Colonial America: The Age of Sodomitical Sin, 1607-1783, by Jonathan Ned Katz

The years from 1607 to 1783 constitute the founding era of what became the United States. In the early years of this era, in these American colonies, the penalty for sodomy was death, and a number of executions are documented. Sodomy was usually conceived of then as anal intercourse between men. But why was sodomy thought of as treason against the state and punished so harshly? And what do we know of sexual and intimate relationships between women in these years, and the laws and responses to such intimacies? This feature presents or references the original documents that Jonathan Ned Katz collected in his books Gay American History (1976) and Gay/Lesbian Almanac (1983), along with evidence that others subsequently discovered. Published originally on OutHistory in 2012.

Sodomy Law: New Jersey, May 30, 1668

death for sodomy and buggery

he representative assembly of New Jersey, meeting for the first time, made "sodomy" and "buggery" capital offenses.(1)

The wording of the New Jersey sodomy statute was almost identical to the "Duke's Laws" of New York. As in New England at this time, children under fourteen and the victims of force were exempted from the death penalty, but were to be punished according to the court's discretion.

The New Jersey sodomy law was next revised in 1681.

References

Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p. 106, citing Aaron Leaming and Jacob Spicer, eds., The Grants, Concessions, and Original Constitutions of the Province of New Jersey (Philadelphia: W. Bradford, 1758), pp. 77, 79.