Gay marriages or LGBTQ Rights and marriages

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[1]This article is written by Pradumn Nigam of the University of Lucknow, an intern under Legal Vidhiya

ABSTRACT

Same-sex or LGBTQ marriage is a common thing in the 21st century. There are almost half of the world’s countries who had recognized gay marriage as legal. These countries also made legal Acts and Provisions in their constitution regarding gay marriages. This has been done because of changing trends in psychology as well as physiological changes in human societies.

The present superpower nation America has about 55% of Americans who believe some same-sex marriage should be legal. Over 69% of Indians believe same-sex marriage should be legalized. We can say that changing lifestyles and lack of interest in procreating children have led people to find love in the same sex. The majority of gay couples are transgenders or have some sort of defect in their inner body parts and mutation, which affects their psychological and morphological inclination towards same-sex love. They are forced to hide their feelings due to social pressure and are living life like prisoners.

The world is gradually accepting this new trend in society and the majority of people are feeling compassionate towards LGBTQ Love.

Key Words: LGBTQ rights, Changing Trends in Sexuality, Society, Gay Marriage, New Age Love, USA Trends in Love, Legal Rights in Society, Psychological Changes in Love

INTRODUCTION

This research article is about gay marriages or same-sex marriages. There was a time when transgender people were hiding their psychological and physiological feelings. And society would punish the public for revealing of their identities. But with rapid industrialization and the development of modern science, times have changed and in recent years people are now aware of psychological problems.

The higher administrations and legal supreme courts of many countries have made gay marriages legal and are also many countries are also moving in ways to legalize gay marriage within their nations. The technical term for gay marriage is LGBTQ (Lesbian, Gay, Bisexual, and Transgenders) and they have their own separate and independent movement known as LGBTQ Rights, which is rapidly growing around the globe.

As per reports from 2004 to 2015, 50 states United States of America have legalized LGBTQ marriages either by parliamentary bill or by higher state courts decision.[1]

We can for sure say traditional trends of legal marriages are changing in the 21st century.

BACKGROUND

Same-sex marriages were considered Sin in various major religions in history, there was also a time when the law also considered same-sex marriages a crime. [2]The customs and traditions which form the basis of humans also regulated feelings of love between the LGBTQ community as bad and a symbol of transgenderism. People considered such people weak and merely a [3]thing to be abused. Societies, laws, and religion always promoted heterosexual marriages to [4]their contribute to procreating and populating society’s population needs.

Traditional ideas of sexual relationships and marriages-: From ancient times, as far as known to humans, tradition and culture tried to control same-sex love and marriages. And most of the time it is considered taboo. Traditions and cultural ideas-controlled people’s way of thinking and always promoted opposite-sex marriages.[5]

Religions and modern expectations from marriages-: Religions from all over the world have one thing in common, that is people of that religion follow the rules of their religion and contribute to the population of their religious communities. There were many communities like European, Egyptian, Arabs, And Chinese where polygamy amongst elite people was common. This was primarily for entertainment and pleasure.

It is not unknown, modern community people’s expectations of marriages are love and emotional support. People in the 21st century do not want to bear children, because they made their own society toxic and unfavorable for new child safe growth. The children they produce are toxic and abusive behavior of parents towards children and children towards parents is responsible for that. People nowadays prefer to align with modern gadgets, rather than having a family life.[6]

List of countries with the most same-sex marriages-:

Costa Rica (2020): On June 12 ,2020, Costa Rica government passes LGBTQ Rights to marry and life.
Northern Ireland (2019): On October 2019 northern island passed LGBTQ Rights and legalized same sex love.
Ecuador (2019): On June 12,2019 Ecuador constitution court passed same sex marriage and gave legal rights to same sex marriage.
Taiwan (2019): On May 17, 2019, Taiwan legislature passed LGBTQ Rights and gave legal marrying rights.
Austria (2019): On January 1, 2019, Austria government passed same sex love ad LGBTQ Rights.
Australia (2017): On December 2017, the Australian parliament passed laws related to LGBTQ Rights.
Malta (2017): July 2017, Malta government passed LGBTQ marrying and right to life.
Germany (2017): On June 30, 2017german government passed LGBTQ Rights to marrying.
Colombia (2016): On April 28,2016 Columbian government passed LGBTQ Rights to marry and family life.
United States (2015): In 2015 Supreme court of United States passed LGBTQ Rights of marry and family love life.
Belgium (2003): On January 2003 Belgium parliament passed same sex marriage and right to family.
Canada (2005): In 2005 Canadian parliament passed same sex marriage law to be legal within nation.
England and Wales (2013): On July 17, 2013, passed same sex marriage within their nation.
Brazil (2013): On May 14,2013 national council of justice passed same sex marriage in court legal.
France (2013): On May 18,2013 French parliament passed LGBTQ Rights legal under law.
New Zealand (2013): On april17, 2013 New Zealand parliament passed judgement making same sex marriage legal.

TOPIC

As we know, our topic is aligned with LGBTQ rights and their marriages. With flowing times many countries’ opinion regarding same-sex love has changed drastically and people are now considering love beyond the traditional boundaries of male and female love. The secular and atheists are amongst the most, who is in favor of same-sex love and their couple marriages. We have gone through some prominent cases and provided a case summary of court cases on LGBTQ rights and marriages in India and around the world.[7]

CASES

Case1

One, INC.v. Oesen,241F.2D772 C9(9th cir.1957)

First USA case of homosexuality in which a landmark judgment was delivered. This case is about a postmaster Otto K. Olsen, who ordered federal post authorities to not to mail a homosexual magazine, which was filthy and was promoting homosexuality in society. He seized magazines under federal Comstock Law. In answer the magazine company owner and postmaster went to court where the lower court justified the actions of the postmaster and found the magazine obscene and was restricted under the first amendment. So the lower court favored the government’s decision of banning the magazine. Further the decision was appealed to the circuit court where jurists found that though the magazine owner says it was for educational purposes, But the magazine was purposely exciting lust and lascivious contents. And circuit court supported the lower court judgment.

But in further appeal to the supreme court, the court passed judgment in favor of the magazine company.

Here the question arises when an explicit content of male and female union is easily circulated in society, then what is so obscene of, for explicit content of same-sex love? In end, both are a form of love. Thou decision of the court was in favor of the magazine, holding pro-homosexual writing is not obscene.

Case2

Navtej Singh Johar vs Union of India [AIR2018]SCR4321

This case was filed by Navtej Singh Johar against the Union of India for legalizing homosexuality and the recognization of the LGBTQ community in India. This case was against section 377 of the Indian penal code (IPC) 1860, Which states consensual sexual intercourse between same-sex intercourse in adults is a crime in Indian law. Navtej states section 377 hinders Article 21 of the constitution of India. Which provides the Right to Sexuality and the Right to choose a sexual partner. Furthermore Navtej states section 377 violates the Right to Privacy. And is the main reason for the humiliation of the LGBTQ community in India by normal couples in India. In response, the Union of States argued that section 377 of IPC is for the prevention of child and animal abuse. The union of India also gave medical reasons like AIDS/HIV caused by homosexuality.

The supreme court finally ruled landmark to review section 377. And removing of all stigmas faced by the LGBTQ community in India.

Here the question arises is, is it, not the Union of India’s responsibility to review old laws, With growing new trends in society?

Case3

Naz Foundation vs Govt. of NCT of Delhi [2009]160 DLT 277

Naz Foundation is an organization, which filed a case in court regarding legalizing of homosexual love, which was criminalized by colonial British law under section 377, Which infringes the rights of LGBTQ people and creates discrimination against them in society. It further states that section 377 affects the Right to Privacy and the Right to Equality of LGBTQ community people in society and in legal matters.

The court ruled in this case that the Right to Dignity and Right to Privacy is guaranteed within the right to life and liberty under Article 14(Fundamental Right of Equality) of the constitution. The court delivered section 377 illegally and held judgment until parliament amended the law in favor of the LGBTQ community.

SUGGESTION/ SOLUTION

What needed to be done in India and around the world

By implementing the following, we can work towards a better future for the LGBTQ community

Legal Protection-: Advocacy should work to secure legal protection for LGBTQ individuals, including anti-discriminatory laws and hate crimes legislation. This can be achieved through lobbying lawmakers, filing lawsuits, and raising public awareness about the need for protection.

Education-: Education is a key to changing public attitudes towards LGBTQ individuals. Advocates should work to promote education and LGBTQ issues in schools and universities, as well as in the workplace and other public spaces.

Intersectionality-: LGBTQ individuals are not a monolithic group and face different forms of discrimination based on their intersectionality identities, such as race, ethnicity, religion, and disability status. Advocates should work to promote intersectional approaches to LGBTQ rights. Advocacy, ensuring that the needs and experiences of all LGBTQ individuals are taken into account.

Philosophy of inclusion-: The philosophy of inclusion should be at the heart of all LGBTQ rights advocacy. This means recognizing that LGBTQ individuals are part of a diverse and vibrant community and that their experiences and contributions are valuable and should be celebrated. It also means working to create inclusive spaces and communities that welcome and support LGBTQ individuals and all aspects of life.

LGBTQ community empowerment should be initiated.[8]

There have been several recent developments regarding LGBTQ rights and acceptance around the world. Here are a few examples:

Decriminalization of homosexuality: In recent years, several countries have repealed laws that criminalized homosexuality. For example, in 2018, India’s Supreme Court struck down a colonial-era law that criminalized gay sex, which was seen as a major victory for LGBTQ rights in the country. In 2019, Botswana’s High Court also decriminalized homosexuality, overturning a law that had been in place since the country’s colonial era.

Transgender rights: In some countries, there has been progress in recognizing and protecting the rights of transgender individuals. In 2021, the United States passed an executive order that extended federal protections against discrimination on the basis of gender identity or sexual orientation. Argentina has also been a leader in transgender rights, passing a law in 2012 that allows individuals to legally change their gender without undergoing surgery or hormone therapy.

Marriage equality: Marriage equality has been a major focus of LGBTQ rights advocates around the world. In recent years, several countries have legalized same-sex marriage, including Taiwan, Ireland, and Germany. In 2020, Costa Rica also legalized same-sex marriage, becoming the first Central American country to do so.

Challenges to LGBTQ rights: While there have been many positive developments in recent years, there are still many challenges facing the LGBTQ community around the world. In some countries, homosexuality is still illegal and punishable by imprisonment or even death. In other countries, there has been backlash against LGBTQ rights, with some groups and politicians advocating for restrictions on same-sex marriage or transgender rights.

Overall, there have been significant strides in recent years towards greater acceptance and rights for the LGBTQ community, but there is still much work to be done to ensure equality for all individuals, regardless of sexual orientation or gender identity.

CONCLUSION

From the above research, we can come to certain points that hatred towards the LGBTQ community is not new in human history. But we as a human should consider the growing trends regarding LGBTQ feelings in teenagers and should accept the love of gay love besides traditional male and female love. And should make laws in favor of each citizen’s rights and feelings.[9]

REFERENCES

[1] States With the Most Protections for LGBTQ Youth (usnews.com)

[2] What Does the Bible Say About Same Sex Marriage? Is it Sin? (whatchristianswanttoknow.com)

[3] Traditional Sex and Gender Stereotypes in the Relationships of Non-Disclosing Behaviorally Bisexual Men – PubMed (nih.gov)

[4] LGBTQ Rights in United Nation

[5] Types of sexuality and their definitions (medicalnewstoday.com)

[6] The Changing Landscape of Global LGBTQ+ Rights | Council on Foreign Relations (cfr.org)

[7] The Changing Landscape of Global LGBTQ+ Rights | Council on Foreign Relations (cfr.org)

[8] 13 steps to greater LGBT equality | Working in development | The Guardian

[9] Attitudes to gender and sexual diversity: changing global trends (theconversation.com)