5.3.06

Η ΟΜΟΦΥΛΟΦΙΛΙΑ ΣΤΟΥΣ ΜΕΣΑΙΩΝΙΚΟΥΣ ΧΡΟΝΟΥΣ

Paul Halsall
(Fordham University 1988)

The Experience of Homosexuality in the Middle Ages

Homosexual sex was widespread in the Middle Ages and
there is abundant information on what church writers
and secular legislators thought about it. Shoddy or par
tisan scholarship and a distinctly modern disdain of
homosexuals by scholars until recently marked much of
the discussion of the history of this medieval
homosexuality. Since 1955, and especially since 1975,
much work has been done that is of reasonable quality.
The concentration has tended to be on the Church's, or
society's, attitude to homosexuality. This paper takes
a different tack and looks at the personal experience
in the Middle Ages of those we would now call homo
sexuals and the structures in which they were able to
experience their sexuality. Their experience fits in
with the wider experience of sexuality in Middle Ages
and this also will be considered. Naturally, we can say
little about what sexuality felt like for individuals,
but a possible framework for their experience can be
reconstructed from existing sources. This will be,
necessarily, a framework for the experience of
homosexual males for significant information exists
only about men and boys.

The main focus of the present paper will be on the
experience of homosexuality for individuals and on what
can be gleaned about the subcultures or other kinds of
social networks homsexuals belonged to in diverse
medieval periods. There are theoretical issues to face
in this inquiry, about the concept of homosexual and
homosexuality, and the overall place of homosexuality
in the study of medieval sexuality. Only after looking
at these will we move to a consideration of sources and
the uses that can be made of them. A examination of the
often ignored issue of why people engaged in homosexual
activities will help us to focus better on the core of
this paper which will be to consider those medieval
societies in which we have knowledge of homosexuality
and to see if they fit into any typology. The
typologies looked at are of the types of homosexuality
we can see present and at the social contexts in which
this sexuality was expressed.

Use of Terms
Michel Foucault opened up the serious
investigation of the history of sexuality. His view
was that sexuality is socially constructed in a way
similar to grammar, and so to talk about homosexuality
in the past would be a solecism; for Foucault the
experience of a modern western gay man is
incommensurable with same-gender sex in other periods
or cultures. This distinctive perspective has become
orthodox for many writers. John Boswell led the attack
on Foucault's thesis, although his own theory that
there have always been homosexual subcultures does not
seem to be verifiable. Other authors not attached to
structuralist theory, such as Guido Ruggiero, are now
joining Boswell. The core issue is did homosexual
behaviour exist before the modern period as the
affective preference we call homosexuality? The word
homosexual is a nineteenth-century invention, and it is
often suggested that one alternative, sodomy, had too
varied a meaning in the Middle Ages to substitute for
it. Self-conception is surely important in defining a
person's sexuality, but we need not be too realist
about it: a thing does not need a name to exist.
Homosexual acts existed and even though the meaning of
the word sodomy has been much discussed for the Middle
Ages, and it could be applied to acts such as anal
intercourse between married people, in the majority of
cases it refers to various sexual acts between men. A
working definition is that homosexuality, the desire
for at least sexual contact with someone of the same
gender, is a perquisite of a person practising
homosexual acts on a regular basis, even though as this
paper makes clear, the social framework may vary
greatly.

Medieval Sexuality
A study of homosexuality fits into the wider
history of sexuality in the Middle Ages. Discussions of
sex dating from the period are almost all
ecclesiastical, while current scholarly interest is
with the sexual lives of lay people. This requires an
oblique use of sources similar to that needed with the
history of homosexuality.

Late antique thought in general had turned against
sexuality. The revival of transcendence in philosophy
downgraded the body and exalted rationality as a path
to divinity. Christian theologians took up the theme
with gusto. In the West, St. Jerome and St. Ambrose con
ceived of sex as a way of tying the spirit to
carnality. St. Augustine took up another platonic theme, that
passion derogated from reason, and argued that, while
procreation was a virtuous end for sex, attempts to
gain pleasure were unnatural since rationality was
inevitably compromised. His views set the tone for
western Christianity. Sex was permissible only within
marriage and when it aimed at procreation, and only
then if you did not enjoy it too much. This general
theme was particularised in discussions of what was
allowable between married people. Masturbation was
out, as were anal and oral sex; all were pleasurable
and did not lead to procreation. Vaginal intercourse
also was permitted only in what has become called the
"missionary position" and there was an extended
discussion of the sinfulness of having the woman on
top, of entry from behind and anal sex. Eventually
many commentators came to the conclusion that any
unusual coital positions were unnatural, although it
was never agreed exactly what was permitted and the
concept of "natural" proved to be flexible.

Clearly the theories of ostensibly celibate
authors did not accord with the practice and types of
sexual activity practised by heterosexuals. The
discussions of possible sins by theologians indicate
that some people were committing those sins; there is
some evidence that users of early medieval penitentials
inquired into what sins a penitent had committed and
so the penitentials do reflect practice as well as
churchmen's concerns. After the institution of
compulsory confession at the Fourth Lateran Council
(1215), the practices of the laity resulted in a new
consideration of ethics by theologians; Bishop
Grosseteste of Lincoln, for instance, worked on
Aristotle's Ethics, and new handbooks for confessors
were produced. This evidence shows that heterosexuals
in the Middle Ages practised a wide range of sexual
activity. As well as procreative sex in the missionary
position, heterosexuals seem to have enjoyed sex with
the woman on top, in the "doggy position", and oral
sex. Heterosexuals also had anal sex, and this seems
to have been used as a form of contraception along with
coitus interruptus. In periods when marriage was
delayed we can also be fairly sure that masturbation
was an outlet. Other evidence, apart from conventional
love literature, makes it clear that people also loved
each other on occasion. People do seem to have had
psychological defenses against the ecclesiastical
onslaughts on their sexuality; there was a popular
belief that sex between married people was always
without sin, and there was a phrase si non caste,
tamen cauts.

This wider world of medieval sexuality includes
homosexuality, and we have been looking at it to
establish that homosexuals were not alone in having
their sexuality negated by ecclesiastical ideology.
Turning now to how historians have approached this
aspect of medieval sexuality, we find that three themes
predominate; biography, church and society's views of
homosexuality, and the persecution suffered by
homosexuals.

The least informative in terms of gaining a
historical perspective on the subject has been the
biographical approach. There are numerous biographies
of St. Anselm, St. Aelred, William Rufus, Richard I and
various renaissance homosexuals. Little context has
been given to their sexual lives, and the goal is often
prurient or to "prove" that homosexuals are as good or
better than heterosexuals.

Another approach has been to look at society's
view of homosexuality. This takes into account church
views and secular laws. Bailey's work is well known in
this area, and the results of this sort of study have
been informative. The goal has often been to change
contemporary opinion.

The persecution of homosexuals has been the
greatest concern of many writers on the subject. Gay
writers in particular have seen the origins of modern
oppression in Christian Europe. The two major themes
have been the growth of intolerance and actual
persecution. John Boswell argues strongly that
Christianity only became hostile as it absorbed the
effects of social changes which had nothing to do with
religion. Furthermore, it was only in the thirteenth
century that condemnation of homosexual activity became
a major theme. Boswell sometimes overstates his case,
but he is on to something; churchmen become much more
consistent after the mid-thirteenth century in their
condemnation at the same time that in the secular
sphere capital punishments begin to be handed out.
Various writers have drawn links between the treatment
of Jews, lepers, heretics and homosexuals. Each group
tended to be scarred with the stigma of the others.
Physical persecution followed the increase in
intolerance. The burnings began when the secular
lawmakers took up the ecclesiastical themes. Their
motives were explicitly religious; fear of the divine
vengeance meted out to Sodom was often given as a
reason for the new laws. Why these laws and punishments
were made only in the thirteenth century is disputed.
Gay activist writers tend to see Christian morality
entering the laws, but equally important was that it
was only in the thirteenth century that secular laws
were made in great numbers and law makers looked to
Roman Law which since Justinian had explicitly
condemned homosexuality.

If physical persecution was a factor in the lives
of homosexuals only in the late Middle Ages, it was not
the only way they might have felt attacked. They were
constantly aware, if they had contact with the church,
that their sexual desires were sinful. There has been a
tendency to see homosexuals as unique in this respect,
but as the discussion of sexuality in general made
clear, almost all sexually active people were in a
similar position. Heterosexuals were allowed at least
some sexual expression and the whole orientation of
society towards marriage gave them a way of coping.
Homosexuals' social networks will be examined to see if
they provided a similar mechanism.

Sources
There were earlier studies of the history of homo
sexuality, but the work of Derrick S. Bailey marked a
new departure in the use of sources. Bailey's sources
were canon law, secular law such as Justinian's Code
and the barbarian codes, and some writings of the
church fathers and their medieval successors. Bailey's
work was constantly referred to by many of the other
writers in following two decades. John Boswell also
uses these sources, although with a broader knowledge,
but due to his determination not to look only at
negative attitudes to homosexuals, he introduced
evidence from sources such as troubadour and other
poetry and writings of monastic authors such as Aelred
of Rievaulx. Boswell also took care to look at the
context in which, for instance, canons were issued, and
was able to question Bailey's interpretations38. In this
way and by taking medieval discussions of friendship as
relevant to homosexuality, Boswell has widened
considerably the evidence available for discussion.

It is important to look at these sources because
both Bailey and Boswell are interested in a global
understanding of medieval homosexuality; Bailey is
mainly interested in the Church's view while Boswell
also attempts to comprehend the lifestyle of
homosexuals. The problem with both is that their
sources are discontinuous. There is much information,
but we are talking about a thousand years of history on
a diverse continent. Canon law and commentaries, along
with theological and spiritual writing do allow a
fairly continuous analysis of the views of the clerical
elite. The need to jump from Spain to France to
Scandinavia does not allow a similar analysis of the
actual situation of homosexual people. Law codes,
canons and scholarly commentaries are difficult to tie
to what was happening in particular places to
particular individuals. They necessitate that the
authors who use them talk about "medieval culture" and
"Christian attitudes" over large areas and long time
periods. The hermeneutical difficulties of using such
contrasting sources as seventh-century Visigothic codes
and twelfth-century monastic writing to say anything
consistent about medieval homosexuality are immense.

There has been an increase since 1978 in the
number of studies looking at local areas. Ruggiero,
Goodich, Gade, Krekic, Roth and others have used local
inquisition records, court records and poetry to
present the history of homosexuality from such diverse
local areas as Norway and Dubrovnik to Venice and
Florence. The opportunity is now available to use these
local records to come to refine more general conc
lusions. Many of the sources already used on a global
basis can also be used as local evidence, for instance
St. Peter Damien's Liber Gomorrhanius might be looked
at for the information it gives on central Italy in the
eleventh century. The goal in this paper is to direct
attention away from the generality and to the variety
of homosexual people's lives.

Motivations for Homosexuality
Given the difficulties of homosexual sex in the
Middle Ages, it is legitimate to ask why people chose
to act in this way. No etiology has ever been
established for homosexuality and its expression has
varied from culture to culture; in most it has been
tolerated or approved, but in others it has been
absent. In contrast with some non-European cultures
homosexual activity is referred to in such diverse
places and times that it always was an option, a
conceivable possibility, in the Middle Ages. John
Boswell thinks it is basically an urban phenomena, and
this is true of anything we can call a subculture, but
the evidence of the Irish penitentials, produced in a
land without cities, suggests that the urban aspect
should not be pushed.

It might be thought that homosexual activity, seen
as personal motivations and desires, does not fit into
any economic pattern. Differing patterns of hetero
sexual institutions such as marriage can be linked to
economic trends. Marriage as a means of property
transfer among the twelfth-century French aristocracy
was a different institution to that of marriages
between peasants, or between town dwellers. Homosexual
subcultures, however, emerged fully only in urban
areas. We can see the impact of the commercial
revolution here. The growth of towns was connected to
the rise in trade. Several factors resulted from this.
First of all, especially in Italy, the cities were
large enough to provide anonymity; social control was
shifted to the family and the magistracy and away from
the community at large. This "gap" in social control is
what allows a subculture to develop. Delayed marriage
in late medieval Italian towns also meant that there
were sexually mature young people who might experiment
given the lack of heterosexual opportunity45. Men who
were by inclination homosexual were also given longer
to discover this before being married. Some reasons for
being homosexual, or developing homosexual traits, do
seem to have an economic base.

Another explanation for being homosexual has been
suggested, again in the Italian context, by Herlihy46.
He takes up the issue of the age differential, which
could be up to fifteen years, between married couples
in Florence. This meant that mothers were often as near
their children's' age as their husbands. Herlihy thinks
this affected infantile development, retarded the age
of marriage and produced a "feminised" society. This
is a Freudian explanation of homosexuality, and apart
from being unprovable does not explain why a
"feminised" man should become a distant paterfamilias
when he finally married after the age of thirty.

One of the reasons people have sex is usually
overlooked. They find it pleasurable. There is no
sexual activity that is unique to homosexuals, although
some acts may be more frequent. The sources available
enable us to say something about the type of sexual
activities homosexuals practised. Early medieval
Irishmen seem to have confessed to anal intercourse,
interfemoral intercourse, and mutual masturbation.
Oral sex including the swallowing of semen was also
noted. We have no information as to whether kissing was
practised. Flagellation seems to have been a penance
rather than a pleasure. St. Peter Damian thought this
constellation of activities was prevalent amongst his
clerical contemporaries in central Italy. When we hear
the voice of homosexual poets from Spain, Arab writers
discuss anal sex but, along with their more chaste
Jewish counterparts, the emphasis is on kissing and
its pleasures. Kissing was about as far as monastic
writers in Christian Europe would go, although the
Templars were accused of analingus. Renaissance
Florence saw prosecutions for anal sex, and Ruggiero
recounts the trials of a transvestite prostitute and
another case in which the relationship of the two
charged parties was sado-masochistic. There was then a
variety of sexual activity practised by homosexuals and
the repertoire seems more or less complete. It can be
noted that discussion of oral sex apart from kissing is
relatively rare, and that interfemoral intercourse is
discussed as frequently as anal penetration. Medieval
writers and trial reports all seem to assume that anal
sex was always done from behind. All these activities
were condemned by the Church and society throughout the
period. For people to break such persistent taboos we
must acknowledge just how strong the drive for sexual
pleasure is in many individuals - as strong and
sometimes stronger than any moral precept.

Types of Homosexual Activity in Medieval Europe
Discussion of medieval homosexual sex has brought
us to one of the major themes of the paper - the types
of homosexuality we can see in medieval Europe.
Randolph Trumbach has suggested one way of
understanding the variety. His thesis is that there are
homosexually-oriented men in most societies, but
equally that there is usually horror at the idea of an
adult male playing a passive role in sex, the so-called
"women's role". He suggests that two strategies have
normally been adopted to cope with the conflict; the
first allows men to have sex with adolescent boys, who
are allowed to be passive for this period of their
lives, or there are fully accepted adult male trans
vestites. These were strategies to retain the
masculinity of one partner. For Trumbach, Christian
society is unique in rejecting both active and passive
homosexual activity, and because of this there is the
phenomenon of homosexual subcultures in West. He
thought that because of this there must always have
been homosexual subcultures in the West. Trumbach is
wrong - there have been long periods in western history
without any discernible homosexual subculture.
Trumbach was also at fault in not distinguishing
between types of sexual activity and types of social
networks or subcultures; the two are not necessarily
connected. His discussion of types of sexual activity
raises the legitmate question of why in some societies
we observe homosexual relations between equals, and in
others the adult/adolescent pattern. This is not
reducible, as Trumbach supposes, to whether or not
there was a homosexual subculture. There were societies
such as Spanish Jewry which show signs of a conscious
subculture but where all the evidence points to
adult/adolescent activity, and places where the
opposite seems to hold. Trumbach's theory is far too
rigid, but has value in raising questions about the
variety of forms homosexuality takes. This variety is
the subject now under consideration.

This section will look at those societies in
which we can see the first type of pattern of sexual
activity, that between men and boys, or where one
partner played a definitely passive role in sex. There
were real variations within this pattern.

Scandinavia has left a little evidence in law and
literature about homosexual practice. A single
regulation of 1164 survives against all homosexual
activity, but does not seem to have been enforced. The
literature makes it clear that homosexual acts were
acceptable as long as a man played a "male" role. There
was a word "argr" or "ragr" used to insult men who had
played a receptive role; the indication is that anal
sex was the activity imagined. Gade asserts that
homosexual relationships existed in Norse society, but
offers no proof of this from either law or literature.
Old Norse society seems to have been one where it was
acceptable for most men to express homoerotic desire,
especially with slaves, but where no evidence of
homosexual social networks survives. The sex in
question is usually described as between men; a strong
distinction between active and passive roles does not
here reflect any emphasis on pederasty.

Medieval Hebrew/Spanish culture has left a more
varied record of homosexual activity than Scandinavia.
Maimonides took a strict view of homosexual activity
and admonished both partners, but seems to have been
more lenient when one of the partners was under nine
years old. Although this would be a young age to have
sex, this rabbinic view has some links with the
Hebrew/Spanish literary culture whose poets wrote many
beautiful verses dedicated to the love of boys. The
most notable poets of the period wrote on the theme,
and there seems to have been no question of them
copying ancient Greek forms, although Arabic ghazal
poetry was known to them. The allusions in the poetry
were distinctly Jewish:-
Like Joseph in his form,
like Adoniah his hair.
Lovely of eyes like David,
he has slain me like Uriah.
The sexual activity referred to by Jewish poets, unlike
Muslims, did not go beyond kissing and fondling. There
were themes and images that recurred in this genre of
poetry from the eleventh to thirteenth century. The
poets knew of each other's work, were widely read, and
were integrated in society. There was here then, the
same active/passive pattern of homosexuality as in
Scandinavia, but there the similarity ends. Amongst
Spanish Jews homosexuality was a question of sex with
boys, but it was also surrounded with a halo of
romance. The boys suffered no disgrace, although sex
with bearded youths was despised, and there was a
literary and social network of those who were attracted
to other males.

There are numerous references to homosexual
activity in literature in twelfth-century Christian
France. Here the evidence of the type of sexual
activity is mixed. The poetry of the homosexual bishops
Baudri of Bourgueil (1046-1130) and his friend Marbod
of Rennes (1035-1123) reflects the situation of Jewish
Spain with an emphasis on pederasty and some awareness
by the poets of each other's work. The bishops were
even less forthright about the sexual activity they
envisioned than the Jewish poets. However, pederasty
probably was not all that was going on; Ivo of
Chartres, at the same period and in the same region,
discusses sodomy and fellatio distinctly from
pederasty, and Peter Damian, who wrote at the same period
although in a different place, mentions mutual
masturbation, interfemoral sex and "the complete act
against nature" without making a special complaint of
pederasty or one partner being passive. For the poets
however, pederasty, and by implication an
active/passive distinction, was the norm but this might
have been a literary topos reflecting an awareness of
Roman literary themes.

Trumbach's first type of homosexuality, where a
great distinction is made between active and passive
roles is made, does then appear to have occurred in
medieval Europe. In the instance where the strategy
was most clearly to preserve the masculinity of one
participant, Scandinavia, pederasty does not seem to
have been an issue. Where we find pederasty as the
pattern of active/passive activity our evidence comes
from individuals who do not stress their own
masculinity. So while passivity/activity is a fair way
to typify sexual activity, more than just the desire to
preserve masculinity was at issue; in the Jewish case,
Mosaic law was slightly less harsh on pederasty and
Christian intellectual poets had classical models to
consider. Trumbach's theory may be correct for
"primary" cultures, ones that do not have to come to
terms with previous cultural norms, but in Jewish and
Latin Christian societies constant referral to earlier
classical formulations requires that anthropological
data and theories be used with care.

Homosexual activity where there was not an active-
passive pattern would, in Trumbach's theory, be unique
to the West and related to the subculture he thought
always existed. Here we are talking about the
possibility of reversing sexual roles in a given
culture, or where no strategy was deliberately adopted
or expected by society to preserve masculinity. In
every culture there would be some who preferred an
active or passive role, but the strategy, if it could
be called that, would be the agreed pleasure of the
participants. Was this sort of sexual pattern evident
in any time or place in the Middle Ages?

Early medieval Irish confessors, as reflected in
their penitentials, were not worried by pederasty and
made no great distinction between active and passive
activity. They do distinguish between men and boys and
talk about sexual acts that are mutual and do not fit
into the active/passive paradigm. The penitential of
Cummean (c. 650) in particular talked about boys having
sex together and Columban (c. 600) instructed that a
sodomite should never be housed with another person
without mentioning the age of either person. Sex
between monks was condemned frequently, and here also
there was some equality in that sexual activity was
between men of similar status. So in early Ireland,
where there is no evidence of any homosexual
subculture, there may well have been the option of sex
on an equal basis. In this case Christian condemnation
of both parties may ,as Trumbach predicted, have led
each partner to act for pleasure rather than to
preserve social status. The only problem concerns the
degree to which we can trust the penitentials to
reflect social reality.

Monastic writing on love and friendship in the
twelfth century represents some of the earliest
evidence we have of the views of homoerotically
inclined men. Unlike Baudri of Bourgueil's musings over
pretty boys, writers such as Anselm and Aelred of
Rievaulx wrote to other monks. The objects of their
affection were younger men but they envisioned lifelong
and exclusive relationships, such as the affair Anselm
had with the young monk Osbern. It is not clear what
part sex played in these relationships; although it is
not mentioned overtly by the writers they were
attracted to males and all their emotional life centred
on men. In this milieu also we can perhaps allow some
sort of equality in the activities of homosexuals.

Contemporary with these loving monks, there was a
very different society of young fighting men, the
aristocratic elite of northern France. Duby described
the life of aristocratic youth and thought it possible
that they had sex together. Possibly the education of
knights in all-male groups, for many years with little
prospect of early marriage, would have encouraged
homosexual activity. Certainly Richard I, who embodied
twelfth-century knightly mores, had homosexual
relationships. From what we can construe of this
aristocratic activity it was mutual and between men of
the same age group. We hear nothing of the condemnation
of passive activity seen in Norse lands.

There is some evidence from non-elite and non-
monastic groups in Southwest France in the late
thirteenth century from the inquisition records of
Jacques Fournier. One Arnold of Verniole was tried c.
1323 and his homosexuality came up in the records. It
is clear that he had no trouble persuading many younger
men to sleep with him. In spite of the age difference,
both partners played active and passive roles in
penetrative sex. Arnold's motive in changing roles
around was pleasure. He does not seem to have had a
masculinity axe to grind.

The most extensive evidence of sexual activity
comes from renaissance Italy. It will be argued later
that this is the best example we have of a homosexual
subculture in the period before 1500, but for the
moment the thing to note is that there is evidence of a
wide variety of sexual patterns. Florence in
establishing its magistracy to extirpate sodomy in 1432
specifically condemned active and passive partners as
if they were both committed by adults, although the
prosecutions published by Brucker refer to homosexual
rape of boys. The Florentines also established
heterosexual brothels in 1415 with the intent of luring
young men from sodomy: they seem to have thought the
problem was one of unsatisfied sexual urges rather
than the possibility that some men might have preferred
to be passive. In Venice, Ruggiero, drawing upon trial
records, suggests that active/passive role playing was
the norm, and there were many cases of an older man
and an adolescent engaging in classic pederasty. But in
this homosexual subculture this was not the only
pattern; Ruggiero's own figures show that the number
of sodomy cases involving boys remained steady at about
25 per cent for 175 years. There were also cases of
whole groups of young noblemen of the same age group
being prosecuted96 and depositions from partners who did
take turns in active and passive penetration. In Italy
as well then, we find that equality in sexual roles was
a conceivable option for homosexuals.

In this long section Trumbach's theory of
homosexual activity has been tested in reference to
medieval Europe. He erred it seems in thinking that the
active-passive model of homosexual sex would not occur
in Christian societies, and in tying types of sexual
activity to particular types of culture. On the other
hand, the Christian condemnation of both partners in
penetrative sex may be related to the existence, in a
variety of western contexts, of a homosexuality that
does not conform to the norm in other cultures of
distinct active and passive partners. The wide spectrum
of social contexts looked at here has also demonstrated
that social context and the types sexual activity are
not closely related. The rest of this paper leaves the
study of sexual practice and takes up the theme of
social contexts.

Homosexual Networks & Homosexual Experience
So far homosexual networks or subcultures have been
distinguished from sexual activity. It is worthwhile
asking just what we mean by a subculture. Only then can
the social experience of homosexuals be analysed.

By "subculture", sociologists mean a number of
differenmt things. A culture is the name given to the
whole web of assumptions, history, language,
traditions, art, and crafts that a individuals in a
society hold in common. Society is composed of many
groups, and each group will have its own particular
subset of traditions that make it a subculture;
consciousness of being a group is usually a factor. The
number of groups is enormous, since one individual may
belong to more than one group, so there is academic
interest only in certain sorts of subcultures;
religious, ethnic, womens' and deviant subcultures have
all been of interest to scholars, often reflecting
their own concerns. In any large subculture there will
be sub-sub-cultures. To take the example of the modern
gay subculture, within the whole there are the
distinct, if sometimes overlapping, subcultures of men
interested in leather clothing, and of men interested
in opera; they share the general subcultural knowledge
of code words, gay meeting places, and gay history, and
will probably be aware of and understand "camp", but
each subgroup also has its own meeting places,
interests and language. Such subcultures did exist in
the Middle Ages, amongst, for instance, the Jews, but
as a category of thought "subculture" describes a
society more complex than that discernible in our
sources about homosexuality, with the possible
exceptions discussed later. This is not to say that
homosexuals lived life in total isolation. A more
useful concept is that of a social "network": a
homosexual would not have experienced his sexuality in
isolation if he had had a social network of homosexual
friends, fellow monks or former sexual partners. It is
also easier to discern such networks than the apparatus
of a subculture through the sources we have. A
generalised homosexual subculture after all would mean
only that a series of such smaller networks were
interlinked. A final point here, pace Trumbach, is that
no continuous homosexual subculture did exist in the
Middle Ages. Although we have looked at evidence from a
number of periods and regions there is no evidence that
any one group of homosexuals knew of any other's
existence. In this section we shall look at the this
social experience of gay men and at why there were
social networks or subculture in some places but not
others.

Plainly, some homosexuals had an entirely
individualised experience of sexuality with no
awareness of others, or at least many others with same
feelings and certainly no conception of a different
sexuality. There were a number of homosexual monarchs,
who, with the exception of Edward II, seem to have
escaped any severe punishment; one example would be
Richard I of England. Many of these monarchs do not
seem to have been tied into any social network. Of the
societies already covered Scandinavian homosexuals seem
to have been integrated with the general population:
there is no evidence that all men had sex with others,
but those who did were not regarded badly. The Norse
concept of "argr" or being passive in sex does not seem
to have been applied to any particular group. Ireland
and other regions reflected in the penitentials have
left no other evidence that would allow us to see
social networks. Possibly there were small groups in
some monasteries, and men who played with other as
youths might have remained in contact, but this remains
speculation. We can be fairly sure that in the many
areas and periods for which there is no surviving
evidence there were isolated individuals who possibly
made local contacts; the sexual habits we can observe
in the variety of places we do know about indicates as
much. Such individual experience might have been the
fate of the majority of homosexuals in the Middle Ages.

There are sundry cases where the sources point to
small groups or networks. In some royal courts there
was a network of homosexually interested men. At the
court of Charlemagne, Alcuin and his circle wrote
erotic poems and letters to each other, complete with
nicknames with classical references. This is too small
to be considered a subculture, but the homosexuals who
belonged to it did have social support. The Norman
courts, particularly that of William Rufus, also bear
witness to homosexual networks: St. Anselm preached a
sermon asking the court to stop wearing long hair, and
William of Malmesbury, admittedly at a distance of
thirty years, reports young men walking naked around
the court. A similar phenomenon of social networks can
be seen in monastic circles. In the eleventh century
St. Peter Damian imagined that whole groups of clerics
in his region got together with "eight or even ten
equally sordid men" and that homosexual priests
absolved each other of their sins. Such social
networks, although not necessarily sordid, can be seen
in the letters of Aelred of Rievaulx. For many men of
a homosexual inclination, once the Cistercians
introduced adult recruitment, a monastery must have
seemed a good way to escape the pressures of marriage.
Our evidence comes from abbots' writing; the experience
of lower level monks is not known. Of the non-elite
and non-monastic groups examined earlier, the records
of Montaillou, and the trial records of Arnold of
Verniole, indicate no extensive subculture, but Arnold
did have a whole circle of homosexually active
acquaintances. Although there is no way of quantifying,
it is possible that small social networks of friends
were the commonest way homosexuals who had any social
support experienced their sexuality. The sources just
do not support the theory of a continuous or even a
commonly recurring subculture, but do show more than
isolated individuals.

If social networks are the most we can see in most
periods, are we ever justified in seeing more developed
homosexual subcultures in the Middle Ages? The
Hebrew/Spanish poets bear witness to a tradition
lasting many centuries: the first poet to write in the
tradition of homoerotic poetry was Yishaq ben Mar-Saul
in the eleventh century and his successors continued
composition until the thirteenth century. This seems
to lend support to the idea that amongst Spanish Jews
there was a subculture. The problem is that our
evidence is literary, and, while this does show a
continuing tradition of code words, images, and
sensibility, we do not know if there were meeting
places, lasting relationships or any consciousness
among non-literary homosexuals that they formed a
group. Even with these reservations, we can see some sort of
subculture in Spain, based, as noted earlier, on the
sexual attraction of adults for adolescents. Boswell is
keen to see twelfth-century French culture and
literature as evidence of a widespread subculture114. He
brings into play the writings of Baudri of Bourgueil,
Marbod, and variety of other litery works, including
one poem which seems to refer to male brothels
operating in Paris, Chartres, Sens and Orleans. There
was also a verse debate between Helen and Ganymede on
the merits of the love of boys and the love of women.
Boswell sees such literature as "the product of a
society in which gay people were an important segment
of the population," and "where defenses of gay love
were sufficiently common to have taken on a defiant
rather than apologetic tone". Added to the sources
discussed by Boswell, there were reports of
homosexuality at Paris University in 1219, and in
Paris in general in 1230. The limited evidence does
point to a homosexual subculture amongst clerics, both
priestly and scholarly, in northern France from perhaps
the late eleventh until sometime in the thirteenth
century. The sexuality expressed in the surviving poems
is centred on sex with young males but with some
indications of more equal relationships between adults.
It is not clear if the homosexual networks we can see
in English monasteries at the period, or the possible
homosexuality amongst aristocratic youth, were linked
with the homoerotic traditions of the secular and urban
clergy of northern France. Late medieval and
renaissance Italy presents a special case. Italian
homosexuality in late Middle Ages has been well
documented by Ruggiero. The sources are entirely
different from the literary evidence used by Boswell,
and although we do not hear the voices of homosexuals,
Venice's court records describe a varied homosexual
subculture in the fifteenth century with distinct
meeting places near the Rialto amongst other places.
Ruggiero thinks that this subculture only came into
being in the fifteenth century. More rudimentary
social organisation is discernible in Italy before
that: Dante is quite aware of sodomites a century
earlier. Although only Venice has been investigated in
full there were muncipal statutes in many other Italian
cities of the period, and it is possible much more
evidence of homosexual subcultures is available in
their court records. Homosexual subcultures did exist
in the Middle Ages, although there are full records for
none of them. The total number was small, and they were
limited to certain areas. For most of the period there
was only the most limited social organisation for
homosexuals.

There are no set reasons why a homosexual network
or more developed subculture should develop in one area
and not in another. Much work has been done on the
persecution of homosexuals, and Boswell's thesis is
that persecution destroyed the homosexual subculture of
the twelfth entury. That may have been the case in
France, but the most developed subculture we are aware
of, that of Venice, grew up in an atmosphere far more
dangerous for homosexuals than anything in the
thirteenth century.
Persecution was not the only relevant fact in the
existence of a subculture. Urbanisation as such has
little to do with the existence of homosexual activity,
Scandinavia and early medieval Ireland show that, but a
developed social organisation seems to be necessary
before sub-groups can form their own networks. Not
every town had a homosexual network, as far as we can
see, but almost all the networking that did occur was
related to urban life125. Small networks must have grown
up accidentally as a group of acquaintances came to
recognise their sexuality in each other. Only when and
where there was a continuous subculture would there be
real opportunities for homosexuals outside these chance
networks to find a social context for their sexuality.

Conclusions
This paper has looked at the experience of
medieval homosexuals from a distinct perspective. In
particular the development of persecution and hatred,
the elaboration of a theological and juridical
onslaught, has been sidelined. The goal has been to
discuss the way in which homosexuals experienced their
sexuality. The theoretical problems were discussed
along with previous approaches to the issue. Source
material instead of being used to make large
generalisations has been taken as evidence for
localised information. The central part of the paper
looked at why people might act homosexually, and at the
type of sex they had. The last two sections took up the
suggestions of Randolph Trumbach on the type of
sexualities and subcultures that might be found. Very
clearly there were distinct types of sexual activity in
different periods and areas, but these activities do
not seem to accord with any particular social
organisation of homosexuals: there was a pederastic
emphasis in the Spain, with a developed subculture, and
there were relationships conducted on a more equal
basis in areas where there is little evidence of
homosexual social organisation. What has become clear
is that homosexuality existed in immensely varied forms
in the Middle Ages. A global approach to the whole
period is of some use and interest, but to try to
understand the lives of homosexual individuals it is
necessary to consider their local circumstances and the
structures in which they lived.

4.3.06

ΣΕΞΟΥΑΛΙΚΟΣ ΠΡΟΣΑΝΑΤΟΛΙΣΜΟΣ ΚΑΙ ΕΦΗΒΟΙ

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Sexual Orientation and Adolescents
Barbara L. Frankowski, MD, MPH and Committee on Adolescence

INTRODUCTION
Pediatricians are being asked with increasing frequency to address questions about sexual behavior and sexual orientation. It is important that pediatricians be able to discuss the range of sexual orientation with all adolescents and be competent in dealing with the needs of patients who are gay, lesbian, bisexual, or transgendered or who may not identify themselves as such but who are experiencing confusion with regard to their sexual orientation. Young people whose sexual orientation is not heterosexual can have risks to their physical, emotional, and social health, primarily because of societal stigma, which can result in isolation. Because self-awareness of sexual orientation commonly occurs during adolescence, the pediatrician should be available to youth who are struggling with sexual orientation issues and support a healthy passage through the special challenges of the adolescent years. Pediatricians may be called on to help parents, siblings, and extended families of nonheterosexual youth. Also, nonheterosexual youth and adults are part of peer groups with whom all pediatric patients and their parents spend time in the neighborhood, at school, or at work. Thus, pediatricians may be called on to help promote better understanding of issues involving nonheterosexual youth.
Gay, lesbian, and bisexual people in the United States have unique health risks. The US Department of Health and Human Services has identified 29 Healthy People 2010 objectives in which disparities exist between homosexual or bisexual persons and heterosexual persons. These focus areas include access to care, educational and community-based programs, family planning, immunization and infectious disease, sexually transmitted diseases (STDs) including human immunodeficiency virus (HIV) infection, injury and violence prevention, mental health and mental disorders, substance abuse, and tobacco use.
DEFINITIONS
Sexual orientation refers to an individual’s pattern of physical and emotional arousal toward other persons. Heterosexual individuals are attracted to persons of the opposite sex, homosexual individuals are attracted to persons of the same sex, and bisexual individuals are attracted to persons of both sexes. Homosexual males are often referred to as "gay"; homosexual females are often referred to as "lesbian." In contrast, gender identity is the knowledge of oneself as being male or female, and gender role is the outward expression of maleness or femaleness. Gender identity and gender role usually conform to anatomic sex in both heterosexual and homosexual individuals. Exceptions to this are transgendered individuals and transvestites. Transgendered individuals feel themselves to be of a gender different from their biological sex; their gender identity does not match their anatomic or chromosomal sex. Transvestites are individuals who dress in the clothing of the opposite gender and derive pleasure from such actions; their gender role does not match societal norms. Transgendered individuals and transvestites can be heterosexual, homosexual, or bisexual.
Sexual orientation is not synonymous with sexual activity or sexual behavior (the way one chooses to express one’s sexual feelings). Certain sexual behaviors can put individuals of any sexual orientation at risk of pregnancy (penile-vaginal sexual intercourse) and/or certain diseases (penile-vaginal, oral, and anal sexual intercourse). Especially during adolescence, individuals may participate in a variety of sexual behaviors. Many homosexual adults report having relationships and sexual activity with persons of the opposite sex as adolescents, and many adults who identify themselves as heterosexual report sexual activity with persons of the same sex during adolescence. Also, many youth label themselves as gay, lesbian, or bisexual years after labeling their attractions as such. In addition, adolescents may also self-identify as nonheterosexual without ever being sexually active. Pediatricians need to understand that they should inquire about sexual attraction or orientation even when youth do not report being gay or lesbian.
ETIOLOGY AND PREVALENCE
Homosexuality has existed in most societies for as long as recorded descriptions of sexual beliefs and practices have been available. Societal attitudes toward homosexuality have had a decisive effect on the extent to which individuals have hidden or made known their sexual orientation.
Human sexual orientation most likely exists as a continuum from solely heterosexual to solely homosexual. In 1973, the American Psychiatric Association reclassified homosexuality as a sexual orientation or expression and not a mental disorder. The mechanisms for the development of a particular sexual orientation remain unclear, but the current literature and most scholars in the field state that one’s sexual orientation is not a choice; that is, individuals do not choose to be homosexual or heterosexual.
A variety of theories about the influences on sexual orientation have been proposed. Sexual orientation probably is not determined by any one factor but by a combination of genetic, hormonal, and environmental influences. In recent decades, biologically based theories have been favored by experts. The high concordance of homosexuality among monozygotic twins and the clustering of homosexuality in family pedigrees support biological models. There is some evidence that prenatal androgen exposure influences development of sexual orientation, but postnatal sex steroid concentrations do not vary with sexual orientation. The reported association in males between homosexual orientation and loci on the X chromosome remains to be replicated. Some research has shown neuroanatomic differences between homosexual and heterosexual persons in sexually dimorphic regions of the brain. Although there continues to be controversy and uncertainty as to the genesis of the variety of human sexual orientations, there is no scientific evidence that abnormal parenting, sexual abuse, or other adverse life events influence sexual orientation. Current knowledge suggests that sexual orientation is usually established during early childhood.
The estimated proportion of Americans who are homosexual is imprecise at best, because surveys are hampered by the stigmatization and the climate of fear that still surround homosexuality. Past studies asked more often about sexual behavior and not sexual orientation. Kinsey et al, from their studies in the 1930s and 1940s, reported that 37% of adult men and 13% of adult women had at least 1 sexual experience resulting in orgasm with a person of the same sex and that 4% of adult men and 2% of adult women are exclusively homosexual in their behavior and fantasies. A more recent review of various US studies estimated that 2% of men are exclusively homosexual and 3% are bisexual. Other current studies conclude that somewhere between 3% and 10% of the adult population is gay or lesbian, and perhaps a larger percentage is bisexual. Sorenson surveyed a group of 16- to 19-year-olds and reported that 6% of females and 17% of males had at least 1 sexual experience with a person of the same sex. Remafedi et al, in a large, population-based study of junior and senior high school students performed in the late 1980s that measured sexual fantasy, emotional attraction, and sexual behavior, found that more than 25% of 12-year-old students felt uncertain about their sexual orientation. This uncertainty decreased with the passage of time and increasing sexual experience to only 5% of 18-year-old students. Only 1.1% of students reported themselves as predominantly homosexual or bisexual. However, 4.5% reported primary sexual attractions to persons of the same sex, which better reflects actual sexual orientation. The Garofalo et al study, based on the 1995 Massachusetts Youth Risk Behavior Survey, found that 2.5% of youth self-identified as gay, lesbian, or bisexual.
These data illustrate the complexity of labeling sexual orientation in adolescents. Health care professionals should be aware that a large number of adolescents have questions about their sexual feelings; some are attracted to and may have sexual relations with people of the same sex, and a small number may know themselves to be gay or lesbian.
SPECIAL NEEDS OF NONHETEROSEXUAL AND QUESTIONING YOUTH
The overall goal in caring for youth who are or think they might be gay, lesbian, or bisexual is the same as for all youth: to promote normal adolescent development, social and emotional well-being, and physical health. If their environment is critical of their emerging sexual orientation, these adolescents may experience profound isolation and fear of discovery, which interferes with achieving developmental tasks of adolescence related to self-esteem, identity, and intimacy. Nonheterosexual youth often are subjected to harassment and violence; 45% of gay men and 20% of lesbians surveyed were victims of verbal and physical assaults in secondary school specifically because of their sexual orientation.
Nonheterosexual youth are at higher risk of dropping out of school, being kicked out of their homes, and turning to life on the streets for survival. Some of these youth engage in substance use, and they are more likely than heterosexual peers to start using tobacco, alcohol, and illegal drugs at an earlier age. Nonheterosexual youth are more likely to have had sexual intercourse, to have had more partners, and to have experienced sexual intercourse against their will, putting them at increased risk of STDs including HIV infection. In a recent study of HIV seroprevalence, 7% of 3492 15- to 22-year-old males who have sex with males living in 7 US cities were HIV-seropositive. Among adolescent males who have sex with males, HIV seroprevalence rates in descending order were highest among black adolescents, then "mixed race or other" adolescents, and then Hispanic adolescents and were lowest among Asian and white adolescents. Women having sex with women have the lowest risk of any STD, but lesbian adolescents remain at significant risk because they are likely to have had sexual intercourse with males. Youth in high school who identify themselves as gay, lesbian, or bisexual; engage in sexual activity with persons of the same sex; or report same-sex romantic attractions or relationships are more likely to attempt suicide, be victimized, and abuse substances. Although only representing a portion of youth who someday will self-identify as gay, lesbian, or bisexual, school-based studies have found that these adolescents, compared with heterosexual peers, are 2 to 7 times more likely to attempt suicide, are 2 to 4 times more likely to be threatened with a weapon at school, and are more likely to engage in frequent and heavy use of alcohol, marijuana, and cocaine. It is important to note that these psychosocial problems and suicide attempts in nonheterosexual youth are neither universal nor attributable to homosexuality per se, but they are significantly associated with stigmatization of gender nonconformity, stress, violence, lack of support, dropping out of school, family problems, acquaintances’ suicide attempts, homelessness, and substance abuse. In addition to suicidality, young gay and bisexual men might also suffer body image dissatisfaction and disordered eating behaviors for some of the same reasons.
Nonheterosexual youth are represented within all populations of adolescents, all social classes, and all racial and ethnic groups. Ethnic minority youth who are nonheterosexual are required to manage more than one stigmatized identity, which increases their level of vulnerability and stress. They retain their minority status when they seek help in the predominately white gay and lesbian support communities. In addition, sexual minority youth are represented among handicapped adolescents, homeless adolescents, and incarcerated youth.
Most nonheterosexual youths are "invisible" and will pass through pediatricians’ offices without raising the issue of sexual orientation on their own. Therefore, health care professionals should raise issues of sexual orientation and sexual behavior with all adolescent patients or refer them to a colleague who can. Such discussions normalize the notion that there is a range of sexual orientation. The portrayal of openly gay or lesbian characters in media is starting to change how adolescents view these differences. Even adolescents who are quite sure of their own heterosexuality are likely to have friends, relatives, teachers, etc whom they know or suspect to be gay or lesbian or who are struggling with questions about their sexual orientation. Rather than asking patients whether they have a "boyfriend" or "girlfriend," pediatricians could ask, "Have you ever had a romantic relationship with a boy or a girl?" or "When you think of people to whom you are sexually attracted, are they men, women, both, neither, or are you not sure yet?" By doing so, pediatricians open the door to additional communication and start to break down stereotypes and stigmatization. It implies that any of the options is possible and that an adolescent may not be sure of his or her sexual orientation. If these issues are addressed, specifically targeted medical screening, medical treatment, and anticipatory guidance can be provided to adolescents who need it. Pediatricians can have an important positive effect on young people and their families by addressing sexual orientation and sexual behavior on several levels: office and hospital policies, clinical care, and community advocacy.2
OFFICE PRACTICE: ENSURE A SAFE AND SUPPORTIVE ENVIRONMENT
A pediatric encounter may give adolescents a rare opportunity to discuss their concerns about their sexual orientation and/or activities. Adolescents’ level of comfort in the pediatric office sets the tone for their other health care interactions. The way sexuality and other important personal issues are discussed also sets an example for all adolescents and their parents. In the office, pediatricians are encouraged to
Assure the patient that his or her confidentiality is protected.
Implement policies against insensitive or inappropriate jokes and remarks by office staff.
Be sure that information forms use gender-neutral, nonjudgmental language.
Consider displaying posters, brochures, and information on bulletin boards that demonstrate support of issues important to nonheterosexual youth and their families (eg, the American Academy of Pediatrics [AAP] brochure "Gay, Lesbian, and Bisexual Teens: Facts for Teens and their Parents").
Provide information about support groups and other resources to nonheterosexual youth and their friends and families if requested.
COMPREHENSIVE HEALTH CARE FOR ALL ADOLESCENTS
Pediatricians are not responsible for labeling or even identifying nonheterosexual youth. Instead, the pediatrician should create a clinical environment in which clear messages are given that sensitive personal issues including sexual orientation can be discussed whenever the adolescent feels ready to do so. A major obstacle to effective medical care is adolescents’ misunderstanding of their right to confidential care. The pediatrician should be ready to raise and discuss issues of sexual orientation with all adolescents, particularly those in distress or engaged in high-risk behaviors. The pediatrician should be able to explore the adolescent’s understanding and concerns about sexual orientation, dispel any misconceptions, provide appropriate medical care and anticipatory guidance, and connect the adolescent to appropriate supportive community resources. Pediatricians are encouraged to
Be aware of the special issues surrounding the development of sexual orientation.
Assure the patient that his or her confidentiality is protected.
Discuss emerging sexuality with all adolescents.
Be knowledgeable that many heterosexual youth also may have sexual experiences with people of their own sex. Labeling as homosexual an adolescent who has had sexual experiences with persons of the same sex or is questioning his or her sexual orientation could be premature, inappropriate, and counterproductive.
Use gender-neutral language in discussing sexuality; use the word "partner" rather than "boyfriend" or "girlfriend," and talk about "protection" rather than just "birth control."
Give evidence of support and acceptance to adolescents questioning their sexual orientation.
Provide information and resources regarding gay, lesbian, and bisexual issues to all interested adolescents.
Ask all adolescents about risky behaviors, depression, and suicidal thoughts.
Encourage abstinence, discourage multiple partners, and provide "safer sex" guidelines to all adolescents. Discuss the risks associated with anal intercourse for those who choose to engage in this behavior, and teach them ways to decrease risk.
Counsel all adolescents about the link between substance use (alcohol, marijuana, and other drugs) and unsafe sexual intercourse.
Ask all adolescents about personal experience with violence including sexual or intimate-partner violence. Provide additional screening and education as indicated for each adolescent’s sexual activity:
STD testing from appropriate sites
HIV testing with appropriate support and counseling
Pregnancy testing and counseling
Papanicolaou testing
Hepatitis B and, when appropriate, hepatitis A immunization
Ensure that colleagues to whom adolescents are referred or with whom you consult are respectful of the range of adolescents’ sexual orientation.
SPECIAL CONSIDERATIONS FOR NONHETEROSEXUAL YOUTH
For adolescents who self-identify as gay, lesbian, or bisexual, pediatricians should be particularly aware of several points:
Be prepared to refer adolescents’ care if you have personal barriers to providing such care. Many individuals have strong negative attitudes about homosexuality or may simply feel uncomfortable with the subject. Even discomfort expressed through body language can send a very damaging message to nonheterosexual youth. It is an ethical and professional obligation to make an appropriate referral in these situations for the good of the child or adolescent.
Assure the patient that his or her confidentiality is protected. Discuss with adolescents and, if appropriate, their parents whether they wish to have their sexual orientation recorded in office and hospital charts. Many nonheterosexual adults prefer to have this information recorded so that health care professionals will not assume heterosexuality.
Help the adolescent think through his or her feelings carefully; strong same-sex feelings and even sexual experiences can occur at this age and do not define sexual orientation.
Carefully identify all risky behaviors (sexual behaviors; use of tobacco, alcohol, and drugs; etc) and offer advice and treatment if indicated.
Ask about mental health concerns and evaluate or refer patients with identified problems.
Offer support and advice to adolescents faced with or anticipating conflicts with families and/or friends.
Encourage transition to adult health care when age-appropriate.
Pediatricians should be aware that the revelation of an adolescent’s homosexuality (also called disclosure or "coming out") has the potential for intense family discord. In many families, it precipitates physical and/or emotional abuse or even expulsion. The pediatrician can advise the adolescent to use certain language that may be helpful at the time of disclosure, such as "I am the same person, you just know one more thing about me now." However, there is no one disclosure technique that will preclude negative reactions. Parents, siblings, and other family members may require professional help to deal with their confusion, anger, guilt, and feelings of loss, and professionals who work with adolescents may be required to intervene on the adolescent’s behalf. If the pediatrician has a relationship with the parents from ongoing primary care, he or she can be an important initial source of support and information. However, adolescents should be counseled to think carefully about the consequences of disclosure and to take their time in sharing information that could have many repercussions.1
With regard to parents of nonheterosexual adolescents, pediatricians are encouraged to:
Advise adolescents about whether, when, and how to disclose their nonheterosexuality to their parents. If unsure, assist the adolescent in finding a knowledgeable professional who can help.
Be knowledgeable about the process of disclosure.
Be supportive of parents of adolescents who have disclosed that they are not heterosexual. Most states have chapters of Parents and Friends of Lesbians and Gays (PFLAG) to which interested families may be referred.
Remind parents and adolescents that gay and lesbian individuals can be successful parents themselves.
Be prepared to refer parents if you do not feel personally comfortable accepting this responsibility.
COMMUNITY ADVOCACY
Despite AAP statements issued in 1983 and 1993 urging excellent clinical care for nonheterosexual adolescents, these patients still experience many risks to their physical and mental health and safety that occur outside the scope of usual office practice. Some pediatricians may wish to take a broader role in their communities to help decrease these risks. Pediatricians could model and provide opportunities for increasing awareness and knowledge of homosexuality and bisexuality among school staff, mental health professionals, and other community leaders. They can make themselves available as resources for community HIV and acquired immunodeficiency syndrome (AIDS) education and prevention activities. It is critical that schools find a way to create safe and supportive environments for students who are or wonder about being nonheterosexual or who have a parent or other family member who is nonheterosexual. Support from respected pediatricians can facilitate these efforts greatly. Pediatricians who choose to be active on these issues may wish to:
Help raise awareness among school and community leaders of issues relevant to nonheterosexual youth.
Help with the discussion of when and how factual materials about sexual orientation should be included in school curricula and in school and community libraries.
Support the development and maintenance of school- and community-based support groups for nonheterosexual students and their friends and parents.
Support HIV and AIDS prevention and education efforts.
Develop and/or request continuing education opportunities for health care professionals related to issues of sexual orientation, nonheterosexual youth, and their families.
SUMMARY OF PHYSICIAN GUIDELINES
The AAP reaffirms the physician’s responsibility to provide comprehensive health care and guidance in a safe and supportive environment for all adolescents, including nonheterosexual adolescents and young people struggling with issues of sexual orientation. Some pediatricians might choose to assume the additional role of advocating for nonheterosexual youth and their families in their communities. The deadly consequences of HIV and AIDS, the damaging effects of violence and ostracism, and the increased prevalence of adolescent suicidal behavior underscore the critical need to address and seek to prevent the major physical and mental health problems that confront nonheterosexual youths in their transition to a healthy adulthood.

3.3.06

ΥΙΟΘΕΣΙΑ ΠΑΙΔΙΩΝ ΑΠΟ ΖΕΥΓΑΡΙΑ (ΟΜΟΦΥΛΟΦΙΛΩΝ) ΓΥΝΑΙΚΩΝ

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Adoption by lesbian couples
Is it in the best interests of the child?
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The report of the American Academy of Pediatrics in February 2002 supporting the introduction of legislation to allow the adoption by co-parents of children born to lesbian couples sparked enormous controversy not only within the medical profession but among the public as well. Almost without exception, only the mother who gives birth to or adopts the child may currently be the legal parent, even in cases where a couple plan a family together and raise their child in a stable family unit. The academy has taken the view that children in this situation deserve the security of two legally recognised parents in order to promote psychological wellbeing and to enable the child's relationship with the co-mother to continue should the other mother die, become incapacitated, or the couple separate. This position is based on evidence derived from the research literature on this issue. The Washington Times described the stance of the academy as "an unfortunate surrender to political expediency" and accused the academy's Committee on Psychosociological Aspects of Child and Family Health of sacrificing scientific integrity in order to advance an activist agenda. Is it the case that children born to lesbian couples "can have the same advantages and the same expectations for health, adjustment, and development as can parents who are heterosexual," as stated by the academy? Alternatively, is the academy simply pandering to a politically correct agenda?
Two main concerns have been expressed in relation to lesbian mother families: firstly, that the children would be bullied and ostracised by peers and would consequently develop psychological problems, and, secondly, that they would show atypical gender development such that boys would be less masculine in their identity and behaviour, and girls less feminine, than boys and girls from heterosexual families. Lack of knowledge about these children and their parents in the light of a growing number of child custody cases involving a lesbian mother prompted the first wave of studies in the 1970s. This early body of research focused on families where the child had been born into a heterosexual family and then moved with the mother into a lesbian family after the parents' separation or divorce. Regardless of the geographical or demographic characteristics of the families studied, the findings of these early investigations were strikingly consistent. Children from lesbian mother families did not show a higher rate of psychological disorder or difficulties in peer relationships than their counterparts from heterosexual homes. With respect to gender development, there was no evidence of confusion about gender identity among these children, and no difference in sex role behaviour between children in lesbian and heterosexual families for either boys or girls.
A limitation of the early investigations was that only school age children were studied. It was argued that sleeper effects may exist such that children raised in lesbian mother families may experience difficulties in emotional wellbeing and in intimate relationships when they grow up. Further, they may be more likely than other children to themselves adopt a lesbian or gay sexual orientation in adulthood, an outcome that has been considered undesirable by courts of law. To address this question, a group of children raised in lesbian mother families in the United Kingdom was followed up to adulthood. These young adults did not differ from their counterparts from heterosexual families in terms of quality of family relationships, psychological adjustment, or quality of peer relationships. With respect to their sexual orientation, the large majority of children from lesbian families identified as heterosexual in adulthood.
In recent years, attention has moved from the issue of child custody to whether lesbian women should have access to assisted reproduction procedures, particularly donor insemination, to enable them to have children without the involvement of a male partner. The findings from studies of these families, where the children grow up without a father right from the start, indicate that the children do not differ from their peers in two parent, heterosexual families in terms of either emotional wellbeing or gender development. The only clear difference to emerge is that co-mothers in two parent lesbian families are more involved in parenting than are fathers from two parent homes.
A limitation of the existing body of research is that only small volunteer or convenience samples have been studied, and thus mothers whose children are experiencing difficulties may be under-represented. Nevertheless, a substantial body of evidence indicates that children raised by lesbian mothers do not differ from other children in key aspects of psychological development. On the basis of this evidence it seems that the American Academy of Pediatrics acted not out of political correctness but with the intention of protecting children who are likely to benefit from the legal recognition of their second parent. At present in the United Kingdom, lesbian women are individually eligible to adopt children, whether living with a partner or not. However, members of parliament have recently voted to allow unmarried couples, whatever their sexual orientation, to adopt children jointly.
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Susan Golombok, professor.
Family and Child Psychology Research Centre, City University, London EC1V 0HB (S.E.Golombok@city.ac.uk)

2.3.06

ΓΑΜΟΣ ΟΜΟΦΥΛΩΝ. ΠΕΡΑ ΑΠΟ ΤΙΣ ΠΡΟΚΑΤΑΛΗΨΕΙΣ ΚΑΙ ΤΑ ΣΤΕΡΕΟΤΥΠΑ

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Gay Marriage: The Arguments and the Motives
By Scott Bidstrup
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Ask just about anyone. They'll all tell you they're in favor of equal rights for homosexuals. Just name the situation, and ask. They'll all say, yes, gays should have the same rights in housing, jobs, public accomodations, and should have equal access to government benefits, equal protection of the law, etcetera, etcetera.
Then you get to gay marriage.
And that's when all this talk of equality stops dead cold.
More than half of all people in the United States oppose gay marriage, even though three fourths are otherwise supportive of gay rights. This means that many of the same people who are even passionately in favor of gay rights oppose gays on this one issue.
Why all the passion?
It's because there is a lot of misunderstanding about what homosexuality really is, as well as the erroneous assumption that gay people enjoy the same civil rights protections as everyone else. There are also a lot of stereotypes about gay relationships, and even a great deal of misunderstanding of what marriage itself is all about and what its purpose is.
The purpose of this essay, then, is to clear up a few of these misunderstandings and discuss some of facts surrounding gay relationships and marriage, gay and straight.
First, let's discuss what gay relationships are really all about. The stereotype has it that gays are promiscuous, unable to form lasting relationships, and the relationships that do form are shallow and uncommitted. And gays do have such relationships!
But the important fact to note is that just like in straight society, where such relationships also exist, they are a small minority, and exist primarily among the very young. Indeed, one of the most frequent complaints of older gay men is that it is almost impossible to find quality single men to get into a relationship with, because they're already all 'taken!'
If you attend any gay event, such as a Pride festival or a PFLAG convention, you'll find this to be true. As gays age and mature, just like their straight cohorts, they begin to appreciate and find their way into long-term committed relationships.
The values that such gay couples exhibit in their daily lives are often indistinguishable from those of their straight neighbors. They're loyal to their mates, are monogamous, devoted partners. They value and participate in family life, are committed to making their neighborhoods and communities safer and better places to live, and honor and abide by the law. Many make valuable contributions to their communities, serving on school boards, volunteering in community charities, and trying to be good citizens. In doing so, they take full advantage of their relationship to make not only their own lives better, but those of their neighbors as well.
A benefit to heterosexual society of gay marriage is the fact that the commitment of a marriage means the participants are discouraged from promiscous sex. This has the advantage of slowing the spread of sexually transmitted diseases, which know no sexual orientation and are equal opportunity destroyers.
These benefits of gay marriage have changed the attitudes of the majority of people in Denmark and other countries where various forms of gay marriage have been legal for years. Polling results now show that most people there now recognize that the benefits far outweigh the trivial costs, and that far from threatening heterosexual marriage, gay marriage has actually strenghtened it.
So, having established the value of gay marriage, why are people so opposed to it?
Many of the reasons offered for opposing gay marriage are based on the assumption that gays have a choice in who they can feel attracted to, and the reality is quite different. Many people actually believe that gays could simply choose to be heterosexual if they wished. But the reality is that very few do have a choice -- any more than very few heterosexuals could choose which sex to find themselves attracted to.
Additionally, many people continue to believe the propaganda from right-wing religious organizations that homosexuality is about nothing but sex, considering it to be merely a sexual perversion. The reality is that homosexuality is multidimensional, and is much more about love and affection than it is about sex. And this is what gay relationships are based on -- mutual attraction, love and affection. Sex, in a committed gay relationship, is merely a means of expressing that love, just the same as it is for heterosexuals. Being gay is much more profound than simply a sexual relationship; being gay is part of that person's core indentity, and goes right the very center of his being. It's like being black in a society of whites, or a blonde European in a nation of black-haired Asians. Yes, being gay is just that profound to the person who is. This is something that few heterosexuals can understand unless they are part of a minority themselves.
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The Arguments Against Gay Marriage
Well, of course there are a lot of reasons being offered these days for opposing gay marriage, and they are usually variations on a few well-established themes. Interestingly, a court in Hawaii has recently heard them all. And it found, after due deliberation, that they didn't hold water.
Here's a summary:
Marriage is an institution between one man and one woman. Well, that's the most often heard argument, one even codified in a recently passed U.S. federal law. Yet it is easily the weakest. Who says what marriage is and by whom it is to be defined? The married? The marriable? Isn't that kind of like allowing a banker to decide who is going to own the money in stored in his vaults? It seems to me that justice demands that if the straight community cannot show a compelling reason to deny the institution of marriage to gay people, it shouldn't be denied. And such simple, nebulous declarations, with no real moral argument behind them, are hardly compelling reasons. They're really more like an expression of prejudice than any kind of a real argument. The concept of not denying people their rights unless you can show a compelling reason to deny them is the very basis of the American ideal of human rights.
Same-sex couples aren't the optimum environment in which to raise children. That's an interesting one, in light of who society does allow to get married and bring children into their marriage. Check it out: murderers, convicted felons of all sorts, even known child molesters are all allowed to freely marry and procreate, and do so every day, with hardly a second thought, much less a protest, by these same critics. So if children are truly the priority here, why is this allowed? The fact is that many gay couples raise children, adopted and occasionally their own from failed attempts at heterosexual marriages. Lots and lots of scientific studies have shown that the outcomes of the children raised in the homes of gay and lesbian couples are just as good as those of straight couples. The differences have been shown again and again to be insignificant. Psychologists tell us that what makes the difference is the love and commitment of the parents, not their gender. The studies are very clear about that. And gay people are as capable of loving children as fully as anyone else.
Gay relationships are immoral. Says who? The Bible? Somehow, I always thought that freedom of religion implied the right to freedom from religion as well. The Bible has absolutely no standing in American law, as was made clear by the intent of the First Amendment (and as was very explicitly stated by the founding fathers in their first treaty, the Treaty of Tripoli, in 1791) and because it doesn't, no one has the right to impose rules anyone else simply because of something they percieve to be a moral injunction mandated by the Bible. Not all world religions have a problem with homosexuality; many sects of Buddhism, for example, celebrate gay relationships freely and would like to have the authority to make them legal marriages. In that sense, their religious freedom is being infringed. If one believes in religious freedom, the recognition that opposition to gay marriage is based on religious arguments is reason enough to discount this argument.
Marriages are for procreation and ensuring the continuation of the species. The proponents of this argument are really hard pressed to explain, if that's the case, why infertile couples are allowed to marry. I, for one, would love to be there when the proponent of such an argument is to explain to his post-menopausal mother or impotent father that since they cannot procreate, they must now surrender their wedding rings and sleep in separate bedrooms. That would be fun to watch! Again, such an argument fails to persuade based on the kinds of marriages society does allow routinely, without even a second thought, and why it really allows them - marriage is about love, sharing and commitment; procreation is, when it comes right down to it, in reality a purely secondary function.
The proponents of the procreation and continuation-of-the-species argument are going to have a really hard time persuading me that the human species is in any real danger of dying out anytime soon through lack of reproductive success.
If ten percent of all the human race that is gay were to suddenly, totally refrain from procreation, I think it is safe to say that the world would probably be significantly better off. One of the world's most serious problems is overpopulation and the increasing anarchy and human misery that is resulting from it. Seems to me that gays would be doing the world a really big favor by not bringing more hungry mouths into a world that is already critically overburdened ecologically by the sheer number of humans it must support. So what is the useful purpose to be served in mindlessly encouraging yet more human reproduction?
Same-sex marriage would threaten the institution of marriage. Well, that one's contradictory right on the face of it. Threaten marriage? By allowing people to marry? That doesn't sound very logical to me. If you allow gay people to marry each other, you no longer encourage them to marry people to whom they feel little attraction, with whom they most often cannot relate adequately sexually, bringing innocent children into already critically stressed marriages. By allowing gay marriage, you would reduce the number of opposite-sex marriages that end up in the divorce courts. If it is the stability of the institution of heterosexual marriage that worries you, then consider that no one would require you or anyone else to participate in a gay marriage. You would still have freedom of choice, of choosing which kind of marriage to participate in -- something more than what you have now. And speaking of divorce -- to argue that the institution of marriage is worth preserving at the cost of requiring involuntary participants to remain in it is a better argument for reforming divorce laws than proscribing gay marriage.
Marriage is traditionally a heterosexual institution. This is morally the weakest argument. Slavery was also a traditional institution, based on traditions that went back to the very beginnings of human history - further back, even, than marriage as we know it. But by the 19th century, humanity had generally recognized the evils of that institution, and has since made a serious effort to abolish it. Why not recognize the truth -- that there is no moral ground on which to support the tradition of marriage as a strictly heterosexual institution, and remove the restriction?
Same-sex marriage is an untried social experiment. The American critics of same-sex marriage betray their provincialism with this argument. The fact is that a form of gay marriage has been legal in Denmark since 1989 (full marriage rights except for adoption rights and church weddings, and a proposal now exists in the Danish parliament to allow both of those rights as well), and most of the rest of Scandinavia from not long after. Full marriage rights have existed in many Dutch cities for several years, and it was recently made legal nationwide, including the word "marriage" to describe it. In other words, we have a long-running "experiment" to examine for its results -- which have uniformly been positive. Opposition to the Danish law was led by the clergy (much the same as in the States). A survey conducted at the time revealed that 72 percent of Danish clergy were opposed to the law. It was passed anyway, and the change in the attitude of the clergy there has been dramatic -- a survey conducted in 1995 indicated that 89 percent of the Danish clergy now admit that the law is a good one and has had many beneficial effects, including a reduction in suicide, a reduction in the spread of sexually transmitted diseases and in promiscuity and infidelity among gays. Far from leading to the "destruction of Western civilization" as some critics (including the Southern Baptist, Mormon and Catholic churches among others) have warned, the result of the "experiment" has actually been civilizing and strengthening, not just to the institution of marriage, but to society as a whole. So perhaps we should accept the fact that someone else has already done the "experiment" and accept the results as positive. The fact that many churches are not willing to accept this evidence says more about the churches than it does about gay marriage.
Same-sex marriage would start us down a "slippery slope" towards legalized incest, bestial marriage, polygamy and all kinds of other horrible consequences. A classic example of the reductio ad absurdum fallacy, it is calculated to create fear in the mind of anyone hearing the argument. It is, of course, absolutely without any merit based on experience. If the argument were true, wouldn't that have already happened in countries where forms of legalized gay marriage already exist? Wouldn't they have 'slid' towards legalized incest and bestial marriage? The reality is that a form of gay marriage has been legal in Scandinavian countries for over many years, and no such legalization has happened, nor has there been a clamor for it. It's a classic scare tactic - making the end scenario so scary and so horrible that the first step should never be taken. Such are the tactics of the fear and hatemongers.
If concern over the "slippery slope" were the real motive behind this argument, the advocate of this line of reasoning would be equally vocal about the fact that today, even as you read this, convicted murderers, child molesters, known pedophiles, drug pushers, pimps, black market arms dealers, etc., are quite free to marry, and are doing so. Where's the outrage? Of course there isn't any, and that lack of outrage betrays their real motives. This is an anti-gay issue and not a pro marriage issue.
Granting gays the right to marry is a "special" right. Since ninety percent of the population already have the right to marry the informed, consenting adult of their choice, and would even consider that right a fundamental, constitutionally protected right, since when does extending it to the remaining ten percent constitute a "special" right to that remaining ten percent? As Justice Kennedy observed in his opinion overturning Colorado's infamous Amendment 2 (Roemer vs. Evans), many gay and lesbian Americans are, under current law, denied civil rights protections that others either don't need or assume that everyone else along with themselves, already have. The problem with all that special rights talk is that it proceeds from that very assumption, that because of all the civil rights laws in this country that everyone is already equal, so therefore any rights gay people are being granted must therefore be special. That is most assuredly not the case, especially regarding marriage and all the legal protections that go along with it.
Sodomy should be illegal and was until very recently. Ah, the ol' sodomy law argument! Why was sodomy illegal in so many states for so long? Because conservative religionists (at whose behest those laws were enacted in the first place) historically blocked or vigorously resisted attempts to repeal them in every state, and were horrified when the U.S. Supreme Court recently overturned the ones that remained.
Indeed, those laws were very rarely enforced (though it did happen), yet there was very stiff and angry opposition to their repeal. Why? Because they were a great tool for a homophobe to use as a basis for legalized discrimination. "Why should I rent an apartment to you, an unconvicted felon?" "I can't have an admitted criminal on my staff." "You're an unconvicted felon. I want you out of my restarurant and off my property." "I don't want you around my children. You're a sex offender!" These were very real, actual arguments that were used frequently as a basis for legalized discrimination, using largely unenforced sodomy laws. So even though this particular moral crusade of the religionists using the power of the police has ended, at least for now, the sodomy laws that made them possible are still being pushed, and pushed hard. Crass politicians, including even president George W. Bush, see votes in homophobia, and continue to push for sodomy law reinstatement as a means of securing those votes. And such laws, which have thoroughly discriminatory effects by intention, will likely will be advocated for as long as politicians see votes in allowing conservative religionists to impose their morality on others, regardless of the violence this does to the intent of the Bill of Rights.
Heterosexuals would never stand for such intrusion into their private sex lives, of course, but the homophobes among them seem to see nothing wrong in using the power of the state to enforce their prejudices. State court systems, however, long ago began to see the violation of the Fourth Amendment in such laws, and nearly as many state sodomy laws were overturned as unconstitutional by state supreme courts as were repealed by state legislatures, before the recent U.S. Supreme Court in Lawrence vs. Texas decision which very pointedly overturned all that remained.
Gay marriage would mean forcing businesses to provide benefits to same-sex couples on the same basis as opposite-sex couples. While this may or may not be true (based primarily on state labor laws), the reality is that many businesses already do offer these benefits to gay couples, and for sound business reasons. And experience has shown that when they do, the effect on their costs for offering these benefits is minimal - very rarely does the cost of benefits offered to gay couples cause the business' benefits costs to rise by more than 1.5%. This trivial cost is usually far more than offset by the fact that the company is seen as being progressive for having offered these benefits - making its stock much more attractive to socially progressive mutual funds and rights-conscious pension funds and individual investors, and thus increasing upwards pressure on its price. This is why so many corporations, including most of the Fortune 500, already offer these benefits without being required to do so - it's just good business sense.
Gay marriage would force churches to marry gay couples when they have a moral objection to doing so. This argument, usually advanced by churches that oppose gay marriage, is simply not true. There is nothing in any marriage law, existing or proposed, anywhere in the United States, that does or would have the effect of requiring any church to marry any couple they do not wish to marry. Churches already can refuse any couple they wish, and for any reason that suits them, which many often do, and that would not change. Some churches continue to refuse to marry interracial couples, others interreligious couples, and a few refuse couples with large age disparities and for numerous other reasons. Gay marriage would not change any church's right to refuse to sanctify any marriage entirely as they wish - it would simply offer churches the opportunity to legally marry gay couples if they wish, as some have expressed the desire to do - the freedom of religion would actually be expanded, not contracted.
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The real reasons people oppose gay marriage
So far, we've examined the reasons everyone talks about for opposing gay marriage. Now, let's examine now the real reasons, deep down inside, that people oppose it, hate it, even fear it:
Just not comfortable with the idea. The fact the people aren't comfortable with the idea stems primarily from the fact that for many years, society has promoted the idea that a marriage between members of the same sex is ludicrous, mainly because of the objections raised above. But if those objections don't make sense, neither does the idea that gay marriage is necessarily ludicrous. Societies have long recognized that allowing civil rights to certain groups may offend some, and at times, even the majority. But that is why constitutional government was established -- to ensure that powerless, unpopular minorities are still protected from the tyranny of the majority. Simple discomfort with a proposal is no reasonable basis for not allowing it - how many Southern whites were once uncomfortable with allowing blacks to ride in the front of the bus, or allowing black children to attend the same schools as their own, or drink at the same drinking fountain? Half a century ago, those ideas were just as unthinkable - yet nowadays, hardly anybody sees them as a problem, seeing the fears as nothing more than racism, pure and simple.
It offends everything religion stands for. Whose religion? Many mainstream Christian denominations, to be sure, and definitely most branches of Islam and Orthodox Judaism, but outside those, most religions are unopposed to gay marriage, and many actually favor it. When the Mormon church arrogantly claimed to represent all religions in the Baehr vs. Lewin trial in Hawaii, the principal Buddhist sect in that state made it very clear that the Mormon church didn't represent them, and made it very clear that they support the right of gay couples to marry. That particular Buddhist sect claims many more members in Hawaii than does the Mormon church. In a society that claims to offer religious freedom, the use of the power of the state to enforce private religious sensibilities is an affront to all who would claim the right to worship according to the dictates of their own conscience.
Marriage is a sacred institution. This is, of course, related to the motive above. But it is really subtly different. It's based on the assumption that the state has the responsibility to "sanctify" marriages - a fundamentally religious idea. Here we're dealing with people trying to enforce their religious doctrines on someone else, but by doing it through weakening the separation of church and state, by undermining the Bill of Rights. Not that there's anything new about this, of course. But the attempt itself runs against the grain of everything the First Amendment stands for - one does not truly have freedom of religion if one does not have the right to freedom from religion as well. It would seem to me that anyone who feels that the sanctity of their marriage is threatened by a gay couple down the street having the right to marry, is mighty insecure about their religion and their marriage anyway.
Gay sex is unnatural. This argument, often encoded in the very name of sodomy statutes ("crime against nature"), betrays a considerable ignorance of behavior in the animal kingdom. The fact is that among the approximately 1500 animal species whose behavior has been extensively studied, homosexual behavior in animals has been described in at least 450 of those species. It runs the gamut, too, ranging from occasional displays of affection to life-long pair bonding including sex and even adopting and raising orphans, going so far as the rejection by force of potential heterosexual partners, even when in heat. The reality is that it is so common that it begs an explanation, and sociobiologists have proposed a wide variety of explanations to account for it. The fact that it is so common also means that it clearly has evolutionary significance, which applies as much to humans as it does to other animal species.
Making love to another man betrays everything that is masculine. Well, I've known (and dated) plenty of very masculine gay men in my day, including champion bull-riding rodeo cowboys and a Hell's Angel biker type, who, if you suggested he is a limp-wristed fairy, would likely rip your head off and hand it to you. There was a long-honored tradition of gay relationships among the tough and macho cowboys of the Old West, and many diaries still exist detailing their loving and tender relationships out on the range, and the many sacrifices they made for each other. Plenty of masculine, respected movies stars are gay - indeed, Rock Hudson was considered the very archtype of a masculine man. Came as quite a shock to a lot of macho-men to find out he was gay! So what's wrong with all these kinds of men expressing love for each other? Why is that so horrible about it? A society that devalues love devalues that upon which civilized society itself is based - love and commitment.
The core fear here is the fear of rape and a loss of control or status as a masculine man. This is instinctual and goes right to the core of our being as primates. If you examine what happens in many animal species, especially displays of dominance in other primate species, dominance displays often have sexual overtones. When, for example, in many species of primates, a subordinate male is faced with aggression by a dominant male, the dominant male will bite the subordinate, causing him to squeal in pain, drop the food or the female and present his rump. This is an act of submission, and it is saying to the whole troupe that the subordinate is just that - subordinate.
This happens in humans just as it does in other primates. It is the cause of homosexual rape in prisons. Homosexual intercourse in prisons is not an act of sex as much as it is an expression of dominance and a means of control. Nearly all of the men who aggressively rape other men in a prison setting actually revert to (often promiscuous) heterosexual sex once they're on the outside.
So is this something straight men should fear from gay men? Well, you can relax, all you straight guys. You've nothing to worry about. The vast majority of gay men prefer sex in the same emotional setting most of you do - as a part of the expression of mutual love, affection and commitment. We're not out to rape you or force you into a subordinate position. The majority of gay men don't want sex with you because we're looking for the same thing in a sexual relationship that you look for - the love and affection of a devoted partner. Since we're not likely to get that from you, you're not desirable to us and you have nothing to fear from us. The small minority of us (and it's a very small minority - less than 3%) who do enjoy sex with straight men understand your fears and are not going to have sex with you unless it's clearly and completely understood on both sides to be on a peer-to-peer basis and your requirement for full and complete consent and need for discretion is honored.
The thought of gay sex is repulsive. Well, it will come as some surprise to a lot of heterosexuals to find out that, to a lot of gays, the thought of heterosexual sex is repulsive! But does that mean the discomfort of some gays to heterosexual couples should be a reason to deny heterosexuals the right to marry? I don't think so, even though the thought of a man kissing a woman is rather repulsive to many homosexuals! Well then, why should it work just one way? Besides, the same sexual practices that gays engage in are often engaged in by heterosexual couples anyway - prompting the ever-popular gay T-shirt: "SO-DO-MY -- SO DO MY neighbors, SO DO MY friends."
They might recruit. The fear of recruitment is baseless because it is based on a false premise - that gay people recruit straight people to become gay. We don't. We don't recruit because we know from our own experience that sexual orientation is inborn, and can't be changed. Indeed, the attempts by psychologists, counselors and religious therapy and support groups to change sexual orientation have all uniformly met with failure - the studies that have been done of these attempts at "therapeutic" intervention have never been shown to have any statistically significant results in the manner intended, and most have been shown to have emotionally damaging consequences. So the notion that someone can be changed from straight to gay is just as unlikely. Yet there remains that deep, dark fear that somehow, someone might get "recruited." And that baseless fear is often used by bigots to scare people into opposing gay rights in general, as well as gay marriage.
The core cause of this fear is the result of the fact that many homophobes, including most virulent, violent homophobes are themselves repressed sexually, often with same sex attractions. One of the recent studies done at the University of Georgia among convicted killers of gay men has shown that the overwhelmingly large percentage of them (more than 70%) exhibit sexual arousal when shown scenes of gay sex. The core fear, then, for the homophobe is that he himself might be gay, and might be forced to face that fact. The homophobia can be as internalized as it is externalized - bash the queer and you don't have to worry about being aroused by him.

The opposition to gay marriage stems ultimately from a deep-seated homophobia in American culture, borne out of religious prejudice. While many Americans do not realize that that homophobia exists to the extent that it does, it is a very real part of every gay person's life, just like racism is a very real part of every black person's life. It is there, it is pervasive, and it has far more serious consequences for American society than most Americans realize, not just for gay people, but for society in general.
Why This Is A Serious Civil Rights Issue
When gay people say that this is a civil rights issue, we are referring to matters of civil justice, which often can be quite serious - and can have life-damaging, even life-threatening consequences.
One of these is the fact that in most states, we cannot make medical decisions for our partners in an emergency. Instead, the hospitals are usually forced by state laws to go to the families who may have been estranged from us for decades, who are often hostile to us, and can and frequently do, totally ignore our wishes regarding the treatment of our partners. If a hostile family wishes to exclude us from the hospital room, they may legally do so in most states. It is even not uncommon for hostile families to make decisions based on their hostility -- with results consciously intended to be as inimical to the interests of the patient as possible! Is this fair?
Upon death, in many cases, even very carefully drawn wills and durable powers of attorney have proven to not be enough if a family wishes to challenge a will, overturn a custody decision, or exclude us from a funeral or deny us the right to visit a partner's hospital bed or grave. As survivors, estranged families can, in nearly all states, even sieze a real estate property that a gay couple may have been buying together for many years, quickly sell it at the largest possible loss, and stick the surviving partner with all the remaining mortgage obligations on a property that partner no longer owns, leaving him out on the street, penniless. There are hundreds of examples of this, even in many cases where the gay couple had been extremely careful to do everything right under current law, in a determined effort to protect their rights. Is this fair?
If our partners are arrested, we can be compelled to testify against them or provide evidence against them, which legally married couples are not forced to do. In court cases, a partner's testimony can be simply ruled irrelevant as heresay by a hostile judge, having no more weight in law than the testimony of a complete stranger. If a partner is jailed or imprisoned, visitation rights by the partner can, in most cases, can be denied on the whim of a hostile family and the cooperation of a homophobic judge, unrestrained by any law or precedent. Conjugal visits, a well-established right of heterosexual married couples in some settings, are simply not available to gay couples. Is this fair?
These are far from being just theoretical issues; they happen with surprising frequency. Almost any older gay couple can tell you numerous horror stories of friends and acquaintences who have been victimized in such ways. One couple I know uses the following line in the "sig" lines on their email: "...partners and lovers for 40 years, yet still strangers before the law." Why, as a supposedly advanced society, should we continue to tolerate this kind of injustice?
These are all civil rights issues that have nothing whatsoever to do with the ecclesiastical origins of marriage; they are matters that have become enshrined in state laws by legislation or court precedent over the years in many ways that exclude us from the rights that legally married couples enjoy and even consider their constitutional right. This is why we say it is very much a serious civil rights issue; it has nothing to do with who performs the ceremony, whether it is performed in a church or courthouse or the local country club, or whether an announcement about it is accepted for publication in the local newspaper.
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Why Does Conservative Politics Find Gay Marriage So Deeply Threatening?
As George Lakoff, in his excellent book, "Moral Politics" points out, conservatism is based on a "strict father" metaphor of morality, in which a wise father (church or political leader) sets the rules, and the children (the people) are disciplined to comply, thereby gaining self discipline, and with it, autonomy and self-sufficiency. For a complete understanding of this metaphor, which is beyond the scope of this essay, I would refer readers to Lakoff's book, but inclusive in that metaphor is a set of moral boundaries established by the "strict father," who is, in this case, the moral authorities of the church and the political system working in concert. These moral boundaries exist in society, in the conservative's view, not just to keep people on the straight and narrow path to autonomy and self sufficiency, but primarily to maintain social order and discipline, and that is their primary purpose. Compliance to the established moral boundaries implies acceptance of the legitimacy of the moral authority figures who established them, and it is this acceptance of the legitimacy of this moral authority that is viewed as the very basis of social order. Hence there is a deep investment in the legitimacy of the moral authority, often presumed to be none other than God himself.
Therefore, someone who moves off the sanctioned paths is doing something much more than just acting immorally; he is rejecting the goals of the society in which he lives; he is calling into question the purposes that govern most peoples' lives, but he is also doing something even much more threatening: By deviating from the standard, ordained "path," he is showing people that other paths are possible, and that those other paths may not neccessarily be unsafe to tread upon, nor is society harmed by his actions.
By so doing, he calls into question the legitimacy of the moral boundaries he has violated, and hence, the competence and legitimacy of the moral authorities who established them. Since moral boundaries are the very essence of conservative politics, the very basis of conservatism itself is brought under implied threat.
As serious as that is, the threat goes beyond even that: When the "deviant" treads his forbidden path, and not only gets away with it, but ends up living a happy, fulfilled and contented life with no harm done to himself or society, the conservative himself feels cheated, in having observed a set of boundaries which have proven to be unneccessary and arbitrary. And in doing so, he feels cheated of his own freedom of action, even if he had not himself bumped up against those particular boundaries. The conservative thereby feels he is being implicitly invited to abandon those moral boundaries and join the "deviant" in accepting increased freedom by rejecting moral authority. Fear that others may reject these apparently arbitrary moral boundaries, and hence question those who decreed them, and cause society to fall apart, is the reason for the conservatives' deep paranoia about the mythical "gay recruiting" and the equally mythical "gay agenda." Hence, conservatives have a deep emotional investment in keeping gays repressed through the maintenance of this particular set of moral boundaries, just as they did in maintaining their moral boundaries underlying racial segregation in the Deep South a generation ago and slavery a century before that.
How then should conservatism, as a political movement and a way of life, come to grips with the reality of gay marriage? In precisely the same way that it has come to grips with its errors with regards to racial segregation: own up to its mistake, and simply expand its moral boundaries to include gays and gay marriage. Just as most older conservatives now acknowledge that they once erred in "keeping blacks in their place," they should make the same acknowledgement for gays and their right to marry, and live happy, open and contented lives in each other's arms, without fear or discrimination - that gays are just as entitled to the equal protection of the law as anyone else, and the 14th Amendment to the U.S. constitution means what it says and applies to gays as well. No "slippery slopes," no "slouching towards Gomorrah", no "end of civilization as we know it"; just freedom, liberty and justice for all.

1.3.06

ΑΝΑΘΕΩΡΗΣΗ ΤΟΥ ΣΥΝΤΑΓΜΑΤΟΣ. ΑΛΛΗ ΜΙΑ ΙΣΤΟΡΙΑ ΓΙΑ ΕΤΕΡΟΦΥΛΟΦΙΛΟΥΣ;

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Με την ελπίδα να μην εξελιχθεί η επικείμενη αναθεώρηση του Συντάγματος σε μια ακόμη ιστορία αποκλεισμού των ομοφυλόφιλων πολιτών αυτής της χώρας, σας παροτρύνουμε να λάβετε μέρος ενεργά στη συζήτηση σχετικά με τον γάμο ομοφύλων που διεξάγεται από προχθές στο www.anatheorisi.org, απ’ όπου αναδημοσιεύουμε το εξαιρετικά ενδιαφέρον εισαγωγικό κείμενο της κας Λίνας Παπαδοπούλου.
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Γάμος ομοφύλων …αλά ελληνικά;
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Α. Η αποδόμηση ενός παμπάλαιου ορισμού
Γάμος είναι η «ένωσις ανδρός και γυναικός και συγκλήρωσις του βίου παντός, θείου τε και ανθρωπίνου δικαίου κοινωνία», σύμφωνα με τον κλασικό ορισμό του νομοδιδασκάλου του Ρωμαϊκού δικαίου, Μοδεστίνου.
Τα περισσότερα από τα συστατικά στοιχεία του ορισμού αυτού επιβίωσαν στους αιώνες, για να αποδομηθούν το ένα μετά το άλλο κατά τη διάρκεια του 20ου αιώνα: αμφισβητήθηκε καταρχάς η δια παντός «συγκλήρωσις» του βίου, καθώς επιτράπηκε το διαζύγιο. Όσο και αν η ένωση των δύο βίων γινόταν δια θείου μυστηρίου, η αναγνώριση δυνατότητας λύσης του γάμου ήταν αναπόφευκτη προκειμένου ο θεσμός προσαρμοστεί στις πραγματικές κοινωνικές ανάγκες και να επιβιώσει. Κατά δεύτερο λόγο, αμφισβητήθηκε η φύση του ως «θείου δικαίου κοινωνία». Ο θετικισμός και o κοσμικός χαρακτήρας του κράτους, παρακολούθημα του διαφωτισμού και του ορθού λόγου, οδήγησαν σταδιακά στην αποθρησκειοποίηση του γάμου. Ο τελευταίος αποτελεί κυρίως μια σύμβαση του αστικού δικαίου με έντονα τα προσωπικά στοιχεία, και γιαυτό διαφορετική από τις υπόλοιπες αστικές συμβάσεις, αλλά με κύρια χαρακτηριστικά την ελεύθερη βούληση σύναψής της και τη δυνατότητα λύσης της. Ο θρησκευτικός χαρακτήρας του γάμου επιβιώνει σε όλες τις θρησκείες, ένα κοσμικό και θρησκευτικά ουδέτερο συνταγματικό κράτος, ωστόσο, οφείλει να συνδέει τις νομικές συνέπειες του γάμου με την πολιτική, δηλ. νομική και όχι θρησκευτική, σύναψή του.
Το τελευταίο στοιχείο που έρχεται να αφαιρεθεί από τον ορισμό –και έχει ήδη αφαιρεθεί σε κάποιες χώρες, όπως η Ολλανδία και το Βέλγιο, είναι η διαφορετικότητα των φύλων: η αστική σύμβαση του γάμου έχει καταστεί στις χώρες αυτές ανεξάρτητη από το φύλο των συμβαλλομένων μερών, όπως και κάθε άλλη εξάλλου αστική σύμβαση, εξέλιξη που συναντά ολοένα και περισσότερους υποστηρικτές αλλά και ορκισμένους εχθρούς. Το ζήτημα έχει αναχθεί σε προμετωπίδα του πολιτικού φιλελευθερισμού και εξισωτισμού και σε αιχμή του δόρατος εναντίον των φιλελεύθερων ιδεών για τους νεοσυντηρητικούς κύκλους. Γιατί όμως? Ποια είναι τα ψυχολογικά, κοινωνιολογικά, κυρίως όμως δικαιοπολιτικά επιχειρήματα που χρησιμοποιούν οι υποστηρικτές και οι πολέμιοι της αναγνώρισης του γάμου ομοφύλων αντίστοιχα;[1]
Β. Το ουράνιο τόξο των απόψεων
Ας εξετάσουμε σχηματικά μεν αλλά κριτικά την παλέτα των απόψεων που μπορούν να υποστηριχθούν σχετικά με την αναγνώριση γάμου ομοφύλων ξεκινώντας από την πλέον συντηρητική και φτάνοντας στην πλέον φιλελεύθερη:
1. Η ιερότητα του (ετερόφυλου) γάμου και η απαγόρευση νομιμοποίησης της «ανωμαλίας»
Η άποψη αυτή ξεκινάει από την ανθρωπολογικής υφής παρατήρηση ότι η ομοφυλοφιλία είναι «παρά φύση» και «ανωμαλία», καθώς δεν συναντάται στη φύση, και άρα θα έπρεπε να απαγορεύεται, ή πάντως, στην ήπια εκδοχή της άποψης αυτής, να μην αναγνωρίζεται κοινωνικά, πολλώ δε μάλλον νομικά. Η αναγνώρισή της –προστίθεται το επιχείρημα- θα πολλαπλασίαζε τα… «κρούσματα» και το… «κουσούρι» θα εξαπλωνόταν σαν άλλη χολέρα.Πρόκειται για την πλέον αντιδραστική άποψη, συνδεόμενη με ηθικολογικές και θρησκευτικές αξιωματικές παραδοχές, η οποία δεν μπορεί να αντισταθεί σε κριτική ορθού λόγου. Κι αυτό γιατί: πρώτον, η ομόφυλη σεξουαλική συμπεριφορά απαντάται και στα ζώα, άρα είναι «φυσική», δεύτερον, τι σημασία έχει ακόμη και αν δεν είναι «φυσική», μήπως δεν είναι «παρά φύση» όλος ο πολιτισμός, τόσο ο διανοητικός, καλλιτεχνικός (culture), όσο και ο τεχνικός (civilization)? Οδηγεί η «παρά φύση»…φύση τους σε απαγόρευση κοινωνικής αποδοχής και νομικής αναγνώρισης της ύπαρξής τους; Ο δε ιερός χαρακτήρας του γάμου με θρησκευτικούς όρους δεν αφορά μια κοσμική Πολιτεία, παρά μόνον ένα θεοκρατικό κράτος. Τέτοιο όμως δεν μπορεί να είναι το συνταγματικό κράτος και μάλιστα μιας πολυπολιτισμικής, δομημένης στα διδάγματα του διαφωτισμού κοινωνίας.
Όσο για το φόβο της εξάπλωσης του… ιού, πρόκειται για τη μεγαλύτερη παραδοχή, που ούτε οι φανατικοί υπέρμαχοι της ομοφυλοφιλίας ως ερωτικής επιλογής δεν θα τολμούσαν να αρθρώσουν, ότι δηλαδή όλοι, ή, έστω, οι περισσότεροι άνθρωποι μέσα σε συνθήκες ίσης και απροκατάληπτης αντιμετώπισης των ερωτικών επιλογών θα επέλεγαν την ομοφυλοφιλία ή πάντως την αμφιφυλοφιλία. Η κυριαρχία της αμφιφυλοφιλίας επιβεβαιώνεται μεν από κάποιες ψυχαναλυτικές προσεγγίσεις και εμπειρικά σε κάποιους πολιτισμούς (ας σκεφτούμε την αρχαία Αθήνα), αλλά αυτό σημαίνει ότι επιλέγεται η καταπίεση της «φύσης» του ανθρώπου, και άρα το συνολικό επιχείρημα περί «παρά φύση» σεξουαλικότητας υποσκάπτει εαυτό.
2. Νομική αναγνώριση ναι, γάμος όχι!
Είτε μας αρέσει είτε όχι, η ομοφυλοφιλία υπάρχει και πρέπει να δεχόμαστε τους ανθρώπους με τα… «κουσούρια» τους, εξάλλου όλοι τέκνα του θεού είμαστε, άρα… ας αναγνωρίσουμε κάποιες νομικές συνέπειες σε μακρόχρονες σχέσεις ομοφύλων, που τους συνδέει η αγάπη, η συντροφικότητα, ο έρωτας. Εξάλλου, είναι κρίμα άνθρωποι που έζησαν μαζί για χρόνια, να μην μπορούν να επισκέπτονται ο ένας τον άλλον στο νοσοκομείο, λόγω έλλειψης συγγένειας, να μην μπορούν να κληρονομούν ο ένας τον άλλο, να μοιράζονται τα αποκτήματα και την περιουσία, κατά τη διάρκεια ή μετά το πέρας της συμβίωσης. Εξάλλου, είναι καλύτερο να ενθαρρύνονται οι μακρόχρονες σχέσεις, από το να ωθούνται οι ομοφυλόφιλοι σε ευκαιριακές συνευρέσεις.
Η άποψη αυτή παρουσιάζεται πιο φιλελεύθερη, καθώς αναγνωρίζει την ερωτική διαφορετικότητα, επιμένει ωστόσο στον ορισμό του γάμου ως ένωση ενός «άνδρα και μιας γυναίκας». Ο λόγος; Επειδή κάθε άλλο ζεύγος (άνδρας-άνδρας, γυναίκα-γυναίκα) δεν μπορεί να τεκνοποιήσει. Αυτό είναι αλήθεια. Ωστόσο: αποτελεί η επιθυμία ή ικανότητα τεκνοποίησης τυπική ή ουσιαστική προϋπόθεση σύναψης γάμου; Καλούνται οι μελλόνυμφοι να υπογράψουν σχετικά ρητή υποχρέωση και τελεί ο γάμος υπό τη διαλυτική αίρεση της απόκτησης κοινών τέκνων; Όχι βέβαια! Γιατί τότε να αποκλείονται μόνον οι ομόφυλοι από τη σύναψη γάμου και όχι π.χ. και οι (λόγω προβλημάτων υγείας ή ηλικίας) ανίκανοι προς τεκνοποίηση; Θα μπορούσε να αναγνωρίζεται –και σύμφωνα με μια άποψη έτσι είναι- ως οικογένεια μόνον η σχέση μεταξύ γονιών (ή γονέα) και κοινού τους τέκνου, αλλά αυτό δεν αφορά τη σύμβαση του γάμου. Ο τελευταίος στηρίζεται στην κοινή βούληση γέννησης δικαιωμάτων και ανάληψης συγκεκριμένων υποχρεώσεων, ανάμεσα στις οποίες δεν είναι εκείνη της απόκτησης τέκνων, και ούτε θα μπορούσε να είναι, καθώς θα ερχόταν σε αντίθεση με το δικαίωμα ελεύθερης ανάπτυξης της προσωπικότητας των ατόμων.
3. Ναι στην θεσμοθέτηση γάμου ομοφύλων!
Ο γάμος αφορά στην ελεύθερη βούληση συμβίωσης δύο ανθρώπων που επιθυμούν να συνδέσουν τις ζωές τους, για όσο διάστημα τους ενώνουν δεσμοί αγάπης, έρωτα ή / και αλληλεγγύης, οι λόγοι δικοί τους και ανεξερεύνητοι, έτσι κι αλλιώς δεν εξετάζονται ούτε στον ετερόφυλο γάμο, μπορεί να είναι και για να… ενώσουν οι πατεράδες τους τα βασίλειά τους! Συνεπώς, μια τέτοια σχέση μπορεί να υπάρξει ανεξαρτήτως φύλου! Κάποιοι άνθρωποι σταθερά ή σε κάποια φάση της ζωής τους επιλέγουν ομόφυλο σύντροφο και αυτό σε τίποτε δεν διαφοροποιεί το συναίσθημά (ή μη), και πάντως την απόφασή τους, από εκείνους που προτιμούν ετερόφυλο.
Η αντίρρηση από το συντηρητικό οπλοστάσιο είναι ότι γάμος υπήρξε πάντα (βλ. ορισμό ρωμαϊκού δικαίου) ο ετερόφυλος (!) και δεν μπορούμε να αλλάξουμε τις… παραδόσεις! Εξάλλου, η συνταγματική κατοχύρωση του (αναγκαστικά ετερόφυλου) γάμου υποσκάπτεται από την αναγνώρισή του και σε… άλλους. Το επιχείρημα μοιάζει με αυτό που λέει ότι οι γυναίκες (κάποτε) και οι μετανάστες σήμερα δεν επιτρέπεται να αποκτήσουν δικαίωμα ψήφου, καθώς το Σύνταγμα το κατοχύρωνε μόνον για τους άρρενες Έλληνες πολίτες.
Είναι προφανές ότι η αναγνώριση περισσότερων δικαιούχων ενός δικαιώματος κάνει μια πολιτική πιο εξισωτική και αφαιρεί προνόμια από τους κατέχοντες το δικαίωμα. Οι αποκλεισμοί ωστόσο δεν μπορούν να χρησιμοποιηθούν ως… συνταγματικό επιχείρημα! Είναι απλώς πολιτικό, στο βαθμό που στηρίζεται και στηρίζει τους κοινωνικούς και πολιτικούς αποκλεισμούς. Η συμπεριληπτική ισότητα στην απόλαυση των δικαιωμάτων αποτελεί διακύβευμα και αιτούμενου του πολιτικού φιλελευθερισμού και ως τέτοιο είναι αναμενόμενο να συναντάει την αντίθεση των συντηρητικών ιδεών και ιδεοληψιών.
4. Και μια πρόταση δικαστικού ακτιβισμού
Δεν χρειάζεται καν να θεσμοθετηθεί γάμος ομοφύλων, πουθενά στο νόμο δεν αναφέρεται η διαφορά του φύλου ως προϋπόθεση σύναψης γάμου, αρκεί συνεπώς μια σύμφωνη με το Σύνταγμα ερμηνεία του νόμου για να συναφθεί γάμος ομόφυλων ατόμων. Η συνταγματική επιταγή αναγνώρισης γάμου ομοφύλων αποτελεί απόρροια της αρχής της ισότητας των φύλων στη σύγχρονη εκδοχή της: ισότητα φύλων δεν σημαίνει πλέον απλώς και μόνον οι γυναίκες να μην είναι κατώτερες από τους άνδρες, σημαίνει ότι το φύλο δεν μπορεί να θεωρείται καθοριστικό κριτήριο για τη γέννηση δικαιωμάτων, παρά μόνον εκεί όπου αυτά ανάγονται και συνδέονται με τις βιολογικές διαφορές. Αφού ο γάμος δεν προϋποθέτει τεκνοποιία, δεν ανάγεται σε βιολογικές διαφορές και άρα δεν μπορεί η σύναψή του να έχει ως τυπική προϋπόθεση το φύλο των συμβαλλομένων μερών. Το να μην μπορεί ο Α να συνάψει σύμβαση με τον Β λόγω του φύλου του συνιστά απαγορευμένη διάκριση λόγω φύλου, ακόμη και αν και η Γ δεν μπορεί να συνάψει γάμο με τη Δ, κατά τον ίδιο λόγο που συνιστούσε διάκριση λόγω φυλής η απαγόρευση σύναψης γάμου ενός μαύρου με μια λευκή (στην Αμερική του πρώτου μισού του 20ου αιώνα) ή ενός Γερμανού με μια Εβραία (στο τρίτο Ράιχ), παρότι αντίστοιχα απαγορευόταν και σε έναν λευκό να παντρευτεί μια μαύρη (και σε έναν Εβραίο μια Γερμανίδα). Το ότι δηλαδή η απαγόρευση ισχύει και για τα δύο φύλα δεν της αφαιρεί την έμφυλη διάσταση, όπως η απαγόρευση και στις δύο φυλές δεν αφαιρούσε τη διάσταση της ρατσιστικής διάκρισης.Η άποψη αυτή –νομικά άψογη- μπορεί να αντιμετωπιστεί μόνον με επιχειρήματα δημοκρατικής διαδικασίας και ιστορικής ερμηνείας των νόμων: ο ιστορικός νομοθέτης είχε στο νου του το γάμο ως ένωση ετεροφύλων και αυτό μόνον ο νομοθέτης και όχι ο δικαστής ή ο… δήμαρχος μπορεί να το αλλάξει. Και μια τέτοια αλλαγή, καθώς αγγίζει ζητήματα κοινωνικής ηθικής, πρέπει να αποτυπώνεται στην απόφαση του δημοκρατικά εκλεγμένου νομοθέτη, που απολαμβάνει αυξημένης νομιμοποίησης σε σχέση με το δικαστή. Το τελευταίο αυτό επιχείρημα είναι γνωστό και από άλλες περιπτώσεις, ανάγεται στη φύση και τη μορφή της δημοκρατίας, στη διαλεκτική σύνθεση των διαδικαστικά δημοκρατικών και ουσιαστικά δημοκρατικών αλλά ουσιαστικά αριστοκρατικών συστατικών της στοιχείων και είναι αντικείμενο άλλης εκτενούς συζήτησης…
Γ. Αντί επιλόγου… πολιτικός κατά νομικού λόγου και η … άρνηση του Λόγου!
Είναι προφανές ότι όλες οι παραπάνω απόψεις εκκινούν από βασικές παραδοχές που ανάγονται στην πολιτική άποψη και –συνειδητά ή ασυνείδητα- σε πολιτικές θεωρίες. Η υιοθέτηση της μιας ή άλλης από αυτές είναι συνεπώς περισσότερο θέμα ιδεολογικής τοποθέτησης. Η δογματική καθαρότητα της τελευταίας άποψης βρίσκει τα όριά της στην πολιτική μας προαντίληψη και προκατάληψη.
Ωστόσο, υπάρχει και κάτι πέραν του… Λόγου: υπάρχει η αγάπη που διατρέχει θρησκεία και πολιτική και τις ενώνει! Υπάρχει η αγάπη για τον άλλον και για τον Άλλον, όχι απλώς η ανοχή (tolerance) για το Διαφορετικό, αλλά η αποδοχή του ως κομμάτι μας, ως πλούτος, και άρα η συμπερίληψή του. Το αιτούμενο του πολιτικού φιλελευθερισμού για συμπεριληπτική, ολοένα διευρυνόμενη ισότητα στην απόλαυση των δικαιωμάτων, δεν στηρίζεται τόσο σε επιχειρήματα πολιτικής θεωρίας, όσο στην αγαπητική σχέση εαυτών προς αλλήλους. Ίσως γι αυτό οι πραγματικοί Χριστιανοί, περισσότερο και από τους αριστερούς, θα έπρεπε να στηρίζουν την αναγνώριση του γάμου ομοφύλων!
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*Η κ. Λίνα Παπαδοπούλου είναι λέκτωρ του Συνταγματικού Δικαίου στο τμήμα Νομικής του Α.Π.Θ., μέλος του Ινστιτούτου Επιμόρφωσης του Πα.Σο.Κ. και υπεύθυνη για κύκλους επιμόρφωσης σχετικά με τη Σ.Αναθεώρηση στη Β.Ελλάδα.

[1] Και εδώ μια εννοιολογική αποσαφήνιση: συζητούμε για γάμο ομοφύλων και όχι ομοφυλοφίλων. Οι ομοφυλόφιλοι μπορούν και σήμερα να συνάψουν γάμο μεταξύ τους, εφόσον είναι ετερό-φυλοι, ανήκουν δηλαδή σε διαφορετικά φύλα. Δεν απαιτείται να είναι και ετερο-φυλό-φιλοι, να κατευθύνουν δηλαδή τις ερωτικές τους προτιμήσεις με τρόπο σταθερό σε άτομα του αντίθετου φύλου. Με άλλα λόγια, ένας ομοφυλόφιλος άνδρας μπορεί να συνάψει γάμο με μια ομοφυλόφιλη γυναίκα. Κανένας έλεγχος της σεξουαλικότητας δεν γίνεται και δεν μπορεί βέβαια να γίνει, όπως δεν μπορεί να γίνει έλεγχος της συνείδησης, πολιτικής ή θρησκευτικής, παρά μόνον των εκδηλώσεών της, γιατί τόσο η ερωτική προτίμηση όσο και η συνείδηση ανάγονται στην εσώτερη σφαίρα του ατόμου και βέβαια (μπορούν να) μεταβάλλονται κατά τη διάρκεια της ζωής του.