court case

The recent history of debate over the question of same-sex marriage has tended to take as a given that the concept did not exist in pre-modern times, but a growing body of evidence suggests that this is not entirely the case. This article begins with the usual review of the problems in identifying what would constitute historic evidence for female homoeroticism before the modern period, though Emma Donoghue's work is cited as establishing early uses of terms like "lesbian" and "sapphist", which are relatively unambiguous.

One of the most commonly-cited cases of medieval women openly dressing in male clothing is Joan of Arc, not only because of her prominent place in general history, but because both her practices and her reasoning are unusually well documented, not only by her contemporaries, but in her own words from the trial transcripts. She wore male clothing almost continually from the time of her first attempts to contact the Dauphin throughout most of her trial.

Early modern Europe had quite a fondness for encyclopedic works that defined and classified the entire known world (and much that was imaginary). Theodor Zwinger (1533-1588) wrote Theatrum vitae humane (Theater of Human Life) in something of a biographical dictionary form, in groupings according to the characteristic that provided their fame. Under the section “Tribades” he notes “Here we say nothing which has not been said before, and collect only a few items.

The introduction notes the extreme variation in how female same-sex relationships were treated, in terms of penalties, liability, and the means and extent of enforcement, including differing legal theories of whether the term “sodomy” could apply. As a generalization, consensual same-sex behavior was least prosecuted in England, while Florence may have regularly prosecuted relations between men but the penalties were relatively light, while in Spain penalties were regularly quite severe including execution, and similarly severe were those recorded in Geneva.