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TO DO: JUNE 2, 2011

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Create a new page. Tell users how, .

Pines developer name? Andrew Kirtsman. SENT EMAIL

LIST BELOW

Auer, Jeff. Entries. Publicize when ready.

Gruener, Claude. Go over entries. Make final edits. Publicize.

Worth, Peter. Get someone to put all the stuff together.

==========================

for bio see: Jonathan Ned Katz: 1938-present

Add Weeks, Trumbach, Faderman to Social-Historical Construction of Sexuality entry.

Annotated list of 105 published case reports including the terms terms "crime against nature", "buggery", and "sodomy". These are cases appealed to and decided during the nineteenth century by the high courts of twenty-five American states (or districts or territories), or by federal courts, and sumarized in brief, published reports. The cases are listedhere alphabetically by name of case. Retrieved via LEXIS and Westlaw searches which, in numbers of instances, provide different dates for the cases listed.

Research Request

OutHistory.org is initiating a nationwide effort by researchers to retrieve and publish on this site the original legal records of the cases sited. In two cases OutHistory.org has established that such records exist (see Davis v. State and State v. Campbell). In the case of early, handwritten records, transcriptions will be valuable. Please inform OutHistory.org if you volunteer to retrieve any of these original legal records so that others do not duplicate your efforts. When known, state names have been added at the end of each entry to facilitate searchers.

November ?, 2010 Contact: Jonathan Ned Katz Co-Director, OutHistory.org jkatz@gc.cuny.edu

Alphabetical List: Published U.S. State Appeals Case Reports, 1800-1899

Ausman v. Veal, 10 IN 355; 71 Am. Dec. 331 (1858, Jun 2) (slander; charging "bestiality;' "crime against nature," woman with dog, sex unspecified). Indiana.

Benedict v. People, 23 CO 126; 46 P. 637 (1896, Sep 21 [WESTLAW]; Sep [LEXIS]) ("crime against nature," unspecified). Colorado.

Bergemann v. Backer, 157 U.S. 655; 15 S. Ct. 727 (U.S. Supreme Court; 1895, Apr 1) (murder; cites section of New Jersey Crimes Act that murder "committed in perpetrating, or attempting to perpetrate, any arson, rape, sodomy, robbery or burglary, shall be deemed murder of the first degree"). United States.

Bishop v. Florida, 41 FL 522; 26 So. 703 (1899, Jun 15) (cites FL law: "Persons ... convicted in any court in this State of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery shall not be competent witnesses"). Florida.

Bradford v. State, 104 AL 68; 53 Am. St. Rep. 24 (1894, Aug 9) ("crime against nature," man with cow). Alabama.

Bresnan v. State, 43 S.W. 111 (TX; 1897, Dec 1) ("sodomy" unspecified, man with man). Texas.

Brown v. New Jersey, 62 N.J.L. 666; 42 A. 811, 1899, Mar 6 [WESTLAW]; May 6 [LEXIS]) (murder; cites NJ law "that every person indicted for treason, murder or other crimes punishable with death, or for misprision of treason, manslaughter, sodomy, rape, arson, burglary, robbery, or forgery," was allowed to challenge peremptorily twenty jurors). New Jersey.

Cleveland v. Detweiler, 18 IA 299 (1865, Apr 10) (slander, charging "sodomy;' woman with dog, sex unspecified). Iowa.

Coburn v. Harwood, 12 Am. Dec. 37; Minor 93 (AL; 1822, Dec) (slander; words charging crime against nature, unspecified). Alabama.

Collins v. State, 73 GA 76 (1884) ("bestiality," unspecified). Georgia.

Commonwealth v. Dill, 160 MA 536, 36 N.E. 472 (Sup. Jd. Ct. 1894) (1894, Feb 28) ("sodomy," "crime against nature," "unnatural and lascivious act," unspecified; man with "another person," sex unspecified). Massachusets.

Commonwealth v. J., 21 PA Co. Ct. 625 (1899, Jan 16) (attempted "buggery" with young cow). Pennsylvania.

Commonwealth v. Randolph, 146 PA 83; 23 A. 388 (1892, Jan 4) (murder case referring to English decision "that to solicit or make overtures to another to commit sodomy was a crime; but to threaten to accuse another of having made such overtures, was not a threat to charge him with having committed the crime of sodomy"). Pennsylvania.

Commonwealth v. Snow, 111 MA 411 (1873, Jan) ("sodomy," man with boy [implicitly], age unspecified). Massachusets.

Commonwealth v. Thomas, 1 VA Cases 307 (Gen. Ct.) (1812, Jun 16) ("buggery," man with mare). Virginia.

Cross v. State, 17 TX App. 476 (1885, Jan 31) ("sodomy," "crime against nature," "carnal connection," man with mare). Texas.

Darling v. State, 47 S.W 1005 (TX, 1898, Nov 30) ("sodomy;' unspecified). Texas.

Davis v. Brown, 27 OH St. 326 (1875, Dec) (slander, charging "crime against nature;' "sodomy," man with unspecified beast). Ohio.

Davis v. State, 3 Har. & J. 154; 3 MD Rep 154 (1810) (attempted "sodomy;' "buggery;' man with male "youth," 19). Maryland. The original legal records in this case are available in the state's legal archive: see William S. Davis, Court of Appeals (Judgments, Western Shore). William S. Davis v. State of Maryland, 1806-1810, nos. 267 and 268, MdHR 683-122, 1-62-8-32 (19 pages). Maryland State Archives, Annapolis. Also see: William S. Davis. MSA no. C183, Baltimore County Court of Oyer and Terminer and Gaol Delivery (Docket and Minutes), William S. Davis September 22, October 3, Octaober 9, 1810, Minutes, MdHR 16654, 3-29 (4 pages). Copies in the papers of Jonathan Ned Katz, New York Public Library, Rare Books and Manuscripts Division.

Davis v. State, 37 TX Crim. Rep. 47 (1897, Jan 21) (robbery by threatening illegal act; notes: "In England, and perhaps in this country, in the absence of statute, a threatening charge of sodomy [unspecified] is the only threat of prosecution for a crime from which can be inferred the fear necessary to constitute the crime of robbery"). Texas.

Dial v. Holter, 6 OH St. 228 (1856, Dec) (slander, libel; reference to "sodomy," unspecified, as charge involving "great moral turpitude"). Ohio.

Edgar v. McCutcheon, 9 MO 768 (1846, Jan) (slander, charging man's "carnal knowledge" of mare, using word "fuck"). Missouri.

Enos v. Sowle, 2 HA 332 (1860, Dec 11) ("sodomy"; man with "boy," youth," age unspecified. Hawaii.

Estes v. Carter, 10 IA 400 (Sup. Ct.) (1860 Apr 18) (slander; words charging "sodomy," unspecified). Iowa.

Ex parte Bergen, 19 TX App. 52 (1883, Apr 13) (sodomy," "crime against nature," unspecified). Texas.

Ex parte Smith and Keating, 38 CA 702 (1869, Oct) (reference to laws against "rape," "crime against nature," "prostitution," "abortion"). California.

Fennel v. State, 32 TX 378 (Sup. Ct.) (1869) ("crime against nature," "sodomy," unspecified). Texas.

Foster et al. v. State, 1 OH C.D.; 1 OH Cir. Ct. R. 467 (1886, Apr) ("sodomy," "carnal copulation against nature," three men with man). Ohio.

Frazier v. State, 39 TX (Sup. Ct. 1873) (1873) ("crime 'against nature';" unspecified, "sodomy;' unspecified). Texas.

Goodrich v. Woolcott, 3 Cow. 231 (NY; 1824, Aug) (slander; words charging "person of unnatural passions" with "crime against nature" (man with sow) (see also Woolcott v. Goodrich). New York State.

Green v. State, 29 S.W: 1072 (TX; 1895, Mar 9) ("sodomy;' unspecified). Texas.

Green v. Superior Court of San Francisco, 78 CA 556; 21 P. 307 (1889, Apr 16) (extortion case referring to persons convicted of "a capital offense, a crime against nature, or ... forgery, perjury," etc.; on appeal, a dissenting CA Supreme Court judge mentions that "At common law, persons convicted of petty larceny and whipped were held incompetent witnesses because infamous, but no matter how infamous the punishment, unless it was inflicted for, or some other species of crimen falsi, infamy did not attach"). California.

Hall v. State, 34 S.W: 124 (TX; 1896, Feb 12) ("sodomy;' unspecified). Texas.

Hallinger v. Davis, 146 U.S. 314; 113 S. Ct. 105 (1892, Nov 7) (murder case appealed to U.S. Supreme Court; quotes article of NJ constitution which says that murder "committed in perpetrating or in attempting to perpetrate arson, rape, sodomy, robbery, or burglary, shall be deemed murder in the first degree"). United States. New Jersey.

Harper v. Delp, 3 IN 225 (1851, Nov) (slander, charging "bestiality" and "buggery," man with cow). Indiana.

Haywood v. Foster, 6 OH 88 (Westlaw; LEXIS 6 OH 98) (1847, Dec) (slander, charging "unchastity and bestiality" [unspecified]). Ohio.

Hawaii v. Edwards, 11 HA 571 (1898, Nov 4) (conviction for attempted "sodomy," man with Hawaiian, "Kui" [no sex specified]). Hawaii.

Hawaii v. Edwards, 2 HA 55 (1899, May 31) ("sodomy," unspecified; argues that 5th and 6th amendments of U.S. Constitution extended to Hawaii at time of Edwards' conviction, August 16,1898, four days after transfer of Hawaiian sovereignty to U.S.). Hawaii.

Hawaii v. Luning, 11 HA 390 (1898, Apr 20) (attempted "sodomy," unspecified). Hawaii.

Hawaii v. Parsons, 10 HA 601 (1896, Jan 27) ("sexual intercourse," man with female under age fourteen: cites law referring to "Polygamy," "Adultery," "Fornication," "Incest," "Sodomy," unspecified). "C. G. Parsons argues that the statute under which the charge is made is unconstitutional, for technical reason, and that even if it did set forth the full title of the alleged amended act, namely, 'Chapter XIII, it would still be insufficient (for technical reasons).'" Hawaii.

Haynes v. Ritchey, 30 IA 76; 6 Am. Rep. 642 (1870, Oct 24) (slander, charging "sodomy," "beastility" [sic]). Iowa.

Hodges v. State, 94 Ga. 593; 19 S.E. 758 (1894, Jun 4) ("sodomy," anal intercourse of "boy," under 14, with "child"). Georgia.

Honselman v. People, 168 IL 173, 48 N.W. 304 (1897, Nov 1) ("crime against nature," penis of accuser, fourteen-and- a-half-years-old, in man's mouth). Illinois.

Houston v. Commonwealth, 87 VA 257; 12 S.E. 385 (1890, Dec 16) (robbery case referring to threat of "sodomy"). Virginia.

Hughes v. Detroit ... Railway Company, 65 MI 10; 31 N.W: 603 (1887, Feb 10) (negligence case, referring to outrage of girls under age seven and to "such crimes against nature"). Michigan.

Jones v. State, 38 TX Crim. 364; 43 S.W: 78 (1897, Nov 24) (libel; Irish men, employed as conductors by street car company, who discriminated against "colored ladies," were called "the descendants of Oscar Wilde [meaning that they commit the crime of sodomy]"; bracketed quote in original published report). Texas. Research Request: Original legal records? For a companion case see W. H. Noble V. The State. No. 1565. Decided November 24, 1897.

Lamb v. State, 10 A. 298 (MD; 1887, Jun 23) ("abortion" referred to as a "crime against nature"). Maryland.

Lambertson v. People, (Sup. Ct. Gen. T.) 5 Park. Crim. (N.Y.) 200 (1861, May) ("crime against nature," "buggery," "carnal knowledge," man with man). New York State.

Lefler v. State, 23 N.E. 154 (1889, Dec 20) ("sodomy;' man with man). Research Request: state?

Lewis v. State, 36 TX Cr. R. 37; 35 S.W. 372; 61 Am. St. Rep. 831 (1896, Apr 29) ("sodomy," anal intercourse, man with woman; accusation of "copulating in the mouth" with same woman). Texas.

Little v. State, 35 S.W. 659 (TX; 1896, May 13) ("sodomy," unspecified). Texas.

Louisiana v. Deschamps, 7 So. 703 (1890, May) (reference to "homicide" committed while engaged in a felony "such as rape or sodomy"). Louisiana.

Mascolo v. Montesanto, 61 CT 50; 23 Atl. 714; 29 Am. St. Rep. 170 (1891, Jun 19) (civil suit, completed "buggery"; Mascolo, twelve, by Montesanto, fifteen). Connecticut.

McCray v. State, 8 TX Crim. 609; 44 S.W. 170 (1898, Feb 9) (assault; reference to earlier "sodomy," unspecified, of accused). Texas.

McKean v. Folden, 2 OH Dec. 248 (1859) (slander; words charging "bestiality," "buggery," unspecified). Ohio.

Medis v. Hill, 27 TX App. 194; 11 S.W. 112; 11 Am. St. Rep. 192 (1889, Feb 9) ("sodomy," two men with man). Texas.

Meigs County Court v. Anonymous, 3 OH Dec. 450; 2 OH N.P. 342 (1895, Sep) ("sodomy," man with beast, unspecified). Ohio.

Melvin v. Weiant, 36 OH St. 184; 38 Am. Rep. 572 (1880, Jan) (slander, charging "sodomy;' unspecified). Ohio.

Mootry etal. v. State, 41 P. 1027; 109 CA 275 (1896, Jan 15) (murder; cites Medis v. State (see above), in which accused "were jointly tried for sodomy," unspecified here). California.

Paterson v. State, 50 N.J.L. 421; 14 A. 125 (1888, Mar 1) (cites NJ law referring to "treason, murder, manslaughter, sodomy [unspecified], rape, arson, burglary, robbery, forgery, or larceny," etc.). New Jersey.

Peak v. State, 53 S.W. 853 (1899, Nov 29) ("sodomy," unspecified). Research Request: state?

People v.Boyle, 48 P 800; 116 CA 658 (1897, May 6) ("crime against nature," man in mouth of "boy," age unspecified). California.

People v. Frey, 112 MI 251; 70 N.W. 548 (1897, Mar 29) (extortion; threat to accuse "sodomy," "bestiality"). Michigan.

People v. Graney, 91 MI 646; 52 N.W. 66 (1892, May 13) ("crime against nature," man with man). Michigan.

People v. Gleason, 99 CA 359; 33 P. 1111 (1893, Aug 23) (incest; refers to "solicitation to commit incest, adultery, or sodomy"). California.

People v. Hickey, 41 P. 1027; 109 CA 275 (1895, Sep 30) ("sodomy," man with person, unspecified; sodomy may also involve a beast, unspecified). California.

People v. Hodgkin), 94 MI 27 (1892, Dec 3) ("sodomy," "buggery," unspecified). Michigan.

People v. Miller, 66 CA 468; 6 P. 99 (1885, Feb 27) ("crime against nature," man with "boy," 13). California.

People v. Moore, 103 Cal. 508; 37 Pac. 510; (1894, Aug 11) ("crime against nature," man with man). California.

People v. Murat, 45 CA 281 (1873, Jan) (reference to "assault" with intent "to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny"). California.

People v. O'Brien, 26 N.Y.S. 812 (1893, Dec 6) ("crime against nature," man with "boy," 11). New York State.

People v. Williams, 59 CA 397 (Ct. App. 1881) (1881 Jul) ("crime against nature," "sodomy," man WIth man). California.

People v. Wilson, 51 P. 639, 119 CA 384 (1897, Dec 20) (attempted "crime against nature," man, implicitly with boy, age unspecified). California.

Prindle v. State, 31 TX Cr. R. 551; 21 S.W. 360; 37 Am. St. Rep. 833 (1893, Feb 15) ("sodomy," "crime against nature," man in mouth of "child," age unspecified). Texas.

Red v. State, 39 TX Crim. 414; 46 S.W. 408 (1898, Jun 8) (murder; "Appellant proposed to prove ... that the witness. . .was guilty of incest with his daughter, and was guilty of sodomy [unspecified], and had assaulted the wife of appellant, ... his granddaughter, with intent to rape her"). Texas.

Roberson v. Florida, 40 FL 509; 24 So. 474 (1898, Jun ([LEXIS]; Nov 5 ([WESTLAW]) (cites FL law that "persons who have been convicted in any court . . . of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy or buggery shall not be competent witnesses"). Florida.

Roesel v. New Jersey, 62 N.J.L. 216; 41 A. 408 (1898 Jul 8 ([LEXIS]; Sep 28 ([WESTLAW]) (murder; cites NJ law referring to persons "committing or attempting to commit sodomy, rape, arson, robbery or burglary, or any unlawful act against the peace of this state, of which the probable consequence may be bloodshed"). New Jersey.

Simmons v. State, 41 FL 316, 25 So. 881 (1899, May 2 [WESTLAW]; Jan Term [case report; LEXIS]) (robbery; cites FL law that "Property obtained by trick or artifice, or by threats of illegal arrest, criminal prosecution, or insinuations against character, except they relate to sodomitical practices, is not taken by 'putting in fear'"). Florida.

Singleton v. State, 38 FL 297; 21 So. 21 (1896, Jun ([LEXIS]; Nov 17 [WESTLAW]) (quotes section of FL law "that persons convicted ... of murder, perjury, piracy, forgery, larceny, robbery, arson, sodomy, or buggery shall not be competent witnesses"). Florida.

State v. Campbell, 29 TX 44; 94 Am. Dec. 251 (1867) ("crime against nature," "sodomy," man with mare). Texas. Original legal records cited as: Warren Campbell . . . v. Texas. October 19, 1866. Filed November 27, 1866. Texas State Archives, Austin. Copy available in the papers of Jonathan Ned Katz, New York Public Library, Rare Books and Manuscripts Division.

State v. Chandonette, 10 MT 280; 25 P. 438 (1890 Dec 1) ("crime against nature," unspecified). Montana.

State v. Desforges, 47 LA Ann 1167; 17 S. 811 (1895, Jun 3) (attempting to prevent witness from testifying; court quotes Wharton that solicitations to commit a crime "are indictable . . . when they are . . . offences against public decency, as in the case with solicitations to commit sodomy"). Louisiana.

State v. Dolan, 17 WA 499; 50 P. 472 (1897, Sep 7) (murder; citing WA law referring to "assault with intent to commit murder, rape, the infamous crime against nature, mayhem, robbery, or grand larceny"). Washington.

State v. Frank, 103 MO 120; 15 S.W. 330 (1890, Oct) (attempted "sodomy," man with dog). Missouri.

State v. Gray, 8 Jones (N.C.) 170 (1860, Dec) (reference to "buggery;' unspecified, in case of "carnally knowing and abusing an infant female under the age of ten years"). North Carolina.

State v. Grusso, 28 LA Ann. 952 (1876, Dec) ("crime agaInst nature," man with man). Louisiana.

State v. LaForrest, 45 A. 225 (Sup. Ct.); 71 VT 311 (1899, May 6) ("sodomy,"' unspecified). Vermont.

State v. Place, 5 Wash. 773 (1893, Feb.18) (attempted "crime against nature," "sodomy," man with man). Washington.

State v. Romans, 57 E 819, 21 WA 284 (1899, Jun 22) (attempted "crime against nature," "buggery," man with man). Washington.

State v. Smith, 38 S.W. 717 (MO; 1897, Jan 19) (attempted "sodomy or buggery," man with "boy," age unspecified). Missouri.

State v. Williams, 34 LA Ann. 87 (Sup. Ct. 1882) (1882, Jan) ("crime against nature," unspecified). Louisiana.

Stewart v. Major, 17 WA 238; 49 E 503 (1897, Jun 25) (libel; quotes section of WA Code referring to "words falsely spoken of any person charging such person with incest or the infamous crime against nature either with mankind or the brute creation"). Washington.

Strange v. State, 33 Tex. Crim. 315; 26 S.W 406 (1894, May 5) (extortion by threat of criminal prosecution for "crime against nature," "sodomy" with beast, unspecified). Texas.

Stratham v. State, 53 S.W. 847 (1899, Nov 29) ("sodomy," unspecified). Research Request: state?

Territory v. Mahaffey, 3 MT 112 (1878, Jan) ("crime against nature," man with "boy," 14). Montana.

Thibault v. Sessions and Phipps, 101 MI 279; 59 N.W. 624 (1894, Jun 26) (libel/slander; teacher accused of "sodomy" with students, sex, age unspecified; "bestiality" referenced). Michigan.

United States v. Gallagher, 25 F. Cas. 1241 (1832, Mar) (cites PA law re rape, murder, or attempted "crime against nature"). Pennsylvania.

Vieira v. Sowle, 2 HA 346 (1860, Dec 14) ("sodomy"; man with "boy," age unspecified). Hawaii.

Waits v. State, 54 S.W. 1103 (1899, Dec 19) ("sodomy," unspecified). Research Request: state?

Wells v. New England Mutual Life Insurance, 191 PA 207; 43 A. 126 (1899, Apr 24) (abortion; Court quotes its earlier decision that abortion "violates the mysteries of nature in that process by which the human race is propagated. It is a crime against nature which obstructs the fountain of life...."). Pennsylvania.

Williams v. Commonwealth, 22 S.E. 859 (VA; 1895, Sep 19) ("buggery," unspecified, by boy, between 10-12). Virginia.

Willson v. State, 53 S.W. 112 (TX; 1899, Oct 11). ("sodomy," unspecified). Texas.

Wood et al. v. State, 47 N.J.L. 180 (1885, Jun 15) (cites NJ law re "murder, manslaughter, sodomy [unspecified], rape, arson, burglary, or robbery"). New Jersey.

Woolcottv. Goodrich, 3 Cow. 714 (NY; 1825, Dec) (slander; words charging "He has been with a sow"). (See also Goodrich v. Woolcott). New York State.

Wright v. State, 35 TX Crim. 367; 33 S.W. 973 (1896, Jan 22) ("sodomy," unspecified). Texas.

Earl Lind (Ralph Werther-Jennie June): The Riddle of the Underworld, 1921

Transgender Memoir of 1921 Found

LIND His extravagant "feminine" role-playing was based upon an acceptance and extreme exaggeration of the most traditional concept of "femininity." What Kate Millett has said of the homosexual characters of Jean Genet may be applied to Earl Lind: "Because of the perfection with which they ape the 'masculine' and 'feminine' of heterosexual society, [Genet's] homosexual characters represent the best contemporary insight into its constitution and beliefs."

Millett adds: Genet's homosexuals "have unerringly penetrated to the essence of what heterosexual society imagines to be the character of 'masculine' and 'feminine,' and which it mistakes for the nature of male and female, thereby preserving the traditional relation of the sexes."

END LIND

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ACT UP Oral History Project Cable Access Show

Begins Friday, December 26th 1 AM (that’s late Thursday night)

And airs Every Friday @ 1 AM through March 20, 2009

With a grant from Manhattan Neighborhood Network, the ACT UP Oral History Project has created a 9-part cable access series. Edited by James Wentzy and Jim Hubbard. The series includes programs on “Changing the CDC Definition of AIDS” and “ACT UP’s Greatest Achievements.”

The ACT UP Oral History Project has been documenting the history of AIDS Activism by conducting long-format interviews of members of ACT UP. We’ve done 103 interviews so far. We are creating a vital and complex portrait of a diverse community of people who came to believe that self-empowerment, social change and direct political action could provide solutions to the AIDS crisis and investigating the history of a movement that chose civic engagement over palliative solutions and which has served as a model for increased participation in public affairs for marginalized groups in the New York City and around the world.

For more information on the project go to www.actuporalhistory.org.

-- Jim Hubbard 301 Cathedral Parkway, #15A New York, NY 10026 USA +1-212-865-1499 (phone/fax) 646-245-6570 (cell) jimhub@earthlink.net <comments />