A Research Paper

ON
Law & Morality of Suicide & Homosexuality

CERTIFICATE

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The report is hereby approved as a bona fide and creditable research paper on
“Law & Morality Of Suicide & Homosexuality” carried out and presented by
Jaya Vats bearing Enrollment I.D 2318FLICDDN01049 in a manner to warrant
its acceptance in partial fulfillment of the required credits for the degree of
Masters of Law. However, the undersigned do not necessarily endorse or take
responsibility for any statement or opinion expressed or conclusion drawn there
in, but only approve the report for the purpose for which it is submitted.

Submitted to:- Submitted by:-

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ACKNOWLEDGEMENT

I express my gratitude to all those who helped me to prepare and complete my

research paper entitled “Law & Morality of Suicide & Homosexuality”. First
of all, I convey my deep gratitude and heart full thanks to Prof. (Dr.) (Teacher
name)., for his inspiration, cooperation and encouragement for pursuing my
research work. His valuable suggestion and guidance helped me a lot to
complete my work in this institution with in a very short period.

I render my sincere respect and heart full gratitude to Prof.(Dr.)Monica

Kharola, Dean Faculty Of Law And Governance , ICFAI University,
Dehradun. I am also thankful to all the faculty members, for their valuable
suggestion towards completing the dissertation work. I am also grateful to all
my friends.

Last but not least, I am really ever grateful to my parents, who remained a
constant source of encouragement and inspiration during the completion of
this work successfully in ICFAI University, Dehradun.

Jaya Vats

E.ID:- 23FLICDDN01049

Subject

ICFAI University, Dehradun

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DECLARATION

I, Jaya Vats, Enroll No 23FLICDDN01049, a student of LL.M. of Law and

Governance, ICFAI University, Dehradun, do hereby declare that this research
paper is an original work and has not been submitted to any other institution
of learning or university for the award of any degree. The text reported in
research paper is the outcome my own efforts and no part of this paper has
been copied in any unauthorized manner and no part in it has been
incorporated without due acknowledgment. I have not infringed copyright of
any other author.

Place.………………… JAYA VATS

Date.…………………. Enroll no. 23FLICDDN01049

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Contents

1. INTRODUCTION 7 to 9

2. SUICIDE AND HOMOSEXUALITY 9 to 30

3. CASE STUDY 31 to 33

4. AMENDMENT 34

5. REPORT RELATED TO HOMOSEXUALITY IN INDIA 35 to 36

6. JUDGEMENT 37 to 38

7. SEXUAL ORIENTATION 39 to 66

8. DIFFENENT VIEW ON HOMOSEXUALITY 67 to 70

9. CONCLUSION 71 to 72

10. BIBLIOGRAPHY 73 to 74

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Abbreviation

IPC INDIAN PENAL CODE

LGBTQ (Lesbian, Gay, Bisexual, Transgendered, Queer)

NACO National Aids Control Organization

HIV Human Immunodeficiency Virus

AIDS Acquired Immunodeficiency Syndrome

STD Sexually Transmitted Disease

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Law & Morality Of Suicide & Homosexuality

Introduction:

In ancient times there was no discipline between law and morals. The Hindu
jurists in ancient India did not make any distinction between law and morals.
However, as time crept by some distinction came into existence. The people not
only pointed out the distinction but also dropped in actual practice those rules
which were based purely on morals. The doctrine of ‘factum valet’ was
recognized. This doctrine means that an act which is in contravention of some
moral injunction should be considered valid if accomplished in facts. In its
decisions, the Privy Council made a distinction between legal and moral
approaches. The same is the case with Supreme Court of India.

There is a distinction between Law and Morals. Vinogradoff writes “Law is

clearly distinguishable from morality, the object of law admission of the
individual to the will of the organized society while the tendency of morality is
to subject the individual to the dictates of his conscience”. Pound observes
“Law and morals have a common origin but they diverge in development”.
Arndts writes that there are four points of difference between law and morals:

1. In law, man is considered as a person because he has a free will. In morals,

we have to do with determining the will towards the good.

2. Law considers man only in so far as he lives in community with others,

morals give guide to lead him even if he were alone.

3. Law has to do with acts in so far as they operate externally, morals look to
the intention, the inner determination and direction of the will.

4. Law governs the will so far as it may by external coercion, morals seek a free
self-determination towards the good.

Thus, we can clearly witness from the above differences between law and
morality that law is the external conduct of an individual, it has got nothing to

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do with the intention, conscience or any other internal accomplishments of a
conduct. Morals do not require any external conduct.

Relationship Between Law And Morality With Special Emphasis On Indian

Penal Code:

Law maybe different from morality but one can also not ignore the fact that
morality can also not be completely detached or divorced from law. It will not
be a false statement that law has developed from the ashes of morality. Law at
all times and places has in fact been profoundly influenced both by
conventional morality and ideas of particular social groups and also by the
forms of enlightened moral criticism of those people whose moral horizon has
transcended the morality currently accepted. Therefore, if we club all these
views in mind then it will be no wrong to say that though law and morality are
distinguishable, morality in some way is the integral part of the Law. As a
matter of fact, the Indian Constitution is itself an crystal clear example, our
Fundamental Rights (Part III Articles 12-35), Directive Principles Of State Policy
(Part IV, Articles 36-51), all these are having the base of morality and that
morality is moulded and shaped in the form of law so that it can be enforced
and implemented by each and every citizens of India. Therefore, with the
advent of time the terms like ‘natural Justice’, Justice, Equity, Good Faith and
Conscience have infiltrated into the fabric of law.

The special emphasis is been given to the Indian Penal Code, 1860. Morality is
the latent ingredient of almost every Section. To establish a criminal liability we
need two basic ingredients, namely, ‘mens rea’ and ‘actus reus’, and a basic
latin term ‘Actus non facit reum nisi mens sit rea’. Mens rea itself means
wrongful intention, mala fide intentions or more precisely the guilty mind.
Intentions hereby mean the consequences of the act, or a conscious exercise of
mental faculties of a person to do an act, for the purpose of accomplishing or
satisfying a purpose. The legal maxim means, an act is not an offence if done
without a guilty mind. Here wrongful intentions, mala fide intention means

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execution of malicious actions, therefore we can also say that execution of an
act by wrongful conduct, the conduct can only be wrongful if we are doing an
act which is immoral. Wrongful intention definitely means an thought of an
immoral task. There are ample number examples itself in the IPC to prove this
very statement. The actus reus here means a wrongful act.

If we look at the introductory sections of the IPC we will witness that the word
‘intention’ has been used in various ways. Section 34 “Acts done by several
persons in furtherance of a common intention” here also by act the statute
means ‘wrongful act’ and that too accompanied with common intention.
Therefore, an immoral act accompanied with the immoral intention makes it a
crime. Not only Section 34 but Section 35 uses the term ‘being done with
criminal knowledge or intention’. IPC has also incorporated the sections for
Murder, Culpable homicide, theft, rape etc, is it immoral to do all these ‘acts’?
Yes indeed it is immoral to perpetrate such acts. All these Sections are having
the term intention though intention is nowhere defined in the IPC but its
relevance is of utmost importance and so is the importance of moral and
immoral acts. One more example, which would clear the relevance of
MORALITY in IPC, is Section 52 which defines ‘Good Faith’. Good Faith here
means any act done with bona fide intentions for a bona fide motive, and the
person who does so believe it to be of moral character if due care and attention
is taken. Hence it will be no wrong to say that morality has a close relation with
Indian Penal Code and is a latent ingredient of this very statute.

Suicide And Homosexuality :

Suicide: Suicide (self killing) is the act of ending one's own life. It is considered
a sin many religions and a crime in some jurisdictions. On the other hand,
some cultures have viewed it as an honorable way to exit certain shameful or
hopeless situations. On an individual level the meaning of suicide varies across
a range of common themes. Simply seeking an end is uncommon. Stated

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reasons include concepts such as a reunion with the dead, a need for change
from an unbearable situation, or a desire to cause pain through causing
remorse or grief. Multiple motives are common.

Under the psychological definition of suicide, it is a symptomatic act connected

most frequently to the framework of depression and melancholy. It is
characterized by the collapse of the ego, along with self-reproach, loss of self-
esteem, as well as the inability to tolerate reality. Later psychoanalytic thought
on suicide followed the main idea of Sigmund Freud on the subject, that
suicide is mainly an act of self punishment.

In India, attempted suicide is a punishable offence as per Section 309 of the

IPC. The Law Commission has recommended to the Centre that it repeal the
anachronistic law, contained in Section 309 of the Indian Penal Code, making
attempt to suicide a punishable offence. The Commission, headed by Justice
A.R. Lakshmanan, in its 210th report submitted to the government said “It is
unreasonable to inflict punishment upon a person who, on account of family
discord, destitution, loss of a dear relation or cause of a like nature, overcomes
the instinct of self-preservation and decides to take his own life. In such a case,
the unfortunate person deserves sympathy, counseling and appropriate
treatment, and certainly not the prison. Section 309 needs to be effaced from
the statute book because the provision is inhuman, irrespective of whether it is
constitutional or unconstitutional.”

The bone of contention is that whether this Section is violative of Article 21 of

the Indian Constitution or not. This red-hot topic is still a subjective but not a
conclusive topic. Section 309 was also held unconstitutional in the Shripati
case, moreover in the case of R.C.Cooper vs Union Of India the same
judgement was given that the Section 309 is violative of Article 21. In the case
of P.Rathinam vs Union Of India a division bench of the Supreme Court

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supported the HC ruling and struck down Section 309 as unconstitutional on
the grounds that it amounted to punishing the victim twice over.

But in the case of Gian Kaur vs. State of Punjab, a five judge Constitutional
Bench held that the "right to life" is inherently inconsistent with the "right to
die" as is "death" with "life". In furtherance, the right to life, which includes
right to live with human dignity, would mean the existence of such a right up
to the natural end of life. It may further include "death with dignity" but such
existence should not be confused with unnatural extinction of life curtailing
natural span of life. In progression of the above, the constitutionality of Section
309 of the I.P.C, which makes "attempt to suicide" an offence, was upheld,
overruling the judgment in P. Rathinam's case.

According to Webster's Dictionary of English Language (1988:420), suicide is

“the taking of one's own life; ruin brought on by ones' own actions”. It entails
the direct and deliberate taking of one’s life done on one's authority. The act
must itself be deliberate and intentional. Bonheoffer (1955:123-124) defines
suicide as “the ultimate and extreme self justification of man as man, and it is
therefore from the purely human stand point, in certain sense even the self
accomplished expiation for a life that has failed”. Suicide involves man's
attempt to give a final human meaning to a life that has become humanly
meaningless.

Sociological View of Suicide

Suicide is widely belief to be an individual act. To sociologists suicide is more

than just an individual act, but a function of the individual and the society.
Durkheim argued that particular circumstances could lead to a person taking
his or her life, but personal reason may not adequately explain suicide rate.

According to Taylor (1990), suicide can be classified into four, viz:

submissive, thanatation, sacrifice and appeal suicides. Submissive suicide
occurs when an individual is so certain about their life, believing that life is

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over and that there are dead alive. Consequently they submit to death by
killing themselves. Thanatation suicide is the opposite of submissive suicide. It
occurs when individuals are uncertain about themselves and their life.
Sacrifice occurs when an individual feels he/she is treated unfairly or other
have made their life unbearable. Victim of this type of suicide attribute the
cause of their actions death to others. Appeal suicides occur when an
individual is feeling uncertainty over other members of society’s or social
groups’ attitude towards them

Arguments for Suicide

As noted earlier, opinion differs on the subject matter of suicide as could be

examined in turn below. There are those whom though see suicide as morally
wrong, still create obligatory grounds to commit suicide and advanced some
arguments with moral backups in favour of suicide. Thus giving us the chance
of raising the question whether man has the moral right to die or take his or
her life.

Moral Right to Die

Suicide is one of the ways in which people can exercise a right to die, refusal to
eat, to life saving device, are some other methods victims of terminal and
debilitating sickness, severe accident injuries, burn victims resort to, and claim
they have a right to die of which any prevention of their intention to die is seen
as a breach of their right to die. Accordingly Slater (1990:88), a British
psychiatrist opines “that individuals do have a right to die and that some
people with mental illness or an incurable physical illness may wish to exercise
the right and should be allowed to do so. Reasons being that the chances of
such people recovering from such illness is bleak rather with surmounting
assurance that they will die hence be allowed to exercise a right to die in order
to prevent avoidable suffering. Satris (1988:89) argues “Suicide is probably the
most obvious way in which a right to die can be exercised, but we should also
include cases in which people who refuse life saving or life-preserving medical

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techniques and subsequently die. Some people (example victims of terminal
diseases, severe fire burn) refuse even food, with the idea that death will
result...many people in these circumstances claim that they have a right to die,
and they view the intervention of others even to help as an invasion and an
intrusion upon their right.

Argument against Suicide

Every society has cultural prescriptions intended to be adhered to by its

members. Unfortunately, not all do so. Consequently, the non-adherence to
cultural prescriptions gives rise to deviant behaviour. As a result, the ideal of
what to do and not to do, why certain behaviour patterns are to be preferred to
certain others are as old as man. Therefore, having looked at the arguments in
favour of suicide,

Suicide is Unhealthy Approach to the Problems of Life

Most people who opt to die are somehow begging for help in order to solve the
problems of life. “If a man really does not wish to live, then we think he must
be insane, and unfit therefore, to decide his own fate. It becomes our duty to
save him first to save his life and then to cure his melancholy” (Slater cited in
Satris, 1988:90). The import from the above is that the depressive situation
occasioned by frustration, losses, shame, fear etc are not enough to warrant
ones to commit suicide. After all there are societal approved means of coping
with human problems not suicide.

Suicide is Against the Law of Self-Preservation

This argument proceeds from man's natural instinct of self-preservation so;

killing oneself is a direct negation of this natural law of self. Egoists desire for
self-promotion have the following in mind:

- Desire for one's own happiness

- Desire for self-preservation

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- Desire for self-respect

- Desire to be a self of a certain kind

 Suicide under IPC

Suicide is the act of putting end to one’s own life. Suicide is no crime
under the Indian Penal Code. When one attempts to commit suicide and
fails it, that is punishable under the Indian Penal Code. It means when a
person fails to commit suicide because of any reason only then Section
309 of Indian Penal Code will apply.

This section interprets that State has a duty to save person lives as they
are valuable to them. The state is under the obligation to protect them
and prevent them from dying.

Attempt to commit suicide can be because of many reasons. An attempt

under section 309 of Indian Penal Code implies a voluntary action
towards suicide. An attempt should be intentional and voluntary. The
main ingredient of Section 309 of IPC is that it should be a voluntary
attempt of self-destruction. Thus, if a person falls in a well by mistake, or
takes an overdose of medicine he or she can not be guilty under Section
309 of IPC.

Reasons Of Suicide

In India, people attempt to suicide for many reasons. It can be anything like
depression, mental illness, financial difficulties, bullying etc. But every reason
leads to one thing that is depression. “If a person is sad for more than 2 weeks,
then it can lead to depression”- said by Dr. Solanki, Depression is the leading
cause of suicide. Suicide can be prevented easily if government works for the
victim and the society. The government can effort treating the mental disorder

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by providing proper institutions for people who are depressed or who are
mentally ill.

Attempt to commit suicide is a crime in India. Indian Penal Code states act of
suicide as a crime. Section 309 of Indian Penal Code provided punishment if
anyone attempts to commit suicide or does any act towards the commission of
such offense. He or she shall be punished with simple imprisonment for a term
which may extend to 1 year or with fine or with both.

Constitutional validity of Right to Die

The constitutional validity of Right to Die under Article 21 came before court
many times. Article 21 of the Constitution of India states “No person shall be
deprived of his life or personal liberty except according to procedure
established by law.”

It gives right to life and liberty. But does article 21 includes right to die too?
The question came first time before the Bombay High Court in State of
Maharashtra v Maruti Shripati Dubal. In this case, the Bombay High Court
held that under Article 21 which guarantees right to life does include right to
die as well and laid down that section 309 unconstitutional.

Again in P Rathinam v Union Of India a Division Bench of Supreme Court

supporting the decision of the High Court in State of Maharashtra v Maruti
Shripati Dubal held Article 21 unconstitutional and held that right to life does
include right to die as well.

However, this issue again raised before the Five-Judge Bench Supreme Court
in Gian Kaur v State of Punjab. In this case, the supreme court overruled the
decision of P. Rathinam case and held that Right to life does not include Right
to die in Article 21 and hence Section 309 of IPC is constitutionally valid.

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Supreme Court held that Right to life does not include Right to die as life and
death are inconsistent with each other. Any aspect which dignifies the life may
be included but not that which extinguishes it.

Present Situation of Section 309 of IPC

Presently, the punishment is waived off and Section 309 of IPC has been
decriminalized. This does not mean to promote suicide, it is to help the people
who are suffering from depression or mental disorder. It’s a decade-long
argument about the right to die should be constitutional or not. Arguments
that favor of decriminalization of section 309 was that it is a monstrous act to
inflict further suffering of a man who is already in depression that he decides
to end his life. It is unjust to inflict punishment on such a person. This act of
decriminalization of the offense is not an invitation or encouragement to
attempt to commit suicide. It is to treat them with care and not punish them
further.

Homosexuality:

Homosexuality, as a sexual orientation, is defined as "an enduring pattern of or

disposition to experience sexual, affectional, or romantic attractions primarily
to" people of the same sex, it also refers to an individual’s sense of personal
and social identity based on those attractions, behaviors expressing them, and
membership in a community of others who share them."

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According to section 377 of the Indian Penal Code drafted in 1860, whoever
voluntarily has carnal intercourse against the order of nature, with any man,
woman or animal shall be punishable with imprisonment for life or with
imprisonment of either description for a term which may extend to ten years
and shall also be liable to fine. IPC 377 criminalizes any penetrative sex that is
unnatural and does not lead to reproduction, thereby criminalizing sexual
expression by homosexuals, bisexuals and transsexuals. Suggestions that
Section 377 would be reviewed coincided with hundreds of members of the
LGBT (lesbian, gay, bisexual, transgendered) community dancing and
marching through the streets of five Indian cities to mark the 40th anniversary
of the Stonewall uprisings in New York, now a universal symbol of gay
resistance to obscurantist oppression. Tracing down public opinion favoring
abolishment of section 377 IPC as well as public pressure put on the
government for the cause, in February 2006, the Supreme Court ordered the
High Court to reconsider the constitutional validity of Section 377. The Naz
Foundation petition was supported by Voices Against 377, comprising 12
organizations across the country. NACO (National Aids Control Organization)
demanded the scrapping of Section 377 as it was obstructing effective health
interventions. The 172nd report of the Law Commission of India and the
recommendations of the National Planning Commission for the 11th Five Year
Plan also demanded decriminalization of homosexuality. In the last two
decades, LGBT activism played a major role in creating awareness on the issue.
In 2006 writer Vikram Seth released a public letter demanding that the cruel
law be struck down. The letter was supported by a large number of signatories
including Captain Lakshmi Sehgal, Aruna Roy, Soli Sorabjee, Shyam Benegal,
Shubha Mudgal, Arundhati Roy, Aparna Sen, Mrinalini Sarabhai and
demanded the scrapping of the brutal law that punitively criminalises romantic
love and private, consensual sexual acts between adults of the same sex while
being used to systematically persecute, blackmail, arrest and terrorize sexual
minorities.

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Homosexuality refers to sexual interaction between individuals of the same
gender. The term "gay" is used predominantly to refer to self-identified
homosexual people of either sex. "Lesbian" is a gender-specific term that is only
used for self-identified homosexual females. Bisexuality refers to individuals
who are comfortable with both heterosexual and homosexual relationships.

Homosexuality has been widely maligned as deviant or sinful behavior in most

cultures, attitudes stemming from religious and philosophical ideas about what
behaviors are in accord with nature and natural law. On the other hand, many
cultures throughout history have had specific socially sanctioned roles for
erotic love and sexual expression between individuals of the same sex. Today
attitudes towards homosexuality are changing from hostility to tolerance, as
efforts are made to combat homophobic prejudice, to end discrimination, and
to ensure the civil rights of all people irrespective of their sexual orientation.

Nevertheless, the topic has become one of great controversies of the twenty-first
century. On the one hand, gay activists and many liberals regard
homosexuality as an innate condition; they believe that homosexual behavior
should be accepted as within the range of the diverse ways human beings
express sexual love. They believe society should protect homosexuals as a civil
rights issue. On the other side, many conservatives and religious people regard
homosexuality as a deviant state and same-sex relations as outside the norm of
what should be acceptable behavior. They regard homosexual behavior as a sin
and believe society should treat it as a moral issue.

The causes of homosexuality are as yet unclear, and may be a complex of many
factors. Same-sex attraction can be a powerful force that neither religious
teachings nor will-power can defeat. Mainstream psychology has come around
to the view that homosexuality is an innate condition, although a dissenting
minority regard it as a disorder and have developed specialized therapies that
can enable those who are willing to deal with their same-sex attraction and
settle into a heterosexual lifestyle.

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These days, most homosexuals at first struggle against but eventually choose
to accept their proclivity for the same sex as a part of their identity. In so
doing, they may have to overcome social and familial disapproval, religiously
based guilt, and personal shame. Some decide to openly identify themselves as
"gay"; others choose to remain "in the closet," in keeping with the discretion
that most heterosexuals practice in concealing their sex lives.

People whose value system is rooted in religion continue to see homosexual

behavior, like all sexual behavior, as a moral issue. Morality is rooted in the
responsible use of one's freedom to refrain from acting on illicit sexual urges—
whether heterosexual or homosexual. Some churches condemn the
homosexual lifestyle by its most unsavory aspects, like sprees with many
partners. However, their judgment would be hypocritical unless they were
equally opposed to the promiscuous behavior that has become so
commonplace and accepted among heterosexuals. A consistent biblically based
standard is that sexual activity is only appropriate to (heterosexual) marriage

Contents :-

1. Modern Prevalence of Homosexuality

2. Contemporary Controversy over Homosexuality

2.1 Range of beliefs

2.2 Gay Rights Movement

2.3 Gay marriage and civil unions

2.4 Health and behavioral issues

2.5 Gays in the military

3.1 Nature

3.1.1 Physiological differences

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 3.1.2 Homosexual behavior in animals

3.1.3 Genetic studies

3.1.4 Prenatal hormonal theory

1. Modern Prevalence of Homosexuality

Estimates of the modern prevalence of homosexuality vary considerably. They

are complicated by differing or even ambiguous definitions of homosexuality,
the stigma associated with homosexuality, frequent use of non-random
samples, and by fluctuations over time and according to location.

The controversial Kinsey Reports of 1948 found that 37 percent of males in the
United States had had some sexual experience with other men, and that four
percent had always been exclusively homosexual. Among women, Kinsey found
between two percent and six percent had "more or less exclusively" homosexual
experience. His results, however, have been disputed, and follow up studies
claimed that much of Kinsey's work was based on convenience samples rather
than random samples, and thus would have been vulnerable to bias. "His
figures were undermined when it was revealed that he had disproportionately
interviewed homosexuals and prisoners (many sex offenders)."

2. Contemporary Controversy over Homosexuality

Societal attitudes towards same-sex relationships, reflected in the attitude of

the general population, the state and the church, have varied over the
centuries, and from place to place. They have ranged from acceptance and even
encouragement of pederasty relationships (as in Ancient Greece), to seeing the
practice as a major sin deserving of repression through law enforcement and
judicial mechanisms, even proscribing it under penalty of death.

Today many people argue for social acceptance and legal recognition of same-
sex relationships, believing that homosexuality is an inborn trait. This is the
position of the American Psychiatric Association, which since 1973 has rejected

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the view that homosexuality is a mental disorder and has called for society to
respect homosexual rights. Many others still maintain the traditional view that
homosexuality is a sin, the result of a choice to indulge in immoral behavior.
For most religious-minded people, same-sex relationships are incompatible
with their beliefs and world view.

1.1 Range Of Beliefs

Controversy over the issue of homosexuality became acute in the United States
as the success of the Gay Rights Movement brought with it social and legal
pressures to tolerate and accept behavior that a majority of the population had
traditionally regarded as sinful and/or deviant. To draw the issue sharply:
Many believe that the root cause of homosexuality is genetic, like left-
handedness. Therefore a homosexual cannot be held morally responsible for
his or her sexual orientation, and cannot be expected to change it. Having
subjected them to discrimination in the past, society should now treat
homosexuals as a discriminated minority in need of legal protection and civil
rights, in the same manner as civil rights were guaranteed to African-
Americans.

Questions: The most conservative view the most liberal view

What homosexuality is a chosen lifestyle, and an identity formed around it.

An innate orientation that one does not choose.

What causes it Multiple causes including: poor parenting, sexual molestation

during childhood, demon possession. Addiction traps them in the lifestyle.
Genetic causes plus unknown environmental factor in early childhood which
"turns on" the gay gene(s). At what age can it be detected During the
teenage years, after puberty, when it is chosen. Same-sex orientation can be
detected in pre-school children.

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Is it a sin? Yes, a most serious sin, endangering the family and social stability.
No, since there is no choice, there is no sin. Safe and consensual relationships
are not inherently sinful.

Is it natural? It is unnatural and deviant, violating the principle of male-

female relationships found throughout nature. It is normal and natural for a
minority of humans, just as it is found in a minority of animals and birds of
many specie Can sexual preference be changed? Yes, through counseling,
reparative therapy and prayer. Yet requires great effort because it is so
addictive. No. Sexual orientation is fixed from birth. Therapy is ineffective
and potentially dangerous, leading to depression and suicide.

Are anti-discrimination laws beneficial? No. Granting special privileges

to a group defined by their moral choice is wrong. It can encourage more youth
to embrace homosexuality. Yes. Homosexuals are a discriminated-against
minority in need of protection.

Should same-sex couples be permitted to marry? No. By changing the

time-honored basis of marriage, permitting same-sex marriages threatens
regular families and thus the stability of society. Yes. Official recognition of
their relationship and government benefits that come with it are a fundamental
civil right. (you can add recent judgement)

2.2 Gay Rights Movement

Although homosexual acts were decriminalized in some parts of the Western

world, such as in Denmark in 1933, in Sweden in 1944, in the United Kingdom
in 1967, and in Canada in 1969, it was not until the mid-1970s that
homosexuals first began to achieve actual, though limited, civil rights in
developed countries. A turning point was reached in 1973 when, in a vote
decided by a plurality of the membership, the American Psychiatric Association
removed homosexuality from the Diagnostic and Statistical Manual of Mental

22
Disorders, thus negating its previous definition of homosexuality as a clinical
mental disorder. In 1977, Quebec became the first state-level jurisdiction in the
world to prohibit discrimination on the grounds of sexual orientation.

Today the Gay Rights Movement in the United States is highly organized and is
working through the legal system and political process to secure complete civil
rights for homosexuals in matters of employment, adoption, inheritance rights,
up to and including gay marriage.

For moderate and conservative religious-minded people, the activism of the Gay
Rights Movement in seeking civil rights for themselves up to the point of civil
unions may be tolerable, but it becomes objectionable and even threatening
when the legal changes they propose alter of the meaning and purpose of
marriage, which affects everyone. They maintain that marriage is a specific
institution designed as the union of a man and a woman, as a foundation for
parenthood and the establishment of a family

2.3 Gay Marriage And Civil Unions

Legislation designed to create provisions for gay marriage in a number of

countries has polarized international opinion and led to many well-publicized
political debates and court battles. By 2006, the Netherlands, Belgium, Spain,
Canada, and South Africa had legalized same-sex marriage; in the United
States, only Massachusetts had legalized gay marriage while the states of
Vermont, Connecticut, and New Jersey allowed civil unions. Maine, California,
and Hawaii, as well as the District of Columbia, offered domestic partnerships.

The majority of European nations have enacted laws allowing civil unions
designed to give gay couples similar rights as married couples concerning legal
issues such as inheritance and immigration. In the United States, the framing
of the debate around marriage rather than civil unions may have been partly
responsible for the defeat of a number of measures by sparking opposition from
many conservative and religious groups.

23
2.4 Health And Behavioral Issues

Many homosexuals recognize the norm of a long-term relationship with one

partner. Nevertheless, taken as a whole, the homosexual population includes a
large percentage whose sexual behavior is aberrant by any standards. The
health consequences of promiscuous homosexuality are tragic

Some homosexual sexual practices are inherently risky, notably anal sex. The
skin inside the anus is highly susceptible to tearing, which can create openings
for viruses and bacteria to enter the body.

The medical problems associated with homosexuality are well-known in the gay
community. The Gay and Lesbian Medical Association warns gay men about
the following:

HIV/AIDS, Safe Sex: That men who have sex with men are at an increased
risk of HIV infection is well known, but the effectiveness of safe sex in reducing
the rate of HIV infection is one of the gay community’s great success stories.

Substance Abuse: Gay men abuse substances at a higher rate than the
general population, and not just in larger communities such as New York City,
San Francisco, and Los Angeles.

Depression/Anxiety: Depression and anxiety appear to affect gay men at a

higher rate than in the general population.

Hepatitis Immunization: Men who have sex with men are at an increased risk
of sexually transmitted hepatitis.

STDs: Sexually transmitted diseases (STD)s occur in sexually active gay men at
a high rate.

24
Prostate, Testicular, and Colon Cancer: The cultural sensitivities of gay men
may lead them not to avail themselves of recommended screenings, thus
putting them at higher risk of death by prostate, testicular, or colon cancer.

Alcohol: It is thought that gay men have higher rates of alcohol dependence
and abuse than straight men.

Tobacco: It appears that gay men use tobacco at much higher rates than
straight men, reaching nearly 50 percent in several studies. Tobacco-related
health problems include lung disease and lung cancer, heart disease, high
blood pressure, and a whole host of other serious problems.

Fitness (Diet and Exercise): Problems with body image are more common
among gay men than their straight counterparts. This results in a higher
prevalence in gay men of eating disorders such as bulimia or anorexia nervosa.
Others overdo exercise and abuse of substances such as anabolic steroids. At
the opposite end of the spectrum, overweight and obesity are problems that
also affect a large subset of the gay community.

2.5Gays in the military

In the close quarters of male barracks and under the pressure of combat, many
in the military see the presence of homosexuals as potentially creating
problems of troop cohesiveness, discipline and morale. The United States
settled on a “Don't ask, don't tell” policy, which requires homosexual soldiers to
conceal their orientation and refrain from homosexual behavior. This imperfect
compromise between open acceptance and prohibition is intended to enable
homosexual men to serve their country honorably and without causing any
disruption in the ranks.

2. Nature:

25
Much research on the biology of homosexuality has sought to demonstrate an
innate biological and even a genetic basis for this sexual orientation. To date
the results have been equivocal.

3.1 Physiological Differences

Several studies, including pioneering work by neuroscientist “Simon LeVay”,

have demonstrated that there are notable differences between the physiology of
a heterosexual male and a homosexual male. These differences are primarily
found in the brain, inner ear, and olfactory sense. LeVay discovered in his
double-blind experiment that the average size of the INAH-3 in the brains of
homosexual men was significantly smaller than the average size in
heterosexual male brains.

This study has come under criticism for not taking into account the fact that
all of the brains of homosexual men he studied were from men who had died of
AIDS, which was not equally true of the heterosexuals whose brains he
studied. Therefore, rather than looking at the cause of homosexuality, he may
have been observing the effects of HIV/AIDS. Still, similar size differences were
found when comparisons were made of the INAH-3 measurements in only the
brains of those in each group who died from complications due to AIDS,
although that sample group was too small to be definitive. Moreover, currently
no evidence has been found to suggest that HIV or the effects of AIDS would
result in changes in INAH-3 size.

3.2Homosexual Behavior In Animals

Homosexual behavior has been observed in the animal kingdom, especially in

social species, particularly marine birds and mammals.

Male penguin couples have been documented to mate for life, build nests
together, and to use a stone as a surrogate egg in nesting and brooding. In
2004, the Central Park Zoo in New York City replaced one male couple's stone
with a fertile egg, which the couple then raised as their own offspring. German

26
and Japanese zoos have also reported homosexual behavior among their
penguins. This phenomenon has also been reported at Kelly Tarlton's
Aquarium in Auckland, New Zealand.

While animal behavior cannot easily be extrapolated to humans, homosexual

advocates seize upon this data to suggest that homosexual behavior is part of
the order of nature and not contrary to nature. Critics point out that much of
the homosexual behavior observed in animals is situational, occurring only
when there is no opportunity for heterosexual activity, for example in the
crowded conditions of zoos where the animals are penned in, or as a means of
social cooperation in raising young. It thus may be analogous to the situational
homosexuality found in prison and the military where otherwise heterosexual
humans may resort to homosexual activity.

3.3Genetic Studies

The strongest evidence for genetic inheritance of a particular trait or condition

would be to find higher incidence in identical twins. Bailey and Pillard studied
the sexual orientation of male siblings in the same family. They found that if
one sibling was homosexual, the chance of the other sibling also being
homosexual was 52 percent for an identical twin, 22 percent for a fraternal
(non-identical) twin, and 10 percent for adopted or non-twin brothers. The
study is suggestive, but it is not definitive and has been critiqued for possible
sampling errors.

3.4 Prenatal Hormonal Theory

Psychologist Richard Freiherr von Krafft-Ebing's Psychopathia Sexualis (1866)

was the first scientific discussion of homosexuality. After interviewing many
homosexuals, both as his private patients and as a forensic expert, Krafft-
Ebing arrived at the conclusion that homosexuality is an anomalous process of
embryonic development that leads to a "sexual inversion" of the brain.

27
It has been suggested that both male and female homosexuality are results of
variation in this process. However, studies seeking to demonstrate a link
between this developmental process and homosexuality have been
inconclusive. While lesbianism is linked with a higher amount of
masculinization than is found in heterosexual females; however, the data as
regards male homosexuality shows no significant correlation.

Psychology of homosexuality :- (as an "attachment disorder")

Among psychologists who regard homosexuality as a treatable condition, the

prevailing theory is that homosexual feelings, thoughts, and desires are
symptoms of deeper psychological issues. They represent a defensive response
to conflicts in the present, a way to compensate for the pain and discomfort of
an unresolved childhood trauma, archaic emotions, frozen feelings, and
wounds that never healed. They also represent a reparative drive to fulfill
unmet homo-emotional love needs of the past—an unconscious drive for
bonding with the same-sex parent. Elizabeth Moberly and Joseph Nicolosi
developed the term "homo-emotional love need."

A homo-emotional love need is an unconscious drive for bonding between a son

and his father, or between a daughter and her mother. If questioned, the active
homosexual would not say he is looking for his father’s love in the arms of
another man. It is rather a hidden, unconscious drive buried deep in the
psyche. This is a variation of the general principle that applies to people's
choice of partners in heterosexual relationships, which are conditioned by
unconscious childhood needs.

Need for the same-sex parent’s love: Homosexual thoughts and feelings
originate in preadolescent experiences. Therefore, it is basically a nonsexual
condition. “The homosexual love need is essentially a search for parenting….
What the homosexual seeks is the fulfillment of these normal attachment
needs, which have abnormally been left unmet in the process of growth.” That

28
is, a man is looking for his father’s love through another man, and a woman is
looking for her mother’s love through another woman. Therefore, the drive is
one of reparation, seeking to fulfill unmet love needs of the past. However,
these deeper emotional love needs can never be fulfilled through sexual
relationships. Sex never heals nor fulfills them, because they are the unmet
needs of a child. Reparative therapy strives to heel these needs through
nonsexual bonding.

Need for gender identification: The homosexual person feels a lack of

masculinity or femininity within himself or herself and seeks to fulfill this need
through another man or woman.This resulted from a distant or disrupted
relationship between father and son or mother and daughter in early childhood
or adolescence. Homosexual people experience this as a feeling of inadequacy
and incompleteness and search for the missing part of themselves through a
sexual contact or union with another person of the same sex, which provides,
at least momentarily, that longed-for sense of wholeness.

Cohen further lists ten psycho-social wounds that can destabilize the formation
of healthy attachments and contribute to the formation of homosexual
attachments:

Heredity: Inherited wounds; Unresolved family issues; Misperceptions; Mental

filters; Predilection for rejection.

Temperament: Hypersensitive; High maintenance; Artistic nature; Gender

nonconforming behaviors: Male more feminine; Female more masculine.

Hetero-Emotional Wounds: Enmeshment; Neglect; Abuse; Abandonment;

Addictions; Imitation of behaviors; Wrong sex.

Homo-Emotional Wounds: Neglect; Abuse; Enmeshment; Abandonment;

Addictions; Imitation of behaviors; Wrong sex.

29
Sibling Wounds/Family Dynamics: Put-downs; Abuse; Name-calling.

Body Image Wounds: Late Bloomer; Physical disabilities; Shorter; Skinnier;

Larger; Lack of coordination.

Sexual Abuse: Homosexual imprinting; Learned and reinforced behaviors;

Substitute for affection.

Social or Peer Wounds: Name-calling; Put-downs; Goody-goody; Teacher’s

pet; Nonathletic; No rough and tumble (boy); Too rough and tumble (girl).

Cultural Wounds: Media; Educational system; Entertainment industry;

Internet; Pornography.

Other Factors: Divorce; Death; Intrauterine experiences and influences;

Adoption; Religion.

Case study:

Homosexuality related landmark judgments held by U.S supreme court

The Supreme Court has protected some aspects of sexual autonomy within the
context of a constitutional right of privacy. It has recognized an individual's
right to use contraceptives in Griswold v. Connecticut (1965) and Eisenstadt v.
Baird (1972), and upheld a woman's right to decide whether or not to terminate
her pregnancy in Roe v. Wade (1973). Initially, however, the Court refused to
construe the right of privacy to protect consensual homosexual activity by
adults in their own homes. The 5‐to‐4 majority in Bowers v. Hardwick (1986)
upheld a Georgia law that criminalized both homosexual and heterosexual
sodomy. At that time, twenty‐four states plus the District of Columbia outlawed
sodomy. Writing for the majority, Justice Byron White maintained that the
right to privacy did not confer a general right to sexual autonomy but was
limited to questions of marriage, family, and procreation, concluding that
homosexual conduct bore no connection to any of those. In a strong dissent,
Justice Harry Blackmun insisted that the majority had focused on the wrong

30
question. The case was not about a “fundamental right to engage in
homosexual sodomy,” as the majority claimed, but “about ‘the most
comprehensive of rights and the right most valued by civilized men,’ namely,
‘the right to be let alone’ Olmstead v. United States (1928).”

The U.S supreme court cases held

One, Inc. v. Olesen (1958)

The U.S. Post Office and the FBI deemed One: The Homosexual Magazine, a
lesbian, gay, and bisexual publication, obscene, and as such could not be
delivered via U.S. mail. The publishers of the magazine sued, and lost both the
first case and the appeal. The Supreme Court accepted the case and reversed
it, marking the first time the Supreme Court ruled in favor of homosexuals.

Bowers v. Hardwick (1986)

The Supreme Court ruled 5–4 that consenting adults do not have a
constitutional right to engage in homosexual acts in private, upholding a
Georgia law. The majority said the "right of privacy" under the Due Process
Clause does not give homosexuals the right to engage in sodomy. The "right to
privacy" protects intimate marital and familial relations, but the Court said it
does not cover gay sodomy because "no connection between family, marriage,
or procreation on the one hand and homosexual activity on the other has been
demonstrated." This decision, considered a serious blow to the gay-rights
movement, was overturned in 2003's Lawrence v. Texas decision.

Romer v. Evans (1996)

In a 6–3 decision, the Supreme Court struck down Colorado's Amendment 2,

which denied gays and lesbians protections against discrimination, calling
them "special rights." According to Justice Anthony Kennedy, "We find nothing

31
special in the protections Amendment 2 withholds. These protections . . .
constitute ordinary civil life in a free society."

Boy Scouts of America v Dale (2000)

In another setback to the gay-rights movement, the Court ruled 5–4, that the
Boy Scouts of America have a constitutional right to ban gays because the
organization's opposition to homosexuality as part of its "expressive message."

Lawrence v. Texas (2003)

The Supreme Court, 6–3, overruled a Texas sodomy law and voted 5–4 to
overturn 1986's Bowers v. Hardwick decision. "The state cannot demean their
[gays'] existence or control their destiny by making their private sexual conduct
a crime," wrote Justice Kennedy in the majority opinion. In his dissent to
Lawrence v. Texas, Justice Scalia said the court has "largely signed on to the
so-called homosexual agenda."

United States v. Windsor (2013)

The Supreme Court ruled that the 1996 Defense of Marriage Act (DOMA) is
unconstitutional. In a 5 to 4 vote, the court ruled that DOMA violated the
rights of gays and lesbians. The court also ruled that the law interferes with
the states' rights to define marriage. It was the first case ever on the issue of
gay marriage for the Supreme Court. Chief Justice John G. Roberts, Jr. voted
against striking it down as did Antonin Scalia, Samuel Alito and Clarence
Thomas. However, conservative-leaning Justice Anthony M. Kennedy voted
with his liberal colleagues to overturn DOMA.

Hollingsworth v. Perry (2013)

The Supreme Court ruled that same-sex marriage opponents in California did
not have standing to appeal the lower court ruling that overturned the state's

32
ban, known as Proposition 8. The ruling will remove legal battles for same-sex
couples wishing to marry in California. However, the ruling did not directly
affect other states.

 AMENDENT:

In the 1990s, the Court accorded a degree of protection to homosexuals by way

of the Equal Protection Clause of the Fourteenth Amendment. The Court did
not recognize homosexuality as a suspect classification. Instead, it used a
rational basis test in Romer v. Evans (1996) to strike down Amendment 2 to
Colorado's constitution. Enacted by voter initiative as a response to municipal
ordinances banning discrimination based on sexual orientation in housing,
employment, education, public accommodations, health and welfare services,
and other transactions and activities, Amendment 2 precluded any action by
any branch of state government to protect the status of individuals based on
their “homosexual, lesbian or bisexual orientation, conduct, practices or
relationships.” Writing for a 6‐to‐3 majority in Romer, Justice Anthony
Kennedy said that Amendment 2 “seems inexplicable by anything but animus
toward the class it affects” and concluded that it “lacks a rational relationship
to legitimate state interests” (517 U.S. 620 at 632).

However, in *Boy Scouts of America v. Dale (2000), a 5–to–4 majority

overturned a state supreme court ruling that the Boy Scouts, a private, not‐for‐
profit organization, had violated a New Jersey public accommodations law
(banning discrimination on the basis of several traits including “sexual
orientation”) when it revoked the adult membership of James Dale, an
assistant scoutmaster, solely because of his avowed homosexuality (no conduct
was involved). Chief Justice William Rehnquist ruled that forced reinstatement
of Dale would violate the organization's First Amendment right of expressive
association. Five years earlier, a unanimous Court ruled in *Hurley v. Irish‐
American GLB Group (1995) that using a Massachusetts public

33
accommodations law to require the organizers of Boston's St. Patrick's Day
parade to include an organization of Irish‐American gay, lesbian, and bisexual
individuals would violate the organizers' First Amendment right to control the
message that the parade would impart.

 Report related to homosexuality in india

Homosexuality is mostly a taboo subject in Indian civil society and for the
government. Section 377 of the Indian Penal Code makes sex with persons of
the same gender punishable by law. On 2 July 2009, in Naz Foundation v.
Govt. of NCT of Delhi, the Delhi High Court held that provision to be
unconstitutional with respect to sex between consenting adults, but the
Supreme Court of India overturned that ruling on 11 December 2013, stating
that the court was instead deferring to Indian legislators to provide the sought-
after clarity.[1] On 2 February 2016, however, the Supreme Court agreed to
reconsider its judgment, stating it would refer petitions to abolish Section 377
to a five-member constitutional bench, which would conduct a comprehensive
hearing of the issue.[2]

There are no official demographics for the LGBT population in India, but the
government of India submitted figures to the Supreme Court in 2012,
according to which, there were about 2.5 million gay people recorded in India.
These figures are only based on those individuals who have self declared to the
Ministry of Health. There may be much higher statistics for individuals who
have concealed their identity, since a number of homosexual Indians are living
in the closet due to fear of discrimination.[3]

There are many websites in India which cater to gay, lesbian, bisexual and
transgender communities and many people are registered and actively
communicate, interact, and counsel each other through these sites. According
to a popular gay dating website, which has about 1.8 million men registered
from around the world, India has about 140,000 individual males registered, a

34
figure more than Western countries like the USA (46,645) and the UK (41,021)
and ranks 3rd on the list of people registered from a country; nearly 80% of
them are in the 15-30 age range with the highest numbers registered in states
of Maharashtra (25,564), Tamil Nadu (16,380), Karnataka (14,763) and Delhi
(13,441), while cities with the highest numbers are New Delhi (13,391),
Mumbai (11,001), Hyderabad (10,273) and Bangalore (8,000).

Homophobia is prevalent in India. Public discussion of homosexuality in India

has been inhibited by the fact that sexuality in any form is rarely discussed
openly. In recent years, however, attitudes towards homosexuality have shifted
slightly. In particular, there have been more depictions and discussions of
homosexuality in the Indian news media and in Bollywood. Several
organizations, including the Naz Foundation (India) Trust,[8] the National AIDS
Control Organisation, Law Commission of India,[9] Union Health Ministry,
National Human Rights Commission of India [11] and the Planning Commission
of India have expressed support for decriminalising homosexuality in India,
and pushed for tolerance and social equality for lesbian, gay, bisexual, and
transgender people. India is among countries with a social element of a third
gender. But mental, physical, emotional and economic violence against LGBT
community in India prevails. Lacking support from family, society or police,
many gay rape victims don't report the crimes.

Religion has played a role in shaping Indian customs and traditions. While
homosexuality has not been explicitly mentioned in the religious texts central
to Hinduism, the largest religion in India, Hinduism has taken various
positions, ranging from positive to neutral or antagonistic. Rigveda, one of the
four canonical sacred texts of

Hinduism says Vikriti Evam Prakriti (Sanskrit: विकृ तिः एवम्‌प्रकृ तिः,

Meaning what seems unnatural is also natural) which some scholars believe
recognises homosexual/transsexual dimensions of human life, like all forms of

35
universal diversities.[16] Historical literary evidence indicates that homosexuality
has been prevalent across the Indian subcontinent throughout history, and
that homosexuals were not necessarily considered inferior in any way until
about 18th century

JUDGMENT (Add recent Judgement)

NEW DELHI: The Supreme Court on 10-may-2016 said it will review a decision
over whether to uphold a colonial-era law that criminalizes gay sex in a victory
for homosexual rights campaigners at a time when the nation is navigating a
path between tradition and modernity. "It is definitely a move forward," said
lawyer Anand Grover as activists gathered outside the court cheered.
This was the last legal avenue for campaigners seeking to use the courts to
strike down the law. Otherwise, any future decisions to lift the ban will rest
with the country's politicians who are largely conservative and oppose any
changes.

The Supreme Court made a surprise ruling in 2013 that reinstated a ban on
gay sex. That decision ended a four-year period of decriminalization that helped
bring homosexuality into the open. After the hearing a group of gay rights
activists outside the court sang: "We will be successful."

Human rights group Amnesty International India welcomed the court's review,
saying the law puts homosexuals under physical, mental and legal threat. "The
Supreme Court has another chance to correct a grave error," Amnesty said.
National surveys show about three-quarters of Indians disapprove of
homosexuality and are deeply traditional about other issues of sexuality such
as sex outside of marriage.

36
India is one of 75 countries around the world that outlaws homosexuality,
according to the International Lesbian, Gay, Bisexual, Trans and Intersex
Association.
Although the law banning homosexuality is rarely enforced in India, it is used
to intimidate, harass, blackmail and extort money from homosexuals, activists
say. There are no official figures on the number of cases and most go
unreported as victims are too scared to report crimes to the police, fearing they
will be punished too, activists say.

While the previous Congress-led government had pledged to repeal the law if it
came to power again, it was crushed by Prime Minister Narendra Modi's
Bharatiya Janata Party in the general election in May 2014. In December, the
BJP, which has an overwhelming majority in the Lower House of Parliament,
scuppered Congress MP Shashi Tharoor's private member's bill to scrap the
law.

Sexual orientation
Homosexuality is one of the three main categories of sexual orientation, along
with bisexuality and heterosexuality, within the heterosexual-homosexual
continuum (with asexuality sometimes considered the fourth). Scientific and
medical understanding is that sexual orientation is not a choice, but rather a
complex interplay of biology and environment.
The most common terms for homosexual people are lesbian for women and gay
for men, though gay is also used to refer generally to homosexual men and
women. The number of people who identify as gay or lesbian—and the
proportion of people who have same-sex sexual experiences—are difficult for
researchers to estimate reliably for a variety of reasons .In the modern West,
according to major studies, 2% to 13% of the population is homosexual or has
had some form of same-sex sexual contact within his or her lifetime.
Many gay and lesbian people are in committed same-sex relationships, though
only recently have census forms and political conditions facilitated their
visibility and enumeration. These relationships are equivalent to heterosexual

37
relationships in essential psychological respects. Homosexual relationships and
acts have been admired, as well as condemned, throughout recorded history,
depending on the form they took and the culture in which they occurred. Since
the end of the 19th century, there has been a movement towards increased
visibility, recognition and legal rights for homosexual people, including the
rights to marriage and civil unions, adoption and parenting, employment,
military service, and equal access to health care.

Contents

1. Etymology

1.1 Synonyms

1.2 Kinsey scale

2. Sexuality and gender identity

2.1 Sexual orientation, identity, behavior

2.1.1 Sexual identity development: "coming-out process"

2.2 Gender identity

2.3 Social construct

2.4 Same-sex romance and relationships

3. Demographics

4. Psychology

5. Etiology

5.1 Lesbian narratives and awareness of their sexual orientation

5.2 Sexual orientation change efforts

5.3 Fluidity of orientation

38
 5.3.1 Gender and fluidity

6. Parenting

7. Health

7.1 Physical

7.1.1 Public health

7.2 Mental

7.3 Gay and lesbian youth

8. Law, politics, society and sociology

8.1 Legality

8.1.1 Sexual orientation and the law

8.1.1.1 United States

8.1.1.2 European Union

8.3 Relationships

8.4 Religion

8.5 Heterosexism and homophobia

8.6 Violence against gay and lesbian people

Etymology:
The word homosexual is a Greek and Latin hybrid with the first element
derived from Greek ὁμός homos, 'same' (not related to the Latin homo, 'man',
as in Homo sapiens), thus connoting sexual acts and affections between
members of the same sex, including lesbianism. Gay generally refers to male
homosexuality, but may be used in a broader sense to refer to all LGBT people.
In the context of sexuality, lesbian refers only to female homosexuality. The

39
word "lesbian" is derived from the name of the Greek island Lesbos, where the
poet Sappho wrote largely about her emotional relationships with young
women.

Many modern style guides in the U.S. recommend against using homosexual as
a noun, instead using gay man or lesbian. Similarly, some recommend
completely avoiding usage of homosexual as it has a negative, clinical history
and because the word only refers to one's sexual behavior (as opposed to
romantic feelings) and thus it has a negative connotation. Gay and lesbian are
the most common alternatives. The first letters are frequently combined to
create the initialism LGBT (sometimes written as GLBT), in which B and T refer
to bisexual and transgender people.

Although early writers also used the adjective homosexual to refer to any
single-sex context (such as an all-girls' school), today the term is used
exclusively in reference to sexual attraction, activity, and orientation. The term
homosocial is now used to describe single-sex contexts that are not specifically
sexual. There is also a word referring to same-sex love, homophilia.

 Synonyms:

Some synonyms include men who have sex with men or MSM (used in the
medical community when specifically discussing sexual activity) and
homoerotic (referring to works of art). Pejorative terms in English include
queer, faggot, fairy, poof, and homo. Beginning in the 1990s, some of these
have been reclaimed as positive words by gay men and lesbians, as in the
usage of queer studies, queer theory, and even the popular American television
program Queer Eye for the Straight Guy. The word homo occurs in many other
languages without the pejorative connotations it has in English. As with ethnic
slurs and racial slurs, however, the misuse of these terms can still be highly
offensive; the range of acceptable use depends on the context and speaker.
Conversely, gay, a word originally embraced by homosexual men and women as

40
a positive, affirmative term (as in gay liberation and gay rights), has come into
widespread pejorative use among young people.

 Kinsey scale:

The Kinsey scale attempts to describe a person's sexual history or episodes of

their sexual activity at a given time. It uses a scale from 0, meaning exclusively
heterosexual, to 6, meaning exclusively homosexual. Sexuality and gender
identity Sexual orientation, identity, behavior

Sexual orientation is commonly discussed as a characteristic of the individual,

like biological sex, gender identity, or age. This perspective is incomplete
because sexual orientation is always defined in relational terms and
necessarily involves relationships with other individuals. Sexual acts and
romantic attractions are categorized as homosexual or heterosexual according
to the biological sex of the individuals involved in them, relative to each other.
Indeed, it is by acting—or desiring to act—with another person that individuals
express their heterosexuality, homosexuality, or bisexuality. This includes
actions as simple as holding hands with or kissing another person. Thus,
sexual orientation is integrally linked to the intimate personal relationships
that human beings form with others to meet their deeply felt needs for love,
attachment, and intimacy. In addition to sexual behavior, these bonds
encompass nonsexual physical affection between partners, shared goals and
values, mutual support, and ongoing commitment

Sexuality and gender identity

 Sexual orientation, identity, behavior

The American Psychological Association, the American Psychiatric Association,

and the National Association of Social Workers identify sexual orientation as
"not merely a personal characteristic that can be defined in isolation. Rather,

41
one's sexual orientation defines the universe of persons with whom one is likely
to find the satisfying and fulfilling relationships"

Sexual orientation is commonly discussed as a characteristic of the individual,

like biological sex, gender identity, or age. This perspective is incomplete
because sexual orientation is always defined in relational terms and
necessarily involves relationships with other individuals. Sexual acts and
romantic attractions are categorized as homosexual or heterosexual according
to the biological sex of the individuals involved in them, relative to each other.
Indeed, it is by acting—or desiring to act—with another person that individuals
express their heterosexuality, homosexuality, or bisexuality. This includes
actions as simple as holding hands with or kissing another person. Thus,
sexual orientation is integrally linked to the intimate personal relationships
that human beings form with others to meet their deeply felt needs for love,
attachment, and intimacy. In addition to sexual behavior, these bonds
encompass nonsexual physical affection between partners, shared goals and
values, mutual support, and ongoing commitment.

 Sexual identity development: "coming-out process"

Many people who feel attracted to members of their own sex have a so-called
"coming out" at some point in their lives.[citation needed] Generally, coming
out is described in three phases. The first phase is the phase of "knowing
oneself", and the realization emerges that one is open to same-sex relations.
This is often described as an internal coming out. The second phase involves
one's decision to come out to others, e.g. family, friends, and/or colleagues.
The third phase more generally involves living openly as an LGBT person. In
the United States today, people often come out during high school or college
age. At this age, they may not trust or ask for help from others, especially when
their orientation is not accepted in society. Sometimes their own families are
not even informed.

42
According to Rosario, Schrimshaw, Hunter, Braun (2006), "the development of
a lesbian, gay, or bisexual (LGB) sexual identity is a complex and often difficult
process. Unlike members of other minority groups (e.g., ethnic and racial
minorities), most LGB individuals are not raised in a community of similar
others from whom they learn about their identity and who reinforce and
support that identity. Rather, LGB individuals are often raised in communities
that are either ignorant of or openly hostile toward homosexuality."

Outing is the practice of publicly revealing the sexual orientation of a closeted

person. Notable politicians, celebrities, military service people, and clergy
members have been outed, with motives ranging from malice to political or
moral beliefs. Many commentators oppose the practice altogether,[45] while
some encourage outing public figures who use their positions of influence to
harm other gay people.

 Gender identity:

The earliest writers on a homosexual orientation usually understood it to be

intrinsically linked to the subject's own sex. For example, it was thought that a
typical female-bodied person who is attracted to female-bodied persons would
have masculine attributes, and vice versa. This understanding was shared by
most of the significant theorists of homosexuality from the mid-19th century to
early 20th century, such as Karl Heinrich Ulrichs, Richard von Krafft-Ebing,
Magnus Hirschfeld, Havelock Ellis, Carl Jung and Sigmund Freud, as well as
many gender variant homosexual people themselves. However, this
understanding of homosexuality as sexual inversion was disputed at the time,
and through the second half of the 20th century, gender identity came to be
increasingly seen as a phenomenon distinct from sexual orientation.

Transgender and cisgender people may be attracted to men, women or both,

although the prevalence of different sexual orientations is quite different in
these two populations (see sexual orientation of transwomen). An individual
homosexual, heterosexual or bisexual person may be masculine, feminine, or

43
androgynous, and in addition, many members and supporters of lesbian and
gay communities now see the "gender-conforming heterosexual" and the
"gender-nonconforming homosexual" as negative stereotypes. However, studies
by J. Michael Bailey and K.J. Zucker have found that a majority of gay men
and lesbians report being gender-nonconforming during their childhood years.
Richard C. Friedman, in Male Homosexuality published in 1990,writing from a
psychoanalytic perspective, argues that sexual desire begins later than the
writings of Sigmund Freud indicate, not in infancy but between the ages of 5
and 10 and is not focused on a parent figure but on peers. As a consequence,
he reasons, homosexual men are not abnormal, never having been sexually
attracted to their mothers anyway.

 Social construct

Because a homosexual orientation is complex and multi-dimensional, some

academics and researchers, especially in Queer studies, have argued that it is
a historical and social construction. In 1976 the historian Michel Foucault
argued that homosexuality as an identity did not exist in the 18th century; that
people instead spoke of "sodomy", which referred to sexual acts. Sodomy was a
crime that was often ignored but sometimes punished severely (see sodomy
law).

The term homosexual is often used in European and American cultures to

encompass a person's entire social identity, which includes self and
personality. In Western cultures some people speak meaningfully of gay,
lesbian, and bisexual identities and communities. In other cultures,
homosexuality and heterosexual labels do not emphasize an entire social
identity or indicate community affiliation based on sexual orientation. Some
scholars, such as David Green, state that homosexuality is a modern Western
social construct, and as such cannot be used in the context of non-Western
male-male sexuality, nor in the pre-modern West.

44
  Same-sex romance and relationships:

People with a homosexual orientation can express their sexuality in a variety of

ways, and may or may not express it in their behaviors. Many have sexual
relationships predominately with people of their own gender identity, though
some have sexual relationships with those of the opposite gender, bisexual
relationships, or none at all (celibate). Research indicates that many lesbians
and gay men want, and succeed in having, committed and durable
relationships. For example, survey data indicate that between 40% and 60% of
gay men and between 45% and 80% of lesbians are currently involved in a
romantic relationship. Survey data also indicate that between 18% and 28% of
gay couples and between 8% and 21% of lesbian couples in the U.S. have lived
together ten or more years. Studies have found same-sex and opposite-sex
couples to be equivalent to each other in measures of satisfaction and
commitment in romantic relationships,[that age and gender are more reliable
than sexual orientation as a predictor of satisfaction and commitment to a
romantic relationship, and that people who are heterosexual or homosexual
share comparable expectations and ideals with regard to romantic
relationships.

Demographics:

Reliable data as to the size of the gay and lesbian population are of value in
informing public policy. For example, demographics would help in calculating
the costs and benefits of domestic partnership benefits, of the impact of
legalizing gay adoption, and of the impact of the U.S. military's Don't Ask Don't
Tell policy. Further, knowledge of the size of the "gay and lesbian population
holds promise for helping social scientists understand a wide array of
important questions—questions about the general nature of labor market
choices, accumulation of human capital, specialization within households,
discrimination, and decisions about geographic location."

45
Measuring the prevalence of homosexuality may present difficulties. The
research must measure some characteristic that may or may not be defining of
sexual orientation. The class of people with same-sex desires may be larger
than the class of people who act on those desires, which in turn may be larger
than the class of people who self-identify as gay/lesbian/bisexual.

Psychology:

Psychology was one of the first disciplines to study a homosexual orientation as

a discrete phenomenon. The first attempts to classify homosexuality as a
disease were made by the fledgling European sexologist movement in the late
19th century. In 1886 noted sexologist Richard von Krafft-Ebing listed
homosexuality along with 200 other case studies of deviant sexual practices in
his definitive work, Psychopathia Sexualis. Krafft-Ebing proposed that
homosexuality was caused by either "congenital [during birth] inversion" or an
"acquired inversion". In the last two decades of the 19th century, a different
view began to predominate in medical and psychiatric circles, judging such
behavior as indicative of a type of person with a defined and relatively stable
sexual orientation. In the late 19th century and early 20th century,
pathological models of homosexuality were standard.

Most lesbian, gay, and bisexual people who seek psychotherapy do so for the
same reasons as heterosexual people (stress, relationship difficulties, difficulty
adjusting to social or work situations, etc.); their sexual orientation may be of
primary, incidental, or no importance to their issues and treatment. Whatever
the issue, there is a high risk for anti-gay bias in psychotherapy with lesbian,
gay, and bisexual clients. Psychological research in this area has been relevant
to counteracting prejudicial ("homophobic") attitudes and actions, and to the
LGBT rights movement generally.

46
The appropriate application of affirmative psychotherapy is based on the
following scientific facts:

 Same-sex sexual attractions, behavior, and orientations per se are

normal and positive variants of human sexuality; in other words, they
are not indicators of mental or developmental disorders.
 Homosexuality and bisexuality are stigmatized, and this stigma can have
a variety of negative consequences (e.g., Minority Stress) throughout the
life span (D'Augelli & Patterson, 1995; DiPlacido, 1998; Herek & Garnets,
2007; Meyer, 1995, 2003).
 Same-sex sexual attractions and behavior can occur in the context of a
variety of sexual orientations and sexual orientation identities (Diamond,
2006; Hoburg et al., 2004; Rust, 1996; Savin-Williams, 2005).
 Gay men, lesbians, and bisexual individuals can live satisfying lives as
well as form stable, committed relationships and families that are
equivalent to heterosexual relationships in essential respects (APA,
2005c; Kurdek, 2001, 2003, 2004; Peplau & Fingerhut, 2007).

Etiology:

The American Psychological Association, American Psychiatric Association, and

National Association of Social Workers stated in 2006:

“ Currently, there is no scientific consensus about the specific factors that

cause an individual to become heterosexual, homosexual, or bisexual—
including possible biological, psychological, or social effects of the parents'
sexual orientation. However, the available evidence indicates that the vast
majority of lesbian and gay adults were raised by heterosexual parents and the
vast majority of children raised by lesbian and gay parents eventually grow up
to be heterosexual. ”

The Royal College of Psychiatrists stated in 2007:

47
“Despite almost a century of psychoanalytic and psychological speculation,
there is no substantive evidence to support the suggestion that the nature of
parenting or early childhood experiences play any role in the formation of a
person's fundamental heterosexual or homosexual orientation. It would appear
that sexual orientation is biological in nature, determined by a complex
interplay of genetic factors and the early uterine environment. Sexual
orientation is therefore not a choice.”

The American Academy of Pediatrics stated in Pediatrics in 2004:

“Sexual orientation probably is not determined by any one factor but by a

combination of genetic, hormonal, and environmental influences. In recent
decades, biologically based theories have been favored by experts. Although
there continues to be controversy and uncertainty as to the genesis of the
variety of human sexual orientations, there is no scientific evidence that
abnormal parenting, sexual abuse, or other adverse life events influence sexual
orientation. Current knowledge suggests that sexual orientation is usually
established during early childhood

The authors of a 2008 study stated "there is considerable evidence that human
sexual orientation is genetically influenced, so it is not known how
homosexuality, which tends to lower reproductive success, is maintained in the
population at a relatively high frequency". They hypothesized that "while genes
predisposing to homosexuality reduce homosexuals' reproductive success, they
may confer some advantage in heterosexuals who carry them". Their results
suggested that "genes predisposing to homosexuality may confer a mating
advantage in heterosexuals, which could help explain the evolution and
maintenance of homosexuality in the population".[80] A 2009 study also
suggested a significant increase in fecundity in the females related to the
homosexual people from the maternal line (but not in those related from the
paternal one)

48
  Lesbian narratives and awareness of their sexual orientation:

Lesbians often experience their sexuality differently from gay men, and have
different understandings about etiology from those derived from studies
focused mostly on men. For information specific to female homosexuality, see
Lesbian.

In a U.S.-based 1970s mail survey by Shere Hite, lesbians self-reported their

reasons for being lesbian. This is the only major piece of research into female
sexuality that has looked at how women understand being homosexual since
Kinsey in 1953. The research yielded information about women's general
understanding of lesbian relationships and their sexual orientation.

Women talked about social conditioning, which made it "almost impossible for
me to have a truly healthy sexual relationship with a man". Another woman
stated that because of their conditioning "women are much more sensitive to
other people's needs", and so "sex is better with women physically and
emotionally", stating she preferred the symmetries of power and aesthetic
between women. Some talked about preferring women, "personally, I like girls
better, they are more tender and loving", and some went into how they found
that emotional relationships with women were more satisfying than those with
men, with women making more creative and versatile lovers.

One woman reported it was easier for her "to give myself emotionally to a
woman". A woman who had been a lesbian for two years said she found that
sexual relationships with women were more pleasurable on both psychological
and physical levels than with men; this was "because the women I've had sex
with have been my friends first, which was never the case with men. Being
friends sets up a trust that I think is essential for satisfying physical intimacy.
Relating to another woman physically seems to me like the most natural thing
in the world. You've already got a head start on knowing how to give her
pleasure. Gentleness seems to be the key, and is the main difference between
relating to men and women.” Women talked about women making better sexual

49
partners and that was a dominant theme: "I find women better lovers; they
know what a woman wants and most of all there is an emotional closeness that
can never be matched with a man. More tenderness, more consideration and
understanding of feelings, etc."

This was because men were perceived as unliberated "sexually or emotionally

or any other way", and lesbianism was perceived "as an alternative to
abstinence" and to men generally. Men were perceived as usually juvenile,
while a relationship with women was described as "more of a communion with
self". Sex as well as relationships with women were seen as a way of achieving
independence from men; "sex with a woman means independence from men."
Male sexual performance was another problem, "twenty minutes for a man, at
least an hour with a woman, usually more", as well as attention to the sexual
needs of women who themselves "seem to have a more sustained energy level
after orgasm, and are more likely to know and do something about it if I'm not
satisfied".

One understanding of the difference was that sex with women "is not an
'exchange' or a 'trade' or services", and not focused on orgasm, with "more
kissing and holding" and "more concern for my pleasure", which was
experienced as liberating. Sex with women was also seen as a political act; "I
see lesbianism as putting all my energies (sexual, political social, etc.) into
women. Sex is a form of comfort and to have sex indiscriminately with males is
to give them comfort."

 Sexual orientation change efforts:

There are no studies of adequate scientific rigor to conclude whether recent

sexual orientation change efforts do work to change a person's sexual
orientation. Those efforts has been controversial due to tensions between the
values held by some faith-based organizations, on the one hand, and those

50
held by lesbian, gay, and bisexual rights organizations and professional and
scientific organizations, on the other. The longstanding consensus of the
behavioral and social sciences and the health and mental health professions is
that homosexuality per se is a normal and positive variation of human sexual
orientation. The American Psychological Association says that "most people
experience little or no sense of choice about their sexual orientation". Some
individuals and groups have promoted the idea of homosexuality as
symptomatic of developmental defects or spiritual and moral failings and have
argued that sexual orientation change efforts, including psychotherapy and
religious efforts, could alter homosexual feelings and behaviors. Many of these
individuals and groups appeared to be embedded within the larger context of
conservative religious political movements that have supported the
stigmatization of homosexuality on political or religious grounds.

No major mental health professional organization has sanctioned efforts to

change sexual orientation and virtually all of them have adopted policy
statements cautioning the profession and the public about treatments that
purport to change sexual orientation

 Fluidity of orientation:

The American Psychiatric Association (APA) has stated "some people believe
that sexual orientation is innate and fixed; however, sexual orientation
develops across a person's lifetime". In a joint statement with other major
American medical organizations, the APA says that "different people realize at
different points in their lives that they are heterosexual, gay, lesbian, or
bisexual". A report from the Centre for Addiction and Mental Health states:
"For some people, sexual orientation is continuous and fixed throughout their
lives. For others, sexual orientation may be fluid and change over time". One
study has suggested "considerable fluidity in bisexual, unlabeled, and lesbian
women's attractions, behaviors, and identities".

51
  Gender and fluidity:

In a 2004 study, the female subjects (both gay and straight women) became
sexually aroused when they viewed heterosexual as well as lesbian erotic films.
Among the male subjects, however, the straight men were turned on only by
erotic films with women, the gay ones by those with men. The study's senior
researcher said that women's sexual desire is less rigidly directed toward a
particular sex, as compared with men's, and it's more changeable over time.

Parenting:

Scientific research has been consistent in showing that lesbian and gay
parents are as fit and capable as heterosexual parents, and their children are
as psychologically healthy and well-adjusted as children reared by
heterosexual parents. According to scientific literature reviews, there is no
evidence to the contrary.

Health:

 Physical:

The terms "Men who have sex with men" (MSM) and "women who have sex with
women" (WSW) refer to people who engage in sexual activity with others of the
same sex regardless of how they identify themselves—as many choose not to
accept social identities as lesbian, gay and bisexual. These terms are often
used in medical literature and social research to describe such groups for
study, without needing to consider the issues of sexual self-identity. The terms
are seen as problematic, however, because it "obscures social dimensions of
sexuality; undermines the self-labeling of lesbian, gay, and bisexual people;
and does not sufficiently describe variations in sexual behavior".

MSM and WSW are sexually active with each other for a variety of reasons with
the main ones arguably sexual pleasure, intimacy and bonding. In contrast to
its benefits, sexual behavior can be a disease vector. Safe sex is a relevant

52
harm reduction philosophy. The United States currently prohibits men who
have sex with men from donating blood "because they are, as a group, at
increased risk for HIV, hepatitis B and certain other infections that can be
transmitted by transfusion." The UK and many European countries have the
same prohibition.

 Public Health:

These safer sex recommendations are agreed upon by public health officials for
women who have sex with women to avoid sexually transmitted infections
(STIs):

 Avoid contact with a partner’s menstrual blood and with any visible
genital lesions.
 Cover sex toys that penetrate more than one person's vagina or anus
with a new condom for each person; consider using different toys for
each person.
 Use a barrier (e.g., latex sheet, dental dam, cut-open condom, plastic
wrap) during oral sex.
 Use latex or vinyl gloves and lubricant for any manual sex that might
cause bleeding.

These safer sex recommendations are agreed upon by public health officials for
men who have sex with men to avoid sexually transmitted infections:

 Avoid contact with a partner's bodily fluids and with any visible genital
lesions.
 Use condoms for anal and oral sex.
 Use a barrier (e.g., latex sheet, dental dam, cut-open condom) during
anal–oral sex.
 Cover sex toys that penetrate more than one person with a new condom
for each person; consider using different toys for each person and use
latex or vinyl gloves and lubricant for any sex that might cause bleeding.

53
  Mental:

When it was first described in medical literature, homosexuality was often

approached from a view that sought to find an inherent psychopathology as its
root cause. Much literature on mental health and homosexual patients
centered on their depression, substance abuse, and suicide. Although these
issues exist among people who are non-heterosexual, discussion about their
causes shifted after homosexuality was removed from the Diagnostic and
Statistical Manual (DSM) in 1973. Instead, social ostracism, legal
discrimination, internalization of negative stereotypes, and limited support
structures indicate factors homosexual people face in Western societies that
often adversely affect their mental health. Stigma, prejudice, and
discrimination stemming from negative societal attitudes toward homosexuality
lead to a higher prevalence of mental health disorders among lesbians, gay
men, and bisexuals compared to their heterosexual peers. Evidence indicates
that the liberalization of these attitudes over the past few decades is associated
with a decrease in such mental health risks among younger LGBT people.

 Gay and lesbian youth:

Gay and lesbian youth bear an increased risk of suicide, substance abuse,
school problems, and isolation because of a "hostile and condemning
environment, verbal and physical abuse, rejection and isolation from family
and peers". Further, LGBT youths are more likely to report psychological and
physical abuse by parents or caretakers, and more sexual abuse. Suggested
reasons for this disparity are that (1) LGBT youths may be specifically targeted
on the basis of their perceived sexual orientation or gender non-conforming
appearance, and (2) that "risk factors associated with sexual minority status,
including discrimination, invisibility, and rejection by family members...may
lead to an increase in behaviors that are associated with risk for victimization,
such as substance abuse, sex with multiple partners, or running away from
home as a teenager."A 2008 study showed a correlation between the degree of

54
rejecting behavior by parents of LGB adolescents and negative health problems
in the teenagers studied:

Higher rates of family rejection were significantly associated with poorer health
outcomes. On the basis of odds ratios, lesbian, gay, and bisexual young adults
who reported higher levels of family rejection during adolescence were 8.4
times more likely to report having attempted suicide, 5.9 times more likely to
report high levels of depression, 3.4 times more likely to use illegal drugs, and
3.4 times more likely to report having engaged in unprotected sexual
intercourse compared with peers from families that reported no or low levels of
family rejection.

Crisis centers in larger cities and information sites on the Internet have arisen
to help youth and adults. The Trevor Helpline, a suicide prevention helpline for
gay youth, was established following the 1998 airing on HBO of the Academy
Award winning short film Trevor.

 Same-sex relationships legal:

 Same-sex marriage
 Other type of partnership (or unregistered cohabitation)
 Same-sex marriage recognized, but not performed
 Homosexuality legal but same-sex unions not recognized

 Same-sex relationships illegal

 Minimal penalty
 Large penalty
 Life in prison

Most nations do not impede consensual sex between unrelated persons above
the local age of consent. Some jurisdictions further recognize identical rights,
protections, and privileges for the family structures of same-sex couples,
including marriage. Some nations mandate that all individuals restrict

55
themselves to heterosexual relationships; that is, in some jurisdictions
homosexual activity is illegal. Offenders can face the death penalty in some
fundamentalist Muslim areas such as Iran and parts of Nigeria. There are,
however, often significant differences between official policy and real-world
enforcement. See Violence against LGBT people.

Although homosexual acts were decriminalized in some parts of the Western

world, such as Poland in 1932, Denmark in 1933, Sweden in 1944, and the
United Kingdom in 1967, it was not until the mid-1970s that the gay
community first began to achieve limited civil rights in some developed
countries. On July 2, 2009, homosexuality was decriminalized in India by a
High Court ruling. A turning point was reached in 1973 when the American
Psychiatric Association removed homosexuality from the Diagnostic and
Statistical Manual of Mental Disorders, thus negating its previous definition of
homosexuality as a clinical mental disorder. In 1977, Quebec became the first
state-level jurisdiction in the world to prohibit discrimination on the grounds of
sexual orientation. During the 1980s and 1990s, most developed countries
enacted laws decriminalizing homosexual behavior and prohibiting
discrimination against lesbian and gay people in employment, housing, and
services. On the other hand, many countries today in the Middle East and
Africa, as well as several countries in Asia, the Caribbean and the South
Pacific, outlaw homosexuality. In six countries, homosexual behavior is
punishable by life imprisonment; in ten others, it carries the death penalty.

Sexual orientation and the law

 United States

Employment discrimination refers to discriminatory employment practices

such as bias in hiring, promotion, job assignment, termination, and
compensation, and various types of harassment. In the United States there is
"very little statutory, common law, and case law establishing employment
discrimination based upon sexual orientation as a legal wrong." Some

56
exceptions and alternative legal strategies are available. President Bill Clinton's
Executive Order 13087 (1998) prohibits discrimination based on sexual
orientation in the competitive service of the federal civilian workforce, and
federal non-civil service employees may have recourse under the due process
clause of the U.S. Constitution. Private sector workers may have a Title VII
action under a quid pro quo sexual harassment theory, a "hostile work
environment" theory, a sexual stereotyping theory, or others.

Housing discrimination refers to discrimination against potential or current

tenants by landlords. In the United States, there is no federal law against such
discrimination on the basis of sexual orientation or gender identity, but at least
thirteen states and many major cities have enacted laws prohibiting it.

Hate crimes (also known as bias crimes) are crimes motivated by bias against
an identifiable social group, usually groups defined by race (classification of
human beings), religion, sexual orientation, disability, ethnicity, nationality,
age, gender, gender identity, or political affiliation. In the United States, 45
states and the District of Columbia have statutes criminalizing various types of
bias-motivated violence or intimidation (the exceptions are AZ, GA, IN, SC, and
WY). Each of these statutes covers bias on the basis of race, religion, and
ethnicity; 32 of them cover sexual orientation, 28 cover gender, and 11 cover
transgender/gender-identity. In October 2009, the Matthew Shepard and
James Byrd, Jr. Hate Crimes Prevention Act, which "...gives the Justice
Department the power to investigate and prosecute bias-motivated violence
where the perpetrator has selected the victim because of the person's actual or
perceived race, color, religion, national origin, gender, sexual orientation,
gender identity or disability", was signed into law and makes hate crime based
on sexual orientation, amongst other offenses, a federal crime in the United
States.

 European Union

57
In the European Union discrimination of any type based on sexual orientation
or gender identity is illegal under the Charter of Fundamental Rights of the
European Union.

 Political activism:

Further information: LGBT social movements.

Since the 1960s, many LGBT people in the West, particularly those in major
metropolitan areas, have developed a so-called gay culture. To many, gay
culture is exemplified by the gay pride movement, with annual parades and
displays of rainbow flags. Yet not all LGBT people choose to participate in
"queer culture", and many gay men and women specifically decline to do so. To
some it seems to be a frivolous display, perpetuating gay stereotypes. To some
others, the gay culture represents heterophobia and is scorned as widening the
gulf between gay and non-gay people.

With the outbreak of AIDS in the early 1980s, many LGBT groups and
individuals organized campaigns to promote efforts in AIDS education,
prevention, research, patient support, and community outreach, as well as to
demand government support for these programs. Gay Men's Health Crisis,
Project Inform, and ACT UP are some notable American examples of the LGBT
community's response to the AIDS crisis.[citation needed]

The bewildering death toll wrought by the AIDS epidemic at first seemed to
slow the progress of the gay rights movement, but in time it galvanized some
parts of the LGBT community into community service and political action, and
challenged the heterosexual community to respond compassionately. Major
American motion pictures from this period that dramatized the response of
individuals and communities to the AIDS crisis include An Early Frost (1985),
Longtime Companion (1990), And the Band Played On (1993), Philadelphia
(1993), and Common Threads: Stories from the Quilt (1989), the last referring

58
to the NAMES Project AIDS Memorial Quilt, last displayed in its entirety on the
Mall in Washington, D.C., in 1996.[citation needed]

Publicly gay politicians have attained numerous government posts, even in

countries that had sodomy laws in their recent past. Examples include Guido
Westerwelle, Germany's Vice-Chancellor; Peter Mandelson, a British Labour
Party cabinet minister and Per-Kristian Foss, formerly Norwegian Minister of
Finance.

LGBT movements are opposed by a variety of individuals and organizations.

Some social conservatives believe that all sexual relationships with people
other than an opposite-sex spouse undermine the traditional family and that
children should be reared in homes with both a father and a mother. There is
concern that gay rights may conflict with individuals' freedom of speech,
religious freedoms in the workplace, the ability to run churches, charitable
organizations] and other religious organizations in accordance with one's
religious views, and that the acceptance of homosexual relationships by
religious organizations might be forced through threatening to remove the tax-
exempt status of churches whose views do not align with those of the
government.

Critics charge that political correctness has led to the association of sex
between males and HIV being downplayed.

 Relationships:

In 2006, the American Psychological Association, American Psychiatric

Association and National Association of Social Workers stated in an Amicus
Brief presented to the Supreme Court of the State of California: "Gay men and
lesbians form stable, committed relationships that are equivalent to
heterosexual relationships in essential respects. The institution of marriage
offers social, psychological, and health benefits that are denied to same-sex
couples. By denying same-sex couples the right to marry, the state reinforces

59
and perpetuates the stigma historically associated with homosexuality.
Homosexuality remains stigmatized, and this stigma has negative
consequences. California's prohibition on marriage for same-sex couples
reflects and reinforces this stigma". They concluded: "There is no scientific
basis for distinguishing between same-sex couples and heterosexual couples
with respect to the legal rights, obligations, benefits, and burdens conferred by
civil marriage."

 Military service:

The US Army defines homosexual conduct as "a homosexual act, a statement

by a soldier that demonstrates a propensity or intent to engage in homosexual
acts, the solicitation of another to engage in homosexual act or acts, or a
homosexual marriage or attempted marriage."

Policies and attitudes toward gay and lesbian military personnel vary widely
around the world. Some countries allow gay men, lesbians, and bisexual people
to serve openly and have granted them the same rights and privileges as their
heterosexual counterparts. Many countries neither ban nor support LGB
service members. A few countries continue to ban homosexual personnel
outright.

Most Western military forces have removed policies excluding sexual minority
members. Of the 26 countries that participate militarily in NATO, more than 20
permit openly gay, lesbian and bisexual people to serve. Of the permanent
members of the United Nations Security Council, three (United Kingdom,
France and United States) do so. The other two generally do not: China bans
gay and lesbian people outright, Russia excludes all gay and lesbian people
during peacetime but allows some gay men to serve in wartime (see below).
Israel is the only country in the Middle East region that allows openly LGB
people to serve in the military.

60
While the question of homosexuality in the military has been highly politicized
in the United States, it is not necessarily so in many countries. Generally
speaking, sexuality in these cultures is considered a more personal aspect of
one's identity than it is in the United States.

According to American Psychological Association empirical evidence fails to

show that sexual orientation is germane to any aspect of military effectiveness
including unit cohesion, morale, recruitment and retention. Sexual orientation
is irrelevant to task cohesion, the only type of cohesion that critically predicts
the team's military readiness and success.
 Religion

Though the relationship between homosexuality and religion can vary greatly
across time and place, within and between different religions and sects, and
regarding different forms of homosexuality and bisexuality, current
authoritative bodies and doctrines of the world's largest religions generally view
homosexuality negatively. This can range from quietly discouraging
homosexual activity, to explicitly forbidding same-sex sexual practices among
adherents and actively opposing social acceptance of homosexuality. Some
teach that homosexual orientation itself is sinful, while the Catholic Church
states that only the sexual act itself is a sin. Some claim that homosexuality
can be overcome through religious faith and practice. On the other hand,
voices exist within many of these religions that view homosexuality more
positively, and liberal religious denominations may bless same-sex marriages.
Some view same-sex love and sexuality as sacred, and a mythology of same-sex
love can be found around the world. Regardless of their position on
homosexuality, many people of faith look to both sacred texts and tradition for
guidance on this issue. However, the authority of various traditions or
scriptural passages and the correctness of translations and interpretations
have been disputed.[citation needed]

 Heterosexism and homophobia

61
.

In many cultures, homosexual people are frequently subject to prejudice and

discrimination. Similar to other minority groups they can also be subject to
stereotyping. These attitudes tend to be due to forms of homophobia and
heterosexism (negative attitudes, bias, and discrimination in favor of opposite-
sex sexuality and relationships). Heterosexism can include the presumption
that everyone is heterosexual or that opposite-sex attractions and relationships
are the norm and therefore superior. Homophobia is a fear of, aversion to, or
discrimination against homosexual people. It manifests in different forms, and
a number of different types have been postulated, among which are
internalized homophobia, social homophobia, emotional homophobia,
rationalized homophobia, and others. Similar is lesbophobia (specifically
targeting lesbians) and biphobia (against bisexual people). When such attitudes
manifest as crimes they are often called hate crimes and gay bashing.

Negative stereotypes characterize LGB people as less romantically stable, more

promiscuous and more likely to abuse children, but there is no scientific basis
to such assertions. Gay men and lesbians form stable, committed relationships
that are equivalent to heterosexual relationships in essential respects. Sexual
orientation does not affect the likelihood that people will abuse children.
Claims that there is scientific evidence to support an association between being
gay and being a pedophile are based on misuses of those terms and
misrepresentation of the actual evidence.

 Violence against gay and lesbian people:

In the United States, the FBI reported that 15.6% of hate crimes reported to
police in 2004 were based on perceived sexual orientation. Sixty-one percent of
these attacks were against gay men.The 1998 murder of Matthew Shepard, a
gay student, is a notorious such incident in the U.S.

Different views on homosexuality

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  Homosexuality: Encyclopedia of Judaism:

In modern usage, homosexuality is defined as sexual relations between

individuals of the same sex. In the Bible it refers to illicit relations between
males the sages extend the prohibition, though not the penalty, to lesbianism.
Intimacy between men and between women are in the category of the abhorrent
practices of the Egyptians and the Canaanites which are to be avoided.
Homosexual relations between males are considered an abomination
punishable by death.

Another term for homosexuality, sodomy, derives from the immoral practices of
the people of Sodom. In ancient times, the Sodomites practiced homosexual
rape, as when the entire population surrounded the home of Lot, Abraham's
nephew, and demanded that he release his guests (the two angels) to them
"that we may know them". Judges 19 records the decimation of the tribe of
Benjamin as a result of desire of some of its members to commit homosexual
rape.
Jewish law rejects the view that homosexuality is a disease, morally neutral, or
an alternate life style. It is condemned even when two adults mutually consent
to live together in a love relationship. Orthodox Judaism opposes the modern
tendency to legitimize homosexual behavior, but distinguishes between the
homosexual act and the homosexual person. It is the homosexual act that is
condemned as an abomination, not the individuals involved. Judaism
encourages compassion for the individuals and efforts to change their sexual
habits.

In recent years, "gay" congregations have been established in the United States
by homosexuals, male and female, who have felt themselves rejected within the
general Jewish community. The validity of such congregations has been
accepted by the Reform movement, which has taken them under its auspices.
The Reform movement has, in fact, officially sanctioned gay or lesbian
marriages, as have fringe clergymen of the Conservative movement.

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  Homosexuality: Israel Tourist

Sexual relations between members of the same sex. The question whether
homosexual practices are of legal concern raises questions of the proper extent
of the law, and of the way a distinction may be drawn between the public and
the private. It has also been a focus for discussing the relation between law and
morality, between morality and nature, and, when it is accepted that
homosexuality is not a moral issue, for querying the relation between law and
majority preferences and prejudices. See also sex

 Homosexuality : Buddhism

Buddhist sources from the earliest period contain references to homosexuality

and homosexual practices. The matter is not discussed as a moral issue,
however, and the subject of sexual ethics in general receives little attention.
This is largely because Buddhism regards monastic life as the ideal and enjoins
strict celibacy upon those who follow it. Any kind of sexual activity, whether of
a heterosexual or homosexual nature, is prohibited by the monastic code
(Vinaya), and there are severe penalties for those who break the rules. Sexual
intercourse is the the first of the four most serious monastic offences (pārājika-
dharma), and any monk or nun found guilty of it faces the penalty of lifelong
expulsion from the community. Rather than an ethical issue, homosexuality is
treated instead as a practical matter that arises in connection with admission
to the order. Certain classes of individuals were not allowed to be ordained as
monks. Among these were hermaphrodites and a class of individuals known in
the Pāli Vinaya texts as paṇḍakas, who appear to have been sexually
dysfunctional passive homosexuals who were also transvestites. These were
excluded on the grounds that their admission into a celibate community would
be inappropriate. The question of whether homosexual acts are in some sense
worse than heterosexual ones and perhaps intrinsically immoral is not pursued
in the literature. However, Buddhism is generally conservative in matters of
sex, and references in certain texts suggest it was regarded with disapproval by

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some ancient authorities. Contemporary Buddhist groups concerned with gay
rights, on the other hand, argue that such comments reflect the taboos of pre-
modern society and need to be reassessed in the light of more tolerant
contemporary attitudes. To a large extent the arguments in Buddhism mirror
the debate taking place on the issue of homosexuality within other religious
traditions.

Homosexuality :Houghton Mifflin Companion to US History:

Since the seventeenth century, homosexuality has been the target of

condemnation and discriminatory laws, public policies, social customs, and
cultural beliefs. By making gay men and lesbians the object of scorn, this
hostility has kept much homosexual behavior hidden.

Religion has been of central importance in shaping this climate. Until the
thirteenth century, the Christian tradition was ambiguous in its attitude
toward homosexuality. But with the recodification of canon law under the
influence of Thomas Aquinas, new attitudes set in. Homosexual behavior was
thereafter excoriated as a heinous sin. The English carried these beliefs to
North America, and the power of religion in early America guaranteed that such
beliefs would shape colonial attitudes.

Colonial ministers spoke out frequently against the "sin of Sodom," castigating
its appearance and warning of its dangers. For seventeenth-century settlers,
with a precarious foothold on the edge of an unknown continent, the metaphor
of an angry God destroying Sodom and Gomorrah must have been potent. The
language of colonial sodomy statutes was drawn from the Bible. In
Connecticut, the wording was taken from Leviticus 20:13: "If a man also lie
with mankind, as he lieth with a woman, both of them have committed an
abomination: they shall surely be put to death; their blood shall be upon
them." The statute remained so worded until the 1820s. Colonial statutes
severely punished homosexual activity. In every colony, sodomy was a capital
offense--at least five men were executed during this era--and other homosexual

65
acts, from "sodomitical practices" to lewdness between women, were punished
with whippings and fines. To be sure, many other sexual acts, such as adultery
and fornication, were also subject to punishment. But officials tended to single
out homosexual offenses for especially severe treatment.

In the late nineteenth century, medical science added to the negative

evaluation of homosexuality. The medical profession grew in influence, and
almost without exception, American physicians diagnosed homosexuality as a
form of illness. At first, opinion varied as to whether it was acquired or
congenital; with the ascendance of Freudianism the acquired model became
dominant.

A prolific medical literature, as well as records of treatment, suggest that many

doctors viewed homosexuality with dread. Remedies included castration,
hysterectomy, lobotomy, electroshock, and aversion therapy. Moralistic
judgments permeated the "scientific" study of homosexuality. One physician
described a case of homosexuality as "shocking to every sense of decency,
disgusting and revolting," phrases that he surely would not have applied to a
case of pneumonia or yellow fever.

66
Conclusion

From the above discussion, the Indian Penal Code should be amended timely
to make it clear so that it can work properly in modern criminal code.
amendments and repeals are necessary to bring the provisions of the Indian
Penal Code in tune with the current scenario. Thus, the aim of the legislature
should be to evolve the provision with the time. Section 309 was inserted in IPC
long back but now the situation of suicide is turned and legislature have
rightly decriminalized it. Thus in no case, does punishment serve the purpose,
it only makes it worst for the person who is suffering already. Hence,
punishment for an attempt to commit suicide is removed by the legislature.

Where SUICIDE is concerned the Supreme Court was of very different opinions
altogether for almost a decade because of the judgments in favour of those
parties challenged the constitutional validity of the Section 309, but later we
witness that the Supreme Court over-ruled their own decisions and said that
the provisions are not at all unconstitutional and hence Suicide is an offence.

The British left us redundant and ridiculous piece of legislation 145 years ago.
Then it was perceived that a homosexual person had only ‘anal’ intercourse
and this propagated the narrow-minded view that sodomy and homosexuality
was one and the same. The Section poses before us certain interesting
questions like what is ‘natural’ and what the ‘order of nature’ is all about?
Section 377 does not define either of the above terms and has left it to the
discretion of the courts, leading to a lot of controversy. Further, this section
does not differentiate between consensual and coercive sex. In the case of Fazal
Rab Choudhary v. State of Bihar, two men were engaged in a consensual
relationship. The Supreme Court sentenced the men to six months rigorous
imprisonment. What a comical tragedy, how a third party has locus standi to
institute a suit against two consenting adults who voluntarily enter into
sodomy. This clearly infringes on a person’s right to life and liberty as

67
enshrined in Article 21 of the Constitution of India. In spite of all these moral,
social and legal restriction that our society tries to exert, from every corner of
the country groups and associations of gay and lesbian people are trying to
assert their rights.

To conclude one can say that the Law and Morality are separate but they
cannot be completely divorced from each other. And it is this very Morality that
is present in the IPC that has impelled the readers, law makers, jurists,
lawyers, advocates and judges to ponder over these two sensitive topics namely
SUICIDE and HOMOSEXUALITY. We can also say that these are the criteria
where the Law clashes with Morality. As Law is dynamic in nature, that is, it
changes with the change of time, morality will confront law at one point of time
or the other, like in the case of SUICIDE and HOMOSEXUALITY.

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Bibliography
1. Jurisprudence & Legal Theory, V.D.Mahajan, Eastern Book Company,
5th Edition, Pg-99.
2. P.S.A Pillai’s, Criminal Law, K.I Vibhute, Lexis Nexis Butterworths India,
10th Edition, Pg-60
3. Section 52- “GOOD FAITH” Nothing is said to be done or believed in ‘good
faith’ which is done or believed without due care and attention.
4. Jean L. Cohen, Regulating Intimacy: A New Legal (2002).
5. Andrew Koppelman, The Gay Rights Question in Contemporary American
Law (2002).
6. Arthur S. Leonard, ed., Homosexuality And The Constitution (1997).
7. Free Bible Studywww.BJNewLife.org

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