Two laws from a Middle Assyrian code, from Assur (12th century B.C. but probably copies or extensions of earlier laws going back to at least the 15th century B.C.8), also mention homosexuality. They speak of a ?seignior,? someone of high social rank in the community, and his ?neighbor,? someone of equal social status who lived in the vicinity.9 Later scholars simply view these laws as applying to any Assyrian man.10 Table A, paragraph 19 reads (translated by Theophile Meek): ?If a seignior [an Assyrian man] started a rumor against his neighbor [another citizen living nearby] in private, saying, ?People have lain repeatedly with him,? or he said to him in a brawl in the presence of (other) people, ?People have lain repeatedly with you; I will prosecute you,? since he is not able to prosecute (him) (and) did not prosecute (him), they shall flog that seignior fifty (times) with staves (and) he shall do the work of the king for one full month; they shall castrate him [lit. ?shall cut off?] and he shall also pay one talent of lead.?11
Harsh punishment was often decreed in ancient times, e.g. in this law code including death and cutting off ears, noses, lips and fingers (Cf. A,5,9,12). The meaning of igadimus (?shall cut off?) is ambiguous and has also been translated as ?he shall be cut off? from the community (G.R. Driver and J.C. Miles, 1935) and ?they shall cut off? his beard or hair as a form of branding (Chicago Assyrian Dictionary, gadamu, G, 8)12 The preceding prohibition (A,18) in this law code deals with false (or unproven) rumors spread about a man?s wife sleeping around (like a prostitute); and its wording and punishment are very similar to A,19, except there is no ?cutting off? and less blows are specified. In both cases, the lord?s reputation was at stake in the face of a grave slur that had been circulated against him.13
Table A, paragraph 20 deals with a physical act done, not just a rumor: ?If a seignior [an Assyrian man] lay with his neighbor [another citizen], when they have prosecuted him (and) convicted him [the first citizen], they shall lie with him (and) turn him into a eunuch.?14 This describes a situation where a man has forced sex upon a local resident or business partner, who then has the option of bringing a charge against him. Noticeably, the perpetrator is punished while the victim is not; so the crime here is rape. Homosexuality itself is not condemned, nor looked upon as immoral or disordered. Anyone could visit a prostitute or lay with another male, as long as false rumors or forced sex were not involved with another Assyrian male. Still, both of these laws suggest that for a male to take the submissive woman?s role in same-sex intercourse was looked down upon as shameful and despised.15
Pictorial and literary references in ancient Mesopotamia show acceptance of some forms of homosexuality, but wariness toward others. Anal intercourse was freely pictured in figurative art in the ancient cities of Uruk, Assur, Babylon, and Susa from the 3rd millennium B.C. on ? and images show that it was practiced as part of religious ritual. Both Zimri-lin (king of Mari) and Hammurabi (king of Babylon) had male lovers, which the queen of Zimri-lin mentions matter-of-factly in a letter. The Almanac of Incantations contained prayers favoring on an equal basis the love of a man for a woman, of a woman for a man, and of a man for man.16 (Lesbian love is not mentioned, probably because of the low status of women in ancient times, when women were basically considered property, and adultery was considered a trespass against the husband?s property. A husband was free to fornicate, but a wife could be put to death for the same thing.17) The Summa alu, a manual used to predict the future, sought to do this in some cases on the basis of sexual acts, five of which are homosexual:
?If a man copulates with his equal from the rear, he becomes the leader among his peers and brothers."
"If a man yearns to express his manhood while in prison and thus, like a male cult-prostitute, mating with men becomes his desire, he will experience evil."
"If a man copulates with an assinnu [a male cult-prostitute], trouble will leave him (?)."
"If a man copulates with a gerseqqu [a male courtier, or royal attendant], worry will possess him for a whole year but will then leave him."
"If a man copulates with a house-born slave, a hard destiny will befall him.?18
The fact that different kinds of homoerotic pairing will occur is taken for granted. What mattered was the role and the status of a partner, especially the passive partner ? and the anticipated ramifications in each case. To penetrate a male who was of equal status or a cult prostitute was thought to bring good fortune; but copulation with a royal attendant, a fellow prisoner, or a household slave was thought to probably spell trouble.19
