Professional Documents
Culture Documents
Gay Marriage and Its Legitimization
Gay Marriage and Its Legitimization
ITS LEGITIMIZATION
CONTENTS-
SR. NO
TOPIC
PAGE NO.
INTRODUCTION
HISTORY
CONCLUSION
17
INTRODUCTION-
Same-sex marriage (also known as gay marriage) is marriage between two people of the
same biological sex and/or gender identity. Legal recognition of same-sex marriage or the
possibility to perform a same-sex marriage is sometimes referred to as marriage equality or equal
marriage, particularly by supporters. The legalization of same-sex marriage is characterized as
"redefining marriage" by many opponents.
The first laws enabling same-sex marriage in modern times were enacted during the first decade
of the 21st century. Introduction of same-sex marriage laws has varied by jurisdiction, being
variously accomplished through a legislative change to marriage laws, a court ruling based on
constitutional guarantees of equality, or by direct popular vote (via a ballot initiative or a
referendum).
The recognition of same-sex marriage is a political, social, human rights and civil rights issue, as
well as a religious issue in many nations and around the world, and debates continue to arise over
whether same-sex couples should be allowed marriage, or instead be allowed to hold a different
status (a civil union), or be denied such rights.
Same-sex marriage can provide same-sex couples who pay their taxes with government services
and make financial demands on them comparable to those afforded to and required of oppositesex married couples. Same-sex marriage also gives them legal protections such as inheritance
and hospital visitation rights.
Some analysts state that financial, psychological and physical well-being are enhanced by
marriage, and that children of same-sex couples benefit from being raised by two parents within
a legally recognized union supported by society's institutions. Court documents filed by
American scientific associations also state that singling out gay men and women as ineligible for
marriage both stigmatizes and invites public discrimination against them.
Same-sex marriages can be performed in a secular civil ceremony or in a religious setting.
Various faith communities around the world support allowing same-sex couples to marry or
conduct same-sex marriage ceremonies; for example: Buddhism in Australia, Church of Sweden,
Conservative Judaism, U.S. Episcopalians, Humanistic Judaism, Native American religions with
a two-spirit tradition, Druids, the Metropolitan Community Church, Quakers, Reconstructionist
Judaism, Reform Judaism, Unitarian Universalists, the United Church of Canada, the United
Church of Christ, and Wiccans, as well as various other progressive and modern Christian,
Muslim, Hindu, Buddhist, and Jewish groups and various minor religions and other
denominations.
WHAT IS the same-sex marriage debate about? It is not about whether same-sex relationships
can involve the content of marriage: few would deny that gays and lesbians are capable of
friendship, intimacy, meet and happy conversation, and mutual responsibility, nor that they can
have and raise children (whether their own from a previous marriage, children created within
their relationship by surrogacy or artificial insemination, or adopted children). Certainly none
would deny that gays and lesbians are capable of sexual intimacy.
Nor is the debate, at least currently, about the civil aspects of marriage: we are moving toward a
consensus that same-sex couples and opposite-sex couples ought to enjoy equal civil rights. The
leaders of both major political parties appeared to endorse this position during the 2008
presidential campaign, although only a handful of states have legalized civil unions with material
privileges equivalent to those of marriage.
HISTORY ANCIENTThe first historical mention of the performance of same-sex marriages occurred during
the early Roman Empire according to controversial historian John Boswell. These were
usually reported in a critical or satirical manner. The first Roman emperor to have
married a man was Nero, who is reported to have married two other males on different
occasions. In 342 AD Christian emperors Constantius II and Constans issued a law in the
Theodosian Code (C. Th. 9.7.3) prohibiting same-sex marriage in Rome and ordering
execution for those so married.
MEDIEVALA same-sex marriage between the two men Pedro Daz and Muo Vandilaz in the
Galician municipality of Rairiz de Veiga in Spain occurred on 16 April 1061. They were
married by a priest at a small chapel. The historic documents about the church wedding
were found at Monastery of San Salvador de Celanova.
MODERNDuring the Victorian Era, two women cohabiting were termed a Boston marriage. Many
countries have now legitimized gay marriage. However, many countries have still not
accepted gay marriages.
GAY MARRIAGE AROUND THE WORLD DENMARKOn 7 June 2012, the Folketing (Danish parliament) approved new laws regarding samesex civil and religious marriage. These laws permit same-sex couples to get married in
the Church of Denmark. The bills received Royal Assent on 12 June and took effect on 15
June 2012. Denmark was previously the first country in the world to legally recognize
same-sex couples through registered partnerships in 1989.
NETHERLANDSThe Netherlands was the first country to extend marriage laws to include same-sex
couples, following the recommendation of a special commission appointed to investigate
the issue in 1995. A same-sex marriage bill passed the House of Representatives and
the Senate in 2000, taking effect on 1 April 2001.
In the Netherlands' Caribbean special municipalities of Bonaire, Sint Eustatius and Saba,
marriage is open to same-sex couples. A law enabling same-sex couples to marry in these
municipalities passed and came into effect on 10 October 2012. The Caribbean
countries Aruba, Curaao and Sint Maarten, forming the remainder of the Kingdom of
the Netherlands, do not perform same-sex marriages, but must recognize those performed
in the Netherlands proper.
UNITED KINGDOMSince 2005 same-sex couples have been allowed to enter into civil partnerships, a
separate union providing the legal consequences of marriage. In 2006 the High Court
rejected a legal bid by a British lesbian couple who had married in Canada to have their
union recognised as a marriage in the UK rather than a civil partnership.
In September 2011, the Coalition government announced its intention to introduce samesex civil marriage in England and Wales by the next general election in May 2015.
However, unlike the Scottish Government's Consultation, the UK Government's
Consultation for England and Wales did not include provision for religious ceremonies.
In May 2012, three religious groups (Quakers, Liberal Judaism and Unitarians) sent a
letter to David Cameron, asking that they be allowed to solemnise same-sex weddings.
In June 2012 the UK Government completed the Consultation to allow civil marriage for
same-sex couples in England and Wales.
UNITED STATES OF AMERICAOn 26 June 2013, the Supreme Court ruled it unconstitutional for the federal government
of the United States to deny federal benefits of marriage to married same-sex couples, if
it is recognized or performed in a state that allows same-sex marriage. Same-sex couples
can legally marry in nineteen states as well as a few other jurisdictions (Arkansas,
California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Iowa, Maine, Maryland,
Massachusetts, Minnesota, New Hampshire, New Jersey, New Mexico, New York, Rhode
Island, Vermont, and Washington, and the District of Columbia, and several Native
American tribes, and receive state-level benefits.
Several states offer civil unions or domestic partnerships, granting all or part of the statelevel rights and responsibilities of marriage. Twenty-eight states have constitutional
restrictions limiting marriage to one man and one woman.
that such a change to ACT legislation could not operate concurrently with the federal
Marriage Act.
The federal Labor Party government officially changed its position to allow a conscience
vote on same-sex marriage in 2011, despite then-Prime Minister Julia Gillard's opposition
to such a vote. The Liberal Party is opposed to same-sex marriage, and its leader Tony
Abbott said he will block a conscience vote on the issue.
Arguments by those who don't want it to be legalizedThis is more of a religious debate than a political one. Large number of people especially
in India are opposing it, as they say it is unnatural, uncouth and immoral. Prime Minister
Mr. Manmohan Singh on asking what he thought about the Canadian law of homosexual
marriages he replied that it is not appreciated. Those people who are opposing it base
their arguments on religious and natural law belief. Some people don't consider them as
natural because they do not produce kids. Is it sacred if gay marriage is allowed God
created Adam and Eve, we never find statements in Genesis about Adam and Steve. Why
break God's law by allowing gay marriage?
If nature wanted same-sex people to live together, there would only be one sex rather
than different sexes. Our society is based on opposite sex marriage. If gay marriage is
OK, then why can't I marry my cousin, or my sister, or my cat. I have the same rights as
gays or are they now above the rest of us. Don't forget that the law is specific on this. It
was created to keep the fabric of society together. It goes against the laws of the land that
have been used for hundreds of years and were based on the basis of the commandments.
Why should it be legalized?Arguments in favour of Decriminalizing Homosexuality- Gay and lesbian rights activists
from various parts of the countries were protesting for their rights and for decriminalizing
the homosexual conduct. There is a big debate in our country too- whether it should be
Why There Is Need For Legal RecognitionA recent study of sexual practices in rural India by the United Nations Population Fund
(UNFPA) found that `male-to-male sex is not uncommon. In fact a higher percentage of
men in the study reported having male-to-male sex than sex with sex workers. This was
true of both married as well as unmarried men. Close to 10 per cent unmarried men and 3
per cent married men reported having had sexual intercourse with other men in the past
12 months." The survey covered 50 villages in five districts of five states with feedback
on sexual practices from close to 3,000 respondents and in- depth interviews on intimate
habits from 250 people. The data is indicative of a reality the government is either unable
or unwilling to see.
Love is love. The real threat to marriage is the alarmingly high divorce rate. Marriage is
also a legal joining of two individuals. People who are not religious choose to get married
in a registry office and not in church. Marriage shows the strongest commitment you can
make to one another. Gay men and lesbians are just as human and have the same needs
and desires as heterosexual human beings. I fail to see what God has to do with this
Marriage in this instance is not religious, but a legal joining. Getting married is the
ultimate way of showing your love and commitment to your partner, so why should gay
people be deprived of this right. Who are we to sit and judge anyway. Same sex
marriages should be legalized. If people find gay relationships contrary to their religion,
it is up to them to refrain. Those who do not share their religious opinions should be free
to make their own choice on this as on other issues. Gay men and lesbians are just as
human and have the same needs and desires as heterosexual human beings.
The argument that same sex marriages should not be made legal "because they do not
produce kids" is ridiculous. Should heterosexual couples over 50 not be allowed to marry
as they cannot produce kids either? If two people love each other and want to unite their
destinies, then it is a beautiful thing which should be celebrated. Whether it is called
"marriage" or "life pact" does not matter. Same-sex unions harm no one; one's support or
opposition to this is a matter of personal belief and morality, with which the government
has no business to interfere.
The universality of Human rights demands that prevailing and dominant cultural and
social norms cannot be invoked in a manner as to circumvent or restrain fundamental and
constitutional rights. If we were to accept the government's arguments in the Delhi high
court case, then many of the progressive legislations in my country would never have
been enacted. For example, even today there are many men who think that tradition gives
them a right to beat up their wives, or that they deserve to get a very fat dowry just
because they were born with a penis. If we give in to these cultural beliefs, then there is
nothing to turn round the legislations that we have made to stop violence against women
or dowry and dowry related deaths.
CONCLUSIONOn the basis of the whole discussion on the aspect of same sex marriage that is should it be
legalized or not. This is more of a religious debate then a political one. In which I have given my
arguments in favour of decriminalizing it, I finally conclude by saying that homosexuality is not
an offence, it is just a way of pursuit of happiness, a way to achieve sexual happiness or desire. I
can see absolutely no reason, apart from blind prejudice, which prevents two gay people going
through a civil ceremony which will give them the rights and securities which heterosexual
couples enjoy.
Marriage is a sign of commitment and love. If two men or two women want to show that
commitment, how does that destroy or damage the ideals of marriage. In my view, it clearly
demonstrates it. Aren't we living in an age which respects the individual's right to choose Isn't
India supposed to be the land of the free In our society people have branded homosexuals as
queer. Yet homosexuality is not new nor is it against the Indian culture, it has always existed and
with much lesser prosecution, that under Section-377 of the IPC, which is based on British
Offences against the Persons Act.
What should be the right approach to deal with same sex marriages, the issues are quite vast and
complex. However, the desirability and feasibility of such an approach remain to be ascertained.
In any event there is a growing conviction that our present method of criminalizing the same sex
sexual activity neither helps the homosexuals nor protects the society in general. We thus need to
legitimate same sex marriages in order to move forward in the direction of human rights