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Credit Claims For Boston Couples: Legal Considerations For Joint Finances – Lesbian, gay, bisexual and transgender (LGBT) people in the US state of Massachusetts have the same rights as non-LGBT people.
The US state of Massachusetts is one of the strictest LGBT states in the country. In 2004, it became the first US state to grant same-sex marriage licenses following the Goodridge v. Department of Public Health decision, and the sixth jurisdiction worldwide, after the Netherlands, Belgium, Ontario, British Columbia, and Quebec.
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Massachusetts is considered one of the most advanced states in the US when it comes to LGBT rights legislation. Same-sex sex has been legal since 1974, although Massachusetts has yet to legally repeal its sodomy law. State law prohibits discrimination based on sexual orientation and gender identity in employment, housing, public accommodation, credit, and union practices. In November 2018, it became the first state in the country to support transgender protections through a popular vote. In addition, same-sex couples are allowed to adopt, and transgender people can change their legal gender without undergoing sex reassignment surgery. In April 2019, Massachusetts became the 16th US state to ban conversion therapy for LGBT minors.
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Massachusetts is home to a vibrant and visible LGBT culture. Boston, the state capital, is one of the most LGBT cities in the United States.
Is known for its LGBT dating scene, houses, nightlife, clubs and bars. Several towns around Cape Cod are also internationally known for their LGBT acceptance and visibility, most notably Provincetown. Northampton, on the other hand, has the highest number of lesbian couples per capita in the United States.
In October 1636, the Reverend John Cotton proposed a legal code for Massachusetts Bay that criminalized death for fornication, adultery, incest, and other crimes.
In August 1637, John Alexander and Thomas Roberts were found guilty of sodomy by a Plymouth trial. Roberts was later indicted in 1637 for “disorderly living”.
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In 1642, Edward Michell and Edward Preston were convicted by a Plymouth court of “debauchery and drunkenness” but were flogged instead of executed.
In 1648, Sarah White Norman and Mary Wink Hammon of Massachusetts were prosecuted for “fornication with each other in bed”; Their test documents are the only known record of sexual intercourse between glamorous colonial women in 17th-century North America.
Mary was warned, and Sarah was judged. It may be the only lesbian conviction in American history.
Two women were brought to court in 1648 for “fornication with each other in bed.” Hammon was only given a warning, possibly because he was only 15 years old at the time of the charges. Sarah is probably 10 years older than the court.
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He was convicted in 1650 and required to publicly confess his “indecent behavior” with Mary, as well as be warned against future crimes.
In 1672, a terminological update of Massachusetts law changed sodomy to the crime of “buggery” in 1697, which also included bestiality, defining it as “abominable and abominable” and “against the light of nature” and remained capital. crime.
A few years ago, the Reverend Samuel Danforth of Duxbury secretly preached a sermon on the “sins of Sodom” after the execution of Benjamin Goad for bestiality led to a “criticism in Massachusetts in the late 1600s.”
In 1692, Mary Hley of Middlesex County was arrested for wearing her clothes, saying her behavior “confused the course of nature.”
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Scholars have disagreed about the reasons and effectiveness of these laws. Scholar Robert F. Oakes argued that changes to sodomy laws that implemented “strict legal procedures” reduced the number of convictions and arrests for “homosexual activity.”
He also said that a decline in religious fervor, the failure of previous efforts to stop “illegal sex” and the secularization of the state had led to fewer prosecutions for “sexual activity of all kinds”.
Colin L. Talley, a public health scientist, concluded that anti-sodomy statutes in British North America, including Massachusetts, were “largely weak” and ambivalent about “same-sex erotica” and said such behavior was common.
And historian Edmond S. Morgan claimed that 17th-century accounts of New Glands give the impression that illicit sex was “normally common”. He said offenders were not treated as harshly by the law codes as “we are led to believe”.
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Historian Roger Thompson notes that there were three convictions for sodomy in Plymouth between 1636 and 1649, and says that cases during the 17th Ctury were “rare” in Massachusetts. He disagrees with Morgan and Ochs, arguing that homosexual behavior is rare and “barely non-existent”.
Scientist John M. Murrin claimed that the treatment of boys “accused of sodomy” in New Zealand echoed the practice in other parts of British North America. He also argued that animalism was the “disgust and passion” of 17th-century New Zealanders.
In January 1712, Mingo, a black man who had been Winthrop’s slave, was executed for the crime of “custodialism.”
In 1755, a Massachusetts trooper named Bickerstaff was flogged 100 lashes and publicly humiliated but not executed for swearing and “sodomistically” at Lake George.
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In 1771 the lower court of Suffolk and later the Supreme Court decided the case of Gray v. Pitts. This case has been re-evaluated by modern historians as a counterexample to the “gay panic” and an early case of cross-dressing in colonial America.
As John Adams was appointed as Pitts’ attorney and Josiah Quincy Jr. as Gray’s attorney, the case was documented and included in John Adams’ legal papers.
The Massachusetts constitution of 1780 included a provision criminalizing sodomy, modeled on the Bugger Act of 1533 in the United Kingdom.
In 1805, the death penalty for sodomy was abolished, the punishment was replaced by one year of solitary confinement and one year of hard labor.
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Massachusetts law was revised in 1835 to eliminate solitary confinement as a punishment, but the penalty for sodomy was increased to twenty years’ hard labor.
In 1866, a church committee was formed to investigate allegations of sexual abuse of boys by Horatio Alger. Alger did not deny the charges and left for New York City.
In June 1868, Samuel M. Andrews was indicted by the Massachusetts Supreme Court in the murder of his “dear friend and longtime companion” Cornelius Holmes, a sexually charged crime that drew widespread attention. Scholar Leslie Margolin pieced together the relationship between the two, noting the closeness of their relationship, their cohabitation, Holmes’s lawyers barring any evidence of sexual intercourse between the two at trial, and noting that Andrews “had a religious fear that destroyed the spirit.” “This led to a panic and the murder of Holmes.
In Commonwealth v. Snow, in January 1873, the Massachusetts Supreme Court ruled against James A. Snow, who was accused of liberating young boys.
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In 1879, a Massachusetts law was passed that prohibited the sale of any “instrument or other article intended for the purpose of self-abasement,” which included masturbation toys.
The Massachusetts legislature passed a law in 1887 that prohibited “unnatural and immoral practices” and focused on oral sex,
The first case under this law was decided in 1894. In Commonwealth v. Dill, the Massachusetts Supreme Court held that an indictment that the defendant committed “certain unnatural and immoral conduct” was sufficient.
Commonwealth v. Delano of 1887, in 1908 the Massachusetts Supreme Court outlawed “any and all unnatural and immoral acts.”
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In 1915, the Massachusetts legislature passed a law prohibiting the use of any saloon, cafe, or restaurant “for the purpose of indecent solicitation or indecent dealing.” In 1918, the legislature revised the 1887 law, reducing the minimum sentence from 3 years to 2½ years.
For two weeks in May and June 1920, a special disciplinary tribunal at Harvard University consisted of five administrators and was chaired by Acting Dean Chester Noyes Grew. They conducted more than 30 behind-closed-doors interviews and took action against eight students, a supervisor and an associate professor accused of homosexual acts.
They were expelled or disconnected from the university. Two students were later readmitted. It was not opened until 2002.
US historian George Chauncey said gay life at Harvard was “typical”, as was the university’s response.
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This special tribunal was later written about by William Wright in his 304-page book, Harvard’s Secret Court: The Savage Purge of Campus Homosexuals in 1920.
In January 1921, in Commonwealth v. Porter, the Massachusetts Supreme Court upheld the conviction of an individual for “maintaining a nuisance” in which “unpleasant and unnatural acts” occurred. Also, the court concluded that “there are no legal violations in the order” or they are conducting a trial that ended in a guilty verdict.
The state passed a law in 1923 that allowed a trial judge to bar the public from a trial in which a person under the age of 17 was the victim of any “sexually related” crime.
Massachusetts statutes from 1939 to 1945 required police to report “data of any person convicted of sodomy” on release from prison.
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1952 Selectman of Provincetown, Massachusetts
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