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, May 31, 1718

Death for sodomy and buggery

The death penalty for "sodomy and buggery" was reinstated in Pennsylvania, revising the colony's law of 1706. This revision brought Pennsylvania law into conformity with English statute and common law.(1)

The new statute's reference to "any person or persons" who committed "sodomy or buggery" theoretically allowed female-female relations to be included, though, in practice, "sodomy" probably meant intercourse between men, or possibly, between a man and woman.

The law of 1718 provided death for thirteen crimes: (1) treason, (2) murder, (3) manslaughter by stabbing, (4) serious maiming, (5) highway robbery, (6) burglary, (7) arson, (8) sodomy, (9) buggery, (10) rape, (11) concealing the death of a bastard child, (12) advising the killing of a bastard child, and (13) witchcraft.

The sodomy provision read:

... if any person or persons shall commit sodomy or buggery, or rape, or robbery ... he or they ... shall suffer as felons, according to the tenor, direction, form and effect of the several statutes in such cases respectively made and practiced in Great Britain, any act or law of this province to the contrary in anywise notwithstanding.

This law remained in effect until 1786 when, after the Revolution, Pennsylvania legislators were the first to revoke the death penalty for sodomy.(2)

References

Jonathan Ned Katz, Gay/Lesbian Almanac (NY: Harper & Row, 1983), p. 130, citing Mitchell and Flanders, vol. 3, p. 202; Barnes, Evolution, pp. 38-39.
Mitchell and Flanders, vol. 3, p. 281.