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When examining the start of Uranian acceptance in America one is quick to notice how it seems to almost parallel the revolution itself, critically tied to a number of the founders and the political philosophy they used. It is for this reason that the period from 1780-1800 is known as the foundation years in the Uranian community, a reference to the two pillars formed around this time.
As already noted, the late 1770’s saw Jefferson begin a correspondence with Bentham after the former had delivered a harsh criticism of the declaration. Advocating major social and legal reform, Bentham published two essays on Uranian sexuality with the help of Cesar Beccaria, whom was a great influence on Bentham (1). Attacking the legal arguments of the day and examine Uranians in classical Greece, these essays were distributed throughout the colonies. As the founder of utilitarianism and someone whom believed that societies laws be created around rational thinking, Bentham believed that law should not govern public and private life at the same time. Steeped in rational thinking and himself an advocate of the separation between church and state, fathers like Jefferson and Madison would be particularly impacted.
Bentham work was received with mixed views in the colonies. While most of the colonist held that the act was immoral, Bentham argument for lighter sentences appealed to some-particularly in the north. New York, New Jersey, Pennsylvania were perhaps the greatest states influenced. However the fruit of this would not be seen until after America’s independence almost a decade later.
When the British recognised America’s independence in 1783, the thirteen colonies were now fully free to make their own laws. Virginia had already turned sodomy to life imprisonment, the father had seen it as a compromise between his moral beliefs and proportional punishment. Jefferson bill was soon followed by similar modifications in New York, New Jersey, and Pennsylvania. New York and Jersey followed Virginia with the sentence of life imprisonment, but New York added hard labour as part of the sentence in the 1790’s. When Pennsylvania modified its law in 1783, those convicted were forced to forfeit of their estate. These laws also helped to fuel the Uranian and Urningin community development as men and woman moved to one of the states, especially from the southern states. In particular, New York and New Jersey became popular destinations for many-and help them to play an importance in the latter half of the century.
While Bentham given Jefferson a moral pause, its greatest legal influence was on James Madison. Having already witnessed the result of intermixed state and church and fearful of the tyranny of the majority, Madison once again debated on the issue of privacy-especially for laws based on the groups moral. In Madison philosophy, a person had a right to property and privacy in their own dwelling. If how the person conducted themselves was no harm to the public despite whatever moral failings, which Bentham made a compelling case, was that worthy of violating those principles.
In the end Madison accepted that Uranian acts were immoral and that the state may see a law necessary, only a violation in the public sphere didn’t break the principle of privacy. When the Philadelphia Convention was called in the summer of 1787, Madison was believed that a firm separation between the public and private sphere was even more important. When a constitution was agreed upon and the new government came into force on March 4, Madison had started consider a Bill of Right may become necessary. When fears of a second constitutional conviction became a possibility, he began crafting the Bill of Rights.
For Madison, this new belief was incorporated into the first article:
“Congress shall make no law establishing religion or prohibiting the free exercise thereof, nor shall the rights of Conscience be infringed. Nore shall Congress impose the law of morality of the public sphere into the people’s place of living insofar as it does not threaten the state.”
Twelve articles, including the first, were approved by congress and submitted to the legislator on September 1789 for consideration-and were ratified December 15, 1791. Only ten of the twelve were adopted into the constitution, but on 1792 article three become the first amendment of the United States Constitution. It is for these reasons that Jefferson and Madison are considered some of the first Uranian rights advocates, albeit indirectly.
(1) With confidence from sending the essay, Bentham contacts beccaria to see if he's willing to help publish his essays.