There are still many countries or regions within countries that have the death penalty as an option for homosexual activity (these include Uganda, Saudi Arabia, Yemen, Afghanistan, Iran and the northern part of Nigeria, among others). There are many more countries where homosexual activity remains a crime, with punishments including imprisonment and flogging.
Until 1967 (in England and Wales) and 1981 (in Scotland), sexual activity between men was a crime in this country, punishable by imprisonment or fines or enforced confinement in a mental institution or so-called "chemical castration. At one time, we also had the death penalty as an option. Between 1530, when "buggery" became a capital offence and 1835 when the last two executions took place, countless men were executed. Between 1800 and 1835, according Chris Bryant, 41 men, ranging in age from 16 to 62, were hanged in Britain for being gay.
Bryant's latest book "James and John" is the story of the last two men to be hanged in Britain for engaging in gay sex: James Pratt and John Smith. Both men were from poor backgrounds, moved to London for work in domestic service and had periods of unemployment. When they were discovered having sex, a third man - William Bonell - was also arrested and charged with allowing the activity to take place in the room he rented. Bonell too was given the death penalty, but he was reprieved and given transportation to Australia instead.
Bryant looks at what is known about the lives of these three men and provides a detailed account of their arrest, imprisonment, attempts at reprieves and the eventual execution of James and John. It is a sordid tale of class bias, hypocrisy, political intrigue and collusion between church and state. As Bryant makes clear, many men of higher positions in society either received lesser sentences or avoided prosecution altogether. Some who could afford to travelled across the Channel, others (like the poet Lord Byron) were never arrested and others used their connections. For example, when Tory MP William Bankes was caught having sex with a soldier, he was able to call on influential friends (such as military leader and prime minister Wellington) and was found not guilty by the jury. People like Bankes also had the resources to employ the country's best lawyers, whereas the likes of James and John couldn't afford any legal representation.
Bryant's forensic examination of the politics, religion and ideologies of the time shows that James and John were also victims of political intrigues, with them being used as pawns in both individual and political conflict. So we discover that James's wife, Elizabeth (who supported him throughout the trial), got together references from many people calling for a reprieve. These included former employers, the couple who had reported the men to the police and some potentially influential people, including Hensleigh Wedgwood, the magistrate who had first sent them to trial.
None of this worked. Indeed, the Privy Council that decided the ultimate fate of the men didn't even see the reports Elizabeth had got together.
Ultimately it was the low social and economic status of James and John combined with them being used as political pawns that led to them being hanged.
The detailed descriptions of the hangings, as well as the author's account of the way hangings were carried out, are not for the faint-hearted: Bryant pulls no punches in describing how inefficient and incompetent the hangman, William Calcraft, was. His incompetency led to hangings being more prolonged and painful than they needed to be, and the use of what was called the "short drop" (a cheaper method of hanging) made it more likely that those hanged would remain conscious for longer.
At the time, there were few people calling for changes to the laws outlawing same sex behaviour, with even radical and liberal elements who campaigned to reform society believing "sodomy" and "buggery" were evil. For example, William Wilberforce, who campaigned tirelessly for an end to the slave trade, was firm in his belief that same sex activity was an evil vice that needed to be rooted out.
Bryant's detailed, well-researched and at times angry narrative of this example of state murder and miscarriage of justice is not just a much needed account of the history of bigotry, it is also a warning not to be complacent. There are still forces within society who would like to see us once again outlawed. And the existence of the death penalty in some countries for gay sex shows there are still LGBT+ people suffering and dying because of bigotry.