Legalized Same-Sex Unions in Pre-Modern Europe

In EurekAltert!, a brief on Allan A. Tulchin’s forthcoming article in the Journal of Modern History:

A compelling new study from the September issue of the Journal of Modern History reviews historical evidence, including documents and gravesites, suggesting that homosexual civil unions may have existed six centuries ago in France. The article is the latest from the ongoing “Contemporary Issues in Historical Perspective” series, which explores the intersection between historical knowledge and current affairs.

Commonly used rationales in support of gay marriage and gay civil unions avoid historical arguments. However, as Allan A. Tulchin (Shippensburg University) reveals in his forthcoming article, a strong historical precedent exists for homosexual civil unions.

Opponents of gay marriage in the United States today have tended to assume that nuclear families have always been the standard household form. However, as Tulchin writes, “Western family structures have been much more varied than many people today seem to realize, and Western legal systems have in the past made provisions for a variety of household structures.”

For example, in late medieval France, the term affrèrement – roughly translated as brotherment – was used to refer to a certain type of legal contract, which also existed elsewhere in Mediterranean Europe. These documents provided the foundation for non-nuclear households of many types and shared many characteristics with marriage contracts, as legal writers at the time were well aware, according to Tulchin.