bisexual and transgender people was clearly directed at their sexual mores, and homosexuals mostly men were sent to special prisons called galerías de invertidos "galleries of inverts". Thousands of homosexual men and women were jailed, put in camps, or locked up in mental institutions under Franco's dictatorship , which lasted for 36 years until his death in Some gay activists deplored the fact that reparations were not made until However, in the s, a clandestine gay scene began to emerge in Barcelona , and in the countercultural centers of Ibiza and Sitges a town in the province of Barcelona, Catalonia , that remains a highly popular gay tourist destination.
In the late s and the s, a body of gay literature emerged in Catalan. This movement, along with growth of the gay rights movement in the rest of Europe and the Western world, was a large factor in making Spain today one of Europe's most socially tolerant places. In , Spanish law provided for a three-year prison sentence for those accused of same-sex sexual intercourse.
Same-sex sexual intercourse was again legalised in Spain in , and is its status today. In December , the Spanish Parliament pledged to wipe clean the criminal records of thousands of gay and bisexual men and women who were jailed during Franco's regime. The decision meant that sentences for homosexuality and bisexuality were taken off police files. Same-sex sexual acts were lawful in Spain from to , with the exception of the offence of "unusual or outrageous indecent acts with same-sex persons" between the years and Homosexual acts were made unlawful during Francisco Franco 's time in power, first by an amendment to the aforementioned law in , and later by the Ley de Peligrosidad y Rehabilitación Social "Law on Danger and Social Rehabilitation" in A new penal code was introduced in Spain in which specified an age of consent of 12 for all sexual acts, but this was raised to 13 in and to 16 in In , the Ley de Arrendamientos Urbanos was passed, giving same-sex couples some recognition rights.
Soon after the same-sex marriage bill became law, a member of the Guardia Civil, a military-police force, married his lifelong partner, prompting the organisation to allow same-sex partners to cohabitate in the barracks, the first police force in Europe to accommodate a same-sex partner in a military installation.