I have written a new law review article which explores a series of medieval legal texts that debate the question, “may a marry a man?” The medieval lawyers did not support same-sex marriage. In fact, they used this debate to develop a series of arguments opposing same-sex marriage which remain current today. Marriage had to be between a man and a woman, they asserted, because that was the way God made the human race and because there was a complementarity between male and female. The medieval lawyers also used this debate to sharpen deeply homophobic claims. One medieval canon lawyer went to such extremes he even approved of sources that recommended the death penalty for gay sex. Indeed, it is plausible to claim that the roots of modern homophobia run through these medieval texts.
To download the new article, please visit the SSRN site here