John Wolfenden (Baron Wolfenden) Chairman of a ground-breaking study containing recommendations for laws governing sexual behaviour, published in 1957 by the Committee on Homosexual Offences and Prostitution in Great Britain, to become known as
The Wolfenden Report.
Historically, and because of religious belief and pressure, male homosexuality was punishable by death.
Even after death sentences were repealed, imprisonment and the loss of civil rights remained the punishments for male homosexuals.
Disregarding the conventional ideas of the day, the committee recommended that "homosexual behaviour between consenting adults in private should no longer be a criminal offence". The report added, "The law's function is to preserve public order and decency, to protect the citizen from what is offensive or injurious, and to provide sufficient safeguards against exploitation and corruption of others... It is not, in our view, the function of the law to intervene in the private life of citizens, or to seek to enforce any particular pattern of behaviour." The recommended age of consent was 21 (the age of majority in the UK then).
Religious admonitions against sexual relations between same-sex individuals (particularly men) long stigmatized such behaviour, but most legal codes in Europe were silent on the subject of homosexuality. The judicial systems of many predominantly Muslim countries invoked Islamic law (Sharīʿah) in a wide range of contexts, and many sexual or quasi-sexual acts including same-sex intimacy were criminalized in those countries with severe penalties, including execution.
Beginning in the 16th century, lawmakers in Britain began to categorize homosexual behaviour as criminal rather than simply immoral. In the 1530s, during the reign of Henry VIII, England passed the Buggery Act, which made sexual relations between men a criminal offense punishable by death. In Britain sodomy remained a capital offense punishable by hanging until 1861.
In 1885, Parliament passed an amendment sponsored by Henry Du Pré Labouchere, which created the offense of “gross indecency” for same-sex male sexual relations, enabling any form of sexual behaviour between men to be prosecuted (lesbian sexual relations — because they were unimaginable by male legislators — were not subject to the law). Likewise, in Germany in the early 1870s, when the country was integrating the civil codes of various disparate kingdoms, the final German penal code included Paragraph 175, which criminalized same-sex male relations with punishment including prison and a loss of civil rights.
Before the end of the 19th century there were scarcely any “movements” for gay rights. Homosexual men and women were given voice in 1897 with the founding of the Scientific-Humanitarian Committee (Wissenschaftlich-humanitäres Komitee; WhK) in Berlin. Their first activity was a petition to call for the repeal of Paragraph 175 of the Imperial Penal Code (submitted 1898, 1922, and 1925). The committee published emancipation literature, sponsored rallies, and campaigned for legal reform throughout Germany, as well as in The Netherlands and Austria, developing some 25 local chapters by 1922. Its founder was Magnus Hirschfeld, who in 1919 opened the Institute for Sexual Science (Institut für Sexualwissenschaft), which anticipated by decades other scientific centres (such as the Kinsey Institute for Research in Sex, Gender, and Reproduction, in the United States) that specialized in sex research.
Outside Germany, other organizations were also created. For example, in 1914 the British Society for the Study of Sex Psychology was founded by Edward Carpenter and Havelock Ellis for both promotional and educational purposes, and in the United States in 1924 Henry Gerber, an immigrant from Germany, founded the Society for Human Rights, which was chartered by the state of Illinois.
Despite the formation of such groups, political activity by homosexuals was generally not very visible. Indeed, gays were often harassed by the police wherever they congregated. World War II and its aftermath began to change that. The war brought many young people to cities and brought visibility to the gay community. In the United States this greater visibility brought some backlash, particularly from the government and police; civil servants were often fired, the military attempted to purge its ranks of gay soldiers (a policy enacted during World War II), and police vice squads frequently raided gay bars and arrested their clientele. However, there was greater political activity as well, aimed in large measure at decriminalizing sodomy.
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