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: Pennsylvania, 1693

Death for "buggery"?

While William Penn, temporarily in disfavor with William and Mary, was suspended from power for two years, the Royal governor appointed to replace him repealed most prior legislation, including the non-capital Pennsylvania sodomy law of 1682.(1)

No new sodomy law was passed during the Royal governor's less-than-two-year reign, and the English buggery law was perhaps considered in force. When William Penn returned to Royal favor, the governor he appointed ruled according to the non-capital sodomy statute of 1682.

The next revision of Pennsylvania sodomy law was in 1700.

References

Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p. 121, citing Straughton, pp. 539-58; James T. Mitchell and Henry Flanders, eds., The Statutes at Large of Pennsylvania from 1682 to 1801 (Harrisburg: Clarence M. Busch, 1896), vol. 2, pp. 8, 79, 183-84; vol. 3, p. 202: Gail McKnight Beekman, ed., The Statutes at Large of Pennsylvania in the Time of William Penn (New York: 1976), vol. I, pp. 9, 176.