Homosexuality

Names

Definitions

Male homosexuality was formerly called antiphysic sodomy , or uranism . This amalgam continued with regard to the relations with Enfant S, so that the homosexual masculines are sometimes suspected of Pédophilie. However, the modern Sexologie does not find at the homosexual masculines any tendency particular to pedophilia, by comparison with the men Hétérosexuels.

Homosexuality is not summarized with the only aspect of sexuality, with the Coït between people of the same sex. It is also and sometimes for certain people exclusively feelings or gestures. The American psychiatrist Judd Marmor suggested the following definition|date= October 26th, 2007 :

can be regarded as homosexual a person who, during her adult life:

proclamation a preference for people of her own sex;
érotiquement (sexually) is attracted by these people,
and usually has (but not necessarily) sexual relationships with one or more of these people.

One could thus define the homosexual person as " any individual whose orientation in love is related to a person of very the sexe". In Comprendre homosexuality , Marina Castañeda precise that should be made a distinction between which a psychologist will be able to define as homosexual, and what will make say to a person whom she is itself homosexual: thus, they are sometimes the only feelings for other people who import and an sex act can be considering only like one play, or conversely, some are not considered homosexual as long as they did not have a sexual relationship with a person of the same sex.

Among women, homosexuality is called Lesbianisme (or archaïquement saphism ); the two terms refer to the Greek poetess Sappho of the island of Lesbos, where it held a college of young girls, and of which poems impassioned towards his/her friends, and the life surrounded by other women were worth the reputation of homosexual to him. Formerly, one said Tribadisme , which comes from the Greek word tribein ( τρίβειν ), “to rub”; today this word means specific sexual practice.

In the language running, the gay name (or merry , Orthography standard with the Canada) generally indicates homosexual which assumes its sexual identity and asserts it (see Gay (homosexuality) ). In the same way among women one uses name lesbians (or merry ). However, these names seem to spread and become synonyms with whole share of the homosexual word (it).

Because of an often negative social perception of homosexuality, many minorisants terms, mockers, degrading or abusive were created to name the homosexual ones.

Etymology and semantic evolution

The French word homosexuality and its variation homosexual and homosexual were transposed at the 19th century, within the framework of the definition and the psychiatric classification of the sexual deviations, starting from the German words homosexual and Homosexualität forged in 1868 and 1869 by the Hungarian writer Karl-Maria Kertbeny within the framework very different from a claim of legalization of homosexuality. They associate a Greek Racine ( homo , “similar”) and a Latin Racine ( sexual ).

Before this date, the distinction of the various sexual practices regarded already as relevant the distinction homo/hétéro, and comprised many often close qualifiers to indicate very diverse practices. Some make a distinction between behavior active or passive, which was the case as of Antiquity, and remains still true today in many cultures, even of legislations|date= October 26th, 2007 . One raises, in French, the opposition guy or culist versus conist (e-e centuries) and at Charles Fourier (followed by Pierre Joseph Proudhon) the opposition unisexuel/bisexual.

The relations between people of the same sex saw passing the following words:

for the women, lesbian , saphist , tribade , Dyke , goudou , etc
for the men, cinaède , bardache , nice , giton , guy , sodomite , pederast , uranist , asshole , reversed , antiphysic , Fag , pedal , queer , aunt , insane , etc

Some of these words belong to the slang speech, others not. In the usual vocabulary, the English phrase gay took the step on other qualifiers to evoke homosexuality.

Nowadays, the word homosexuality left a medico-legal definition.

One often uses the word to speak about sexuality before the 19th century. This been the subject of a sharp debate. Certain historians support that it is an abuse the strictly contemporary relevance of the word, which leads to cant the debates on this question, obvious case when one wants to speak about the Homosexualité in Antiquity, and bringing sometimes to the misinterpretation.

Others retort that, although each culture approach the homosexuality in a different way, the basic phenomenon and the distinction between love of the same sex and love of the opposite sex always existed; it thus appears relevant to them to discuss the history of the orientation and the sexual practices by using the expressions homosexual , heterosexual , although the people concerned would not have recognized themselves like such.

History of homosexuality

Homosexuality in Antiquity

Certain companies préchrétiennes more or less showed tolerance or of acceptance with respect to the homoerotic practices . For much of them, these practices however were very codified socially, and any variation with respect to these standards badly was seen, even regarded as punishable. For example, in certain cities of the ancient Greece, the Pédérastie was practiced within the framework of the education of male teenagers, but in a very codified way generally. Thus, with Athens the partner of ripe age was to be active in the sexual relationship and the passive teenager, or else the relation was regarded as immoral.

In 342, the homosexual marriages are prohibited in the Roman Empire The August 6th 390, the Roman Emperor Théodose enacts a law condemning to the Bûcher the homosexual ones. The Roman Empire became Christian and relative freedom on the matter disappears.

In the Banquet of Plato, Aristophane tells that at the time of Zeus, there were three sexes: the Man, the Woman and the Androgyne. Moreover, the human form was that of a sphere with four hands, four legs and two faces, a single head and four ears, two sexes, etc the male was a child of the Sun, the female of the Ground, and the androgyne of the the Moon. Their force and their pride were immense and they were caught some to the gods. Zeus found a means of weakening them without killing them, not wanting to destroy the race as it had been able to do it with the Titans: it cut them into two. He then asked Apollon to turn over their face and to sew the belly and the navel on the side of the cut.

But each piece, regretting its half, tried to be linked with it: they intertwined while wishing to merge and died of hunger and inaction. Zeus thus decided to move the sexual organs in front of the body. Thus, whereas the human ones emerged before from the ground, a mutual production was possible by the coupling of a man and a woman. Then, the men who loved the women and the women who love the men (halves of androgynes) would allow the perpetuity of the race. However, graeco-latin mythology contains few accounts on homosexuality including heroes or gods. Some of these accounts|date= October 26th, 2007 make state of suicide of young people having had the impression to be " souillés" , after violatebeing violated by men. The socially acceptable behavior was relatively dinstingué of the religion, even if religious reasons were called upon|date= October 26th, 2007 to justify and encourage these practices.

It is also noted that several ancient companies, like Greece and Japan, encouraged the creation of homosexual bonds in certain army corps between experienced combatants and their disciple. It was thought whereas two men in love would fight with more determination and a greater morals. The Bataillon crowned of Thèbes constitutes a traditional example of military force built on this belief.

One finds in the Antiquity of the discussions|date= October 26th, 2007 on the relations between of the same animals sex, which lets think that the concept of homosexuality was known the Old ones.

Repression with the Middle Ages in Europe

In spite of the tolerance of the Germanic people - the cruel laws of the Early middle ages do not refer any to homosexuality since it is integrated into their culture - in the Christian company of the Moyen-âge and until the end of the Ancien Mode, homosexuality was liable to the Capital punishment in France and England and in the majority of the European States .

At the 6th century, of crime against the Dignity, homosexuality becomes a crime against the natural Ordre defined by God and being able to carry out until the Bûcher. During all Middle Ages, the homosexuality, considered as a Heresy, is fought, in particular by the Inquisition, under the name of Bougrerie; reciprocally, certain heretics, the such Cathares are accused of bougrery, with the pretext which their preachers go by two of the same sex.

Torture S inflicted with homosexual (enacted Laws on October 26th 1260 with Orleans):

Lights

Time of the Lights, Montesquieu, then Voltaire and Beccaria were questioned|date= October 26th, 2007 on the severity of the sorrow but do not seem to have disputed an abnormal character with homosexuality. In England, Jeremy Bentham, in its Essai on the pederasty , which will appear on a purely posthumous basis, follows a utilitarian argumentation and defends a de-penalization of the Pédérastie.

In 1791, the France is the first country with dépénaliser completely homosexuality, the Constituante not retaining the “crime of sodomy” in the penal code. However, the day before the French revolutions (because that of Terror is not any more that of the State-Generals), the capital punishment for sodomy just came to be replaced by the forced labors in Pennsylvania (1786) and in Austria (1787).

XIXe century

The Penal code of Napoleon in 1810 does not return on this de-penalization and will influence many EU law.

In England, the capital punishment for this reason is not applied any more starting from 1836. Nevertheless, in 1861, a law condemns the homosexuality of a ten years of prison sorrow.

Persecutions under the Nazi regime

Evolution of mentalities since 1945

Homosexuality and Psychology

According to Sigmund Freud, homosexuality was a disorder - the Perversion of the psychic model of maturation which is the Oedipus complex ; he however had said that there is not to have shame of it and that homosexual happy does not need cure.

In 1973, the American Association of psychiatry (APA) withdraws homosexuality as such of its list of diseases DSM-IV . It is not without polemic|date= October 26th, 2007 , ones denouncing of the political and nonscientific motivations, the others rétorquant which it was in the list for nonscientific reasons, even skewed, as of the beginning.

The situation is polemical today than at the time. No psychiatric organization or psychological major of Occident regards homosexuality as being a disease nor a subject of intervention as tel. On the contrary, much of them|date= October 26th, 2007 firmly denounce any test of change of orientation sexual as being dangerous, nonnecessary and ineffective. The consensus in the psychiatric and psychological community is that homosexuality is innate whereas there is no proof of the presence of this gene, that is to say appears very early in the life (without to be sure precise origin of the sexual orientation), and is immutable (although the comprehension of its sexual orientation can evolve/move during its life).

Homosexuality and AIDS

At the end of the Years 1970, doctors of New York and San Francisco note that several their homosexual customers and heterosexuals suffering from Asthénie, weight loss and sometimes even of rare and atypical forms of Cancer (like the Sarcome de Kaposi). The existence of a medical problem is proven in July 1981 when the Centers for Disease Control and Prevention (CDC) of Atlanta records an abnormally high frequency of sarcomes of Kaposi and the appearance of a new virus as causes what will be known as the Syndrome of acquired immunodéficience (AIDS) is evoked as of 1982.

Once the Virus of the human immunodéficience (HIV) responsible for the AIDS identified in 1983 and the discovered modes of contamination, of the information and public awareness campaigns are organized. But at the beginning of the epidemic, the AIDS remained associated in the spirits with homosexuality because of the great number of people reached. Thus the press started by indicating the syndrome by the expression “cancer gay”, before reconsidering this prejudice.

The general awakening must with homosexual its fast deployment|date= October 26th, 2007 , because of many movements, such as that of Act Up or David and Jonathan and of the international high-speed motorboats forced the visibility, incentive the political directors to be engaged of true scientific research.

Evolution of the legislations

In 1960, in France another law introduces a penal discrimination: the law of the November 25th 1960 (creating subparagraph 2 of article 330 of the penal code) double the sorrow minimum for public insult with decency when they were homosexual reports/ratios (this law was removed by the law of the December 23rd 1980)
In 1962, the Illinois becomes the first American State with décriminaliser sodomy.
In 1967, the the United Kingdom décriminalise sodomy.
In 1969, the West Germany makes in the same way.
1960 - 1970: the bus Bill of the Minister for the Justice of the Canada, Pierre Elliott Trudeau, décriminalise the Sodomy between agreeing adults. “The State does not have to be involved in the room to lay down Nation” had declared the minister who will become a few months later Prime Minister of Canada.
In 1977: The Charter of the rights and freedoms of the person of the Quebec is amended. From now on, it is interdict to make discrimination based on the sexual orientation. It is about the first law in the world which prohibits this kind of discrimination in the sectors public and private (besides some cities and counties of the United States).
In 1982, the law of the August 4th 1982 dépénalise definitively homosexuality in France.
In 1989, first partnership of civil union for the homosexual ones in Denmark thanks to the recognition at the Parliament of a minister openly elected homosexual who lived since many years with his companion. What had created a light scandal in the World.
In 1990, the the World Health Organization removes the homosexuality of the list of the mental diseases, putting an end to more than one century of homophobie medical
In 1993, homosexuality is officially dépénalisée in Russia.
In 1994, the Paragraphe 175 is repealed in Germany.
In 1995, Canada recognizes discrimination towards the homosexual ones as being anticonstitutional.
In 2001, the Netherlands recognize the homosexual marriage.
In February 2003, the Belgium recognizes the homosexual marriage, and the American Supreme court abolishes the laws always in force against the homosexual sexual practices.
In 2004, the Canada and an American State recognize the Homosexual marriage legally.
June 5th 2004: the first homosexual marriage in France by the Green deputy and mayor of Bègles, No5el Mamère. Marriage cancelled in call by the court of Bordeaux.
December 30th 2004: introduction in France of the High authority of fight against Discriminations and for the Equality, charged to fight - inter alia - against the homophobie, and penalization of the remarks homophobes.
the April 21st 2005, the Spanish deputies voted in favor of the legislation authorizing the marriage between people of the same sex.
the May 17th 2005, the first day world of fight against the homophobie takes place in 40 countries.
the June 5th 2005, the people Suisse accepts by referendum the Federal law of the June 18th 2004 on the partnership recorded between people of the same sex (LPart) .
In June 2005, the bill on the adoption by homosexual the is voted by the Parliament in Belgium.
In July 2005, the first homosexual marriage Spanish takes place.
In July 2005, the Canadian Parliament amends its Law on the marriage and the definition which it contains to recognize and allow the unions between people of the same sex by modifying the definition, which is now “the union of two people, other than very other”.
the December 19th 2005, the first homosexual union is celebrated in Northern Ireland. This civil union gives the same rights to the heterosexual couples and homosexual.
the November 15th 2006, South Africa legalizes the homosexual marriage.

Others

June 28th 1970: first Gay Pride.

Relationships to the religion

Many groups religious estimate that homosexuality is a Péché. Even the animals do not drop to similar practices , known as the primacy Anglican Peter Akinola, what is false besides). Certain groups (in particular religious, and certain associations of psychologists as N.A.R.T.H.) compare homosexuality to the Pédérastie. Homosexuality prohibited and was severely punished thus a long time in many Pays, either because of the sexual orientation itself, or for the practices which can result from this (anal penetration, oral penetration or Masturbation) without they being necessarily specific to the homosexual ones. Some think|date= October 26th, 2007 that only the passage to the act would be a sin whereas homosexual temptation in itself would not be it. Most radical see|date= October 26th, 2007 in homosexuality a Vice dangerous for the company and is opposed firmly to its vulgarizing like a normal form of Sexualité.

A research team Mormons tried “to cure” homosexuality by Pavlovian methods of conditioning on the homosexual ones by associating images with electric shocks.

Certain American groups|date= October 26th, 2007 , not all of religious type, " organize; thérapies" to cure the homosexual volunteers. The results are discussed, but certain old homosexual|date= October 26th, 2007 having passed by these groups affirm to have changed life. It is however difficult to make a general assessment on these results, since the sexuality of a person is an individual problem and that one cannot generalize on the nature of homosexuality within sight of current knowledge.

There exists however of many homosexual associations asserting itself of a religion and which often help the believers to live their homosexuality peacefully by affirming that it is not incompatible with their beliefs. Moreover, one of the first homosexual associations in France was an association of young believers and catholic practitioners, with the discussed name, David and Jonathan, in reference to two characters of the Bible.

Judaism

Christianity

See also: Christian Vision of homosexuality

The Bible is very explicit with regard to the judgment of homosexuality. It is however important to note that there exist many religious currents and that all inevitably do not read the Bible in way legalist. Those make the choice discussed to find an interpretation " libérale" with a text which states: you will not sleep with a man like you layers with a woman, because it is an abomination . Even among the believer most tolerant, much admit that the text of the Bible is sufficiently explicit to condemn the homosexual acts.

Homosexuality, in a rather majority way, is not accepted by the biblical religions; and by all when it is practiced out of the bonds of the Mariage (religious, or simply civilian at the Protesting S) and that any sexual relationship except marriage is a priori regarded as a Péché. It is necessary to however note that the debate on homosexuality engaged since about thirty years in all the Christian Churches differentiates from now on emotive attraction, in love or erotic towards people of the same sex (called “Homophilie”) of the practice homosexual itself, condemned under the terms of what was mentioned above. Presupposed of this attitude is that homosexuality would be a tendency " tentatrice" against which the man has to fight, like one also asks him for others " bad instincts" (the capital sins)|date= October 26th, 2007 .

Islam

Buddhism

Hindouism

The pleasure in the Hindouisme is not perceived like an evil: it is a gift of God.

In mythology, the god of the love or desire, Kâma, are the source of creation. The Kâmasûtra expose the means of exalter the directions and to open out the life of couple without the least taboo. Thanks to the pleasures, the field of knowledge widens: the act of love while being paroxysm where the man and the woman are not distinguished any more that in the couple and recreate the divine unit. Kâmasûtra is a work which treats codes of conduct thus allowing success in the love (as the Artha-shastra advises on the means of enrichment), because the hindouism considers that he is not alive man in this world which does not wish another human being, or which does not wish to grow rich (except if he chooses to carry out a life of ascetic, of sâdhou). However, the Hindu company remains very preserving and the topic yet is not very approached|date= October 26th, 2007 .

Homosexuality today

Statistics

The share of homosexual individuals in the human population is a thorny question, because the two camps (namely: the adversaries and the defenders of the rights of homosexual) are inevitably tempted to consider the figures as a handling since they are produced by one or the others. The definitions making it possible to create such statistical categories are less simple than it appears to with it. How indeed to characterize what is not a biological or ethnic category?

The majority of the studies rest on investigations carried out using questionnaires, which is the first skew, many people refusing to answer, who they are or not homosexual. Enter then in account the individual practice from which a person will be classified like homosexual or not. Also, the level of tolerance of the cultural and family environment can either inhibit the person, or to encourage it. Lastly, in the company of today, it is not easy to speak about its homosexuality to the investigator.

These factors explain the divergences in the appreciation of the number of homosexual individuals in a given population: according to the statistics and the studies carried out, for the majority exclusively in the Western countries, the estimate of the number of homosexual goes thus from one low assumption going from 5% to 10%|date= October 27th, 2007 with one high assumption going from 10% to 30%|date= October 27th, 2007 population. It is thus difficult to know this number more precisely. What on the other hand is the object of a consensus, it is the character remarkably constant and structural of the phenomenon.

We have few studies allowing to know with exactitude the sexual orientations of the population. The United States, the surveys carried out by Alfred Kinsey to the turning of the Années 1950 made it possible to note that homosexuality and heterosexuality are not two sexual orientations and in love exclusive. They rather constitute the poles of the same continuum of the sexual orientation. Starting from two studies on the sexual behavior of American carried out near some: 5300 men (in 1948) and of: 8000 women (in 1953), Kinsey designed a scale relating to the diversity of the sexual orientations.

Vulgarizing

In several countries, primarily Western, homosexuality is relatively regarded as a form " banale" of sexuality not having to be the subject of particular stigmatization, from where official recognition of the possibility of Homosexual marriage. This said, even in the countries accepting these unions, the surveys reflect a certain social dissension on the cogency of this institution|date= October 27th, 2007 .

Some affirm|date= October 27th, 2007 that homosexuality corresponds to a natural tendency in the human being, even heterosexual, with being attracted by of the same individuals sex. The expression of this attraction would be a big factor of the balance of the sexual behavior. The homosexual behaviors observed (just like the behaviors heterosexuals) at number of Child S and Adolescent S would also constitute a fundamental stage of the sexual Différenciation and emergence of the feeling of membership of the female sex or masculine.

However, the individuals of the same company often do not think in the same way, and even if the legislation changes in certain countries, one can always observe acts homophobes, energy of the simple reflection to the murder while passing by the insults or stigmatization.

Moreover, even in the countries where homosexuality is relatively standardized, all the homosexual ones do not live their homosexuality inevitably well, and their close relations do not accept it inevitably.

Marketing

The homosexual couple became a specific target of the Marketing in the Western countries: the public behavior of certain gays inspired publicity. In that, marketing integrated a certain number of Cliché S gay.

Thus, in the tourist operators specialized in “gay tourism”, of the marks of clothing, detergents or of cars gay couples in their publicity campaigns post. In the Years 1990, one saw appearing in the specialists in the Community marketing of the expressions such as *DINK (double income, No kids) * - double income, not of children - or *pink dollar*, to speak about the trade targeted on the gays, lesbians, bisexual and transsexuals.

Discriminations

In Occident

Still nowadays, the homosexual ones often undergo a Discrimination, frequently named Homophobie, sometimes very heavy, at the point one of the causes of Suicide in the young people from 15 to 34 years is the suffering felt because of exclusion due to homosexuality, a homosexual young person would have between four and seven times more risk to make an attempt on its life than a young heterosexual, quantifies to increase by 40% for the young girls.

Others estimate|date= October 27th, 2007 that the term of Homophobie rather constitutes a term used by homosexual associations to censure very critical homosexuality. It is rather to bring closer to terms like Racisme , Sexisme , Antisémitisme and all the terms indicating a discrimination or a form of Violence founded on the membership. The aggressions homophobes go thus from the Insulte to the Barbarie, even with the Meurtre (to France, in particular to see the criminal immolation of Sebastien Nouchet by his neighbors in 2004; in the United States, torture having resulted in the death of Matthew Shepard in 1998 in the Wyoming).

It is as notable as in the vocabulary of the insults, those are often misogynists or homophobes.

Still there is little, the homosexual women were sometimes excized with the the United States, which was supposed to cure them|date= October 27th, 2007 .

The violent rejection of homosexuality (and/or homosexual) by the companies comes sometimes, but seldom today, of an amalgam between homosexuality, the Pédérastie and, by extension, the Pédophilie.

It is also at the origin of the argument of “the homosexual one destroying the traditional model family”, and by short cut the family very short, which leads consequently to the rejection of the Homosexual marriage and the legal recognition of the Homoparentalité. The homosexual one not being sterile indeed at all, there is in fact of the children raised by homosexual couples. These children are the fruits of adoptions (in certain countries, the adoption by the isolated people is legal whereas the adoption by homosexual couples remains prohibited, it is the case of France), of the various methods of assisted medical Procréation, sometimes of an artisanal insemination (the authorization of artificial insemination is limited to the cases of sterility in France), or quite simply of a former hétérosexuelle relation.

Finally he explains the bringing together between the homosexual communities and transsexuals, although the identity of kind does not have any relationship with the sexual orientation.

On the initiative of Louis-Georges Chock, author of the Dictionary of the homophobie , the May 17th is now the date of the world Journée of fight against the homophobie. This date was selected to celebrate the birthday of the withdrawal of the homosexuality of the mental diseases by the the World Health Organization in 1990. The first edition of this day took place in 2005 and was relayed in 40 different countries.

In the rest of the world

It is necessary to distinguish the concept of homophobie in the majority from the Western companies of the policies and practices of repression, even of persecution, the homosexuality which has course in many areas of the world. Thus, for example, with Cuba as from 1961, the mode castrist systematically persecuted homosexual of the two sexes and continuous one to regard homosexuality as incompatible with many uses of responsibility|date= October 27th, 2007 . In Iran, the law condemns the homosexual ones and the lesbians to scourging and their execution in the case of three repetitions.

The homosexual acts are still liable to Capital punishment in six countries nowadays: Saudi Arabia, Iran, Nigeria, Mauritania, Sudan and Yemen. These legislations are actually applied. They are also condemned by physical punishments, as well as sorrows of imprisonments in more than 27 countries by the world. Homosexuality is illegal in more than 100 countries in the world, and the homosexual ones are exposed to systematic lawsuits. In China, homosexuality is always regarded as a mental disease.

Declaration of Montreal on the human rights of the LGBT

The Déclaration of Montreal on the human rights of the LGBT was adopted by the participants of the “International Conference on the human rights of the LGBT” which was taken place with Montreal, Quebec, Canada, within the framework of the 1st Outgames world 2006 the July 29th 2006. The latter will be carried and publicisée near the authorities of the the United Nations and the national governments in order to mobilize an undeniable support with the respect of the rights LGBT.

The Declaration of Montreal gave a progress report on the rights of the LGBT in the world in general and the world of the sport in particular. She denounced, in addition, the double talks of the UNO which refuses to apply to homosexual its Universal declaration of the human rights. Several basic rights, including with the life, are ridiculed in several Member States of UNO, where homosexuality is criminalisée.

The declaration of Montreal also challenges the governments of the world and the great religions. First because they do not guarantee to homosexual the right to marry between them and seconds because they do not apply their principles of tolerance towards the homosexual one. This vision is however contestable, since one asks ancestral religions to despize absolute interdicts. This intolerance and the taboos surrounding the question harm, according to the Declaration of Montreal, the fight against the AIDS.

More than 1.500 deputy crossed the sphere to take part in this Conference and to discuss there in the various workshops and plenary, where several international experts spoke of which Louise Arbor, High-Commissioner with the human rights of the United Nations and Martina Navrátilová.

French legislations successive

Since the French revolution (by the law of the September 25th - October 6th 1791) the crime of sodomy (i.e., homosexual reports/ratios into private between agreeing adults) does not exist any more in France.

Moreover, it is necessary to wait until the Régime of Vichy to see French legal texts mentioning explicit homosexuality. The law of the August 6th 1942 (signed by the Marshal Pétain) added the following subparagraph to article 334 of the penal code: Will be punished of a six months imprisonment to three years and of a fine of 2.000 francs to 6.000 francs whoever will have either to satisfy passions of others, excited, supported or facilitated usually the vice or the corruption of the youth from one or other sex below twenty and one years, or to satisfy its own passions, made one or more acts impudic or against nature with a minor of its old sex of less than twenty and one years (Official journal, August 6th 1942).

This law will create an explicit distinction, one can even say a discrimination, between homosexual reports/ratios and heterosexuals being sex acts with a minor (21 years for the homosexual reports/ratios and 15 years for the heterosexuals reports/ratios), because the age of sexual majority for the heterosexuals reports/ratios will be fixed at 15 years by an ordinance of the July 2nd 1945. After the Release, this subparagraph was not repealed as it was the case for a great number of laws signed under Vichy. Hardly modified, this paragraph was only moved with subparagraph 3 of article 331 of the penal code by ordinance 45-190 of the February 8th 1945. This new law punished … of a six months imprisonment to three years and of a fine of 60 francs to 15.000 francs whoever will have made an act impudic or against nature with an individual of its minor sex of twenty and one years. (Official journal, February 8th 1945)

In 1974, the age of sexual majority for the homosexual reports/ratios was lowered to 18 years (with the law of the July 5th 1974, which changed the age of 21 years majority to 18 years in all the articles of the civil code and the penal code). With this modification, subparagraph 2 of article 331 remained in the penal code until the August 4th 1982 (Official journal, August 5th 1982). It is Robert Badinter which, then Minister for Justice, will declare the right to homosexuality.

Moreover, there were only two laws to make an explicit mention with homosexuality in France since the Revolution. There was thus article 331 described above, but also the law of the November 25th 1960 (creating subparagraph 2 of article 330 of the penal code) which doubled the sorrow minimum for public insult with decency when they were homosexual reports/ratios (this law was removed by the law of the December 23rd 1980). Article 331 was however much more important than article 330, not only by its duration (40 years for article 331,20 years for article 330), but also by its value symbolic system (the written debates, the political speeches and demonstrations around article 331 have all be much more numerous than those around article 330)

By the law of the December 30th 2004 founding the High authority of fight against discriminations and for the equality (DUMP), Will be penalized in way nearly identical the provocations to hatred or discrimination, the insult or slandering, concerning racism, the homophobie the sexism, and the handiphobie… Associations of more than 5 years of declared existence will be able to go civil part to the sides of the victims . The law of the December 30th 2004 related to the public remarks (in the audio-visual mediums: press, books, television); but the others, the verbal aggression in the street or on the work place remained little punished. It is finished, by the decree of the March 25th 2005, published in OJ this March 29th, these types of nonpublic aggressions will be the subject from now on of an infringment definitely more severe than a simple insult (relates to also the remarks sexists and handiphobes).

Tolerance

Zapotèques

The members of this ethnos group of the State d' Oaxaca, in Mexico, are famous for their tolerance with respect to certain forms of male homosexuality. Indeed, the men having a “heart of woman” (indicated under the term of muche ) are socially accepted like an additional kind. Owing to the fact that the Virginité of the women before the Mariage is regarded as essential, it is not rare to see young men forming couples with muche , which are often regarded as people of pleasant company. These couples are however generally transitory, the couples heterosexuals being the standard for the formation of the family core. However, the great tolerance of Zapotèques for the muche contrast with the Mexico, thus, it is not rare to see muche immigrating in zapotèque country to live there peacefully.

Homosexuality in North Korea

The government North-Korean affirms to tolerate homosexuality, while rejecting many aspects of the culture and especially of the gay Marketing as marked by the consumer society.

References

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