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Thursday, July 30, 2009

The History of Gay Civil Unions

Gay Civil Unions Sanctioned in Medieval Europe

By Jeanna Bryner, LiveScience Staff Writer

posted: 27 August 2007 08:50 am ET



Civil unions between male couples existed around 600 years ago in medieval Europe, a historian now says.

Historical evidence, including legal documents and gravesites, can be interpreted as supporting the prevalence of homosexual relationships hundreds of years ago, said Allan Tulchin of Shippensburg University in Pennsylvania.

If accurate, the results indicate socially sanctioned same-sex unions are nothing new, nor were theytaboo in the past.

“Western family structures have been much more varied than many people today seem to realize," Tulchin writes in the September issue of the Journal of Modern History. "And Western legal systems have in the past made provisions for a variety of household structures.”

For example, he found legal contracts from late medieval France that referred to the term "affrèrement," roughly translated as brotherment. Similar contracts existed elsewhere in Mediterranean Europe, Tulchin said.

In the contract, the "brothers" pledged to live together sharing "un pain, un vin, et une bourse," (that's French for one bread, one wine and one purse). The "one purse" referred to the idea that all of the couple's goods became joint property. Like marriage contracts, the "brotherments" had to be sworn before a notary and witnesses, Tulchin explained.

The same type of legal contract of the time also could provide the foundation for a variety of non-nuclear households, including arrangements in which two or more biological brothers inherited the family home from their parents and would continue to live together, Tulchin said.

But non-relatives also used the contracts. In cases that involved single, unrelated men, Tulchin argues, these contracts provide “considerable evidence that the affrèrés were using affrèrements to formalize same-sex loving relationships."

The ins-and-outs of the medieval relationships are tricky at best to figure out.

"I suspect that some of these relationships were sexual, while others may not have been," Tulchin said. "It is impossible to prove either way and probably also somewhat irrelevant to understanding their way of thinking. They loved each other, and the community accepted that.”

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So, apparently Pat Robertson and his hate-filled Moral Majority are wrong. His organization argues that the push for gay marriage is a new phenomenon and that gay marriage has never been legitimized by a community. Hence, he says, history is on the side of hetero-only marriages and should stay that way. It turns out, though, that gay unions have existed in the past and were given the legitimacy of the government. Furthermore, the community around them recognized these unions as respectable and binding and observed them as they did the unions of heterosexuals. Interesting.