essay on same sex marriage

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• Same Sex Marriage Essay for Students

Introduction

The same-sex marriage has sparked both emotional and political clashes between supporters and opponents for years. Although it has been regulated through law and religion in many countries around the world, legal and social responses often range from celebration to criminalisation of the pair.

Essay No - 1

Marriage equality – importance of same sex union.

Back in 2018, the Supreme Court of India passed a watershed judgement that was ordained to go down the archives of the country’s history. In spite of the majoritarian prejudices prevalent in India directed towards the LGBT community, the apex court revoked the draconian and out-dated Section 377 of the Indian Penal Code. 

This Section, in typically vague and diplomatic terms, belittled homosexuality and criminalised intercourse that goes against the “laws of nature”. It was incorporated into the Indian Penal Code under the British Raj in 1861, and it took the Indian judiciary system 70 years since independence, to abrogate the law and decriminalise homosexuality. 

Nonetheless, the landmark decision was met with euphoria from its proponents, especially the activists who fought for the cause for more than a decade, wrangling with society and courts to attain equality in the eyes of the law. Even though a marriage equality essay is far from sight in a time when it is legal to marry the person one loves irrespective of their gender identity or sex, the decision by Supreme Court portends its occurrence. 

Equality in Marriage

Equality in marriage is an idea, which propagates that all marriages notwithstanding whether it is a Sapphic marriage or gay marriage or heterogeneous matrimony are equal and should enjoy similar rights and status in society.

Unfortunately, our society’s construct is such that we grow up with the idea that only a man and woman can be bound in matrimony. And while doing so, we overlook the multitudes of individuals that associate with different sexual preferences and gender identities. 

While the western world marches toward inclusive societies, where individuals are treated as equals irrespective of their sexuality or gender, we still are in the embryonic stages towards such acceptance. 

If one searches for same-sex marriage essay or statistics, one will find that support for marriage equality in countries like the USA hovers above 60%, a data presented by Pew Research Center. And if one were to rummage through the same statistics for India, it is a dismal 18%, according to a poll by Mood of the Nation (MOTN) in 2019.

Importance of Same-Sex Marriage

Because no change is appreciated until it contributes to the betterment of society in one way or another, proponents of an inclusive society have long contested its importance in same-gender marriage essays and discourses.

We are an overpopulated country and encouragement of marriage equality and an increase in same-sex matrimonies would lead to lower population growth. At the same time, it might witness a growth in adoptions of orphans, which is a significant move towards a holistic society. 

And last but not the least it would be an encouraging shift towards adherence to the laws of human rights, which dictates that no human should live under discrimination, fear, or oppression. 

The seeds of prejudice prevalent in our society, however, will not change overnight. Our traditions and social construct are vastly different from those of western societies. A change in mindset is a process that might take decades and even centuries. 

Nonetheless, the change should begin somewhere. And awareness that every human is equal and their preferences and choices about who they love and marry should not be a ground for discrimination is quintessential to that change. 

Essay No - 2

Same-gender marriage: a threat or blessing for the reunion of two people.

Marriage or wedlock is the cultural union of two people for a lifetime. Considered an integral part of one’s life, it involves both legal and social formalities performed by the two families in concern. Besides, it also comprises regulations and obligations to be followed by the spouses and their children as well as their immediate family members.

However, there have been instances where marriage equality essays have been spoken of by many. These are instances where marriage between couples of the same gender is considered inappropriate. Nevertheless, the global society is evolving and people are coming out of the closet more often than ever before.

How Does the World Perceive?

Most communities are becoming liberal in terms of being more accepting in nature. People by and large are taking a stand to abide by their sexuality. It is no more a matter of shame that has to be kept hidden or shut behind the doors.

Multiple same sex marriage essay has come up sighting the incidents where the couple were accepted by their respective families. In addition, the act of legalization of same-sex marriage has been going on since the past two decades with great vigour.

Countries like the Netherlands, Spain, and Belgium had legalised it in the wake of the 2000s, while other countries such as Canada, South Africa, and Norway followed suit in the upcoming years.

The marriage equality essay has been in the limelight because more people are opening up about the benefits and importance of such marriages in today’s world. The reasons that have fuelled such a dramatic change can be listed below as -

People can be themselves and do not have to try hard to get accepted for who they are.

They are proud of both their individuality as well as sexuality and do not have to wear a mask.

They can plan for the future instead of having to succumb to societal pressure.

Same-sex couples now have the opportunity to live with their loved ones happily, without having to take cover. 

The spread of the same gender marriage essay has been a saviour for many who were not aware of the changes that are taking place all around the world. It has not only made the LGBTQ community aware but also encouraged them to evaluate themselves and take the plunge to raise their voices too. They can now take a stand for themselves and feel relieved that they are not discriminated against anymore.

What is the Scope in the Future?

Although a significant part of the world including countries like Taiwan, Germany, USA, etc. have been able to match the steps with the advancing surrounding; there is still a section who has not. Even now, marriage equality essays and other online content create backlash.

Therefore, it is essential that more people come forward and join hands to the cause of being united in terms of accepting the bond between people. 

Essay No – 3

Same-sex marriage - the changing attitude of modern society.

Most religions and cultures accept that marriage is not a trivial matter but is a key to the pursuit of happiness. However, they still openly criticise the practice of same-sex weddings. Fortunately, the stigma related to homophobia and LGBTQ community is slowly but surely lessening. Better education, introduction to different cultures, and an open mindset played a critical role in this development. 

Let’s discuss the changing attitude of today’s society and the benefits a culture might enjoy in this same-sex marriage essay.

The History of Same-Sex Marriage

During the mid-20 th century, historian Johann Jakob Bachofen and Lewis Henry Morgan made systematic analyses of the marriage and kinship habits in different cultures. They noted that most cultures expressed support towards a heteronormative form of marriage that revolves around union between opposite-sex partners. However, all these cultures practised some form of flexibility while following these ideals. 

Scholars like historian John Boswell often declared that same-sex unions were recognised in medieval Europe, but the most notable changes were introduced during the late 20 th century. 

An Accepting Society

A more stable society was created over the years, with a better understanding of each other and acceptance for the different. As the culture opened its arms to learn about others, it also learned about minority groups such as the LGBT community. Similar to racial equality, or the equality movement for women, growing acceptance of that community ultimately made the commune much more stable. 

Many consider that same-sex unity will only benefit the homosexual community. However, it leaves a much more profound impact on the overall society. To begin with, it will reduce homophobia by a significant margin. Acknowledging a homosexual relationship will also reduce hate crimes in countries like India. There are many research papers and marriage equality essays available that show how communities that allow an individual to choose their partner to enjoy a significantly less rate of crime. 

The Economic Boost

An unlikely benefit of same-sex marriage and a compassionate society towards homosexuals is the economic boost. For one, the wedding and marriage industry is the biggest beneficiary of same-sex marriage, as it increases their customer base by a significant margin. It also allows several business providers to service them, and helps the travel and tourism industry by boosting the number of honeymoon goers.

For example, businesses in New York enjoyed almost 260 million dollars boost within a year when same-sex marriage was legalised. Similar effects were also found in other countries.

Even though India still hasn’t shaken the stigma attached to a same-sex relationship, somewhat modern society is slowly learning to accept the diversity of human nature. With the help of the government, activists, and hundreds of individuals creating and posting blogs, same-gender marriage essays on the internet, society is gradually becoming an understanding and nurturing entity for everyone.

FAQs on Same Sex Marriage Essay for Students

1. Which countries have legalized same-sex marriage and when?

With the advancement in the thought process of people, many countries have passed laws in favor of same-sex marriage, thereby legalizing it in their countries. The first countries to legalize same-sex marriage before 2010 were the Netherlands who legalized it in 2001, Belgium legalized it in 2003, Canada and Spain legalized it in 2005, South Africa in 2006, Sweden and Norway in 2009 and Iceland, Argentina, and Portugal legalized same-sex marriage in 2010. Later on, Denmark legalised it in 2012, and countries like Uruguay, New Zealand, France, and Brazil in 2013, Ireland, Luxembourg, and the United States in 2015, Colombia in 2016,  Malta, Germany, and Finland in 2017, Australia in 2018 and Ecuador and Austria in 2019. The recent country to legalize same-sex marriage is the United Kingdom. Thus, now people have started accepting the idea of same-sex marriages across the world.

2. What is the importance of same-sex marriage and why should it be legalized?

As the world is progressing we all must understand that each one of us is a human being and before labelling us with our caste and love preference, we must learn to respect each other. In this progressing era as more people with same-sex preference are coming up it has become more important to accept and legalize same-sex marriage because of the following reasons:

It will give people a chance to be themselves and enjoy their own individuality.

It will make people understand that loving a person of the same sex is not wrong or abnormal.

It will teach people that it is better for people to spend their lives with someone they love and not with the person whom they don’t even like.

This will make this place a much happier space to be in.

It gives people with homosexuality a hope of a happy life.

3. What is the status of same-sex marriage in India?

Same-sex marriage in India is still not encouraged. In India, neither the laws are lenient nor the people are broad-minded to accept it happening around them. The legal and community barriers never give these people a chance to prove themselves. Indian society is not very welcoming to changes that are different from the customs and culture they have practised till now. Thus, any change in these cultural laws gives rise to an outburst of anger in the country which makes legalising these issues even more sensitive and challenging for the law. India still needs time to get accustomed to the concept of same-sex marriage. However, not knowing about the concept is a different thing, and completely opposing it is different, therefore, awareness about such issues is very necessary for the developing countries so that people can first understand the pros and cons of it and then either accept it or reject it. Not only in India, but in other countries also, the idea of same-sex marriage is not accepted because they think it is against their religion. People opposing the LGBTQ community to get the right to marry their lovers take away the very basic human right of such people. There has been a long-lasting war for the members of the LGBTQ community for their rights. Although there have been some positive results in recent years, for example, the end of Section 377, which criminalizes homosexuality. However, India still has a long way to go in terms of the LGBTQ community and their rights.

4. What approaches can be used to legalize same-sex marriage?

Same-sex marriage is currently not taken in kind words by the people but slowly and steadily the things are changing and people are able to change their perspective with respect to the LGBT community. Legalizing same-sex marriage in a country like India where a number of religions and customs are practiced is really difficult. Therefore, few approach switch can help legalize same-sex marriage without hurting any religion are that the existing laws are interpreted in such a way that they legalize same-sex marriage, LGBT can be regarded as a different community which has customs of its own that permits same-sex marriage, making amendments in the Act itself or all the religions can individually interpret their marriage laws in such a way that same-sex marriage becomes in accordance with their religion.

5. Briefly discuss your view on same-sex marriages?

Same-sex marriage refers to the marriage of the same sex which is similar to heterosexual marriages in terms of rituals and proceedings. Same-sex marriages should not be ashamed of and are justified because after all love knows no boundaries. The community must be made aware of this concept so that they can appreciate and celebrate the union of two loving souls without considering their gender. The community as a whole must attempt to legalize and accept same-sex marriage with respect to the laws, religion, and customs of the country. In the coming years, there is a ray of hope that same-sex marriages will also be celebrated just like normal marriages in India.

Same Sex Marriage Argumentative Essay, with Outline

Published by gudwriter on January 4, 2021 January 4, 2021

Example 1: Gay Marriages Argumentative Essay Outline

Introduction.

Same-sex marriage should be legal because it is a fundamental human right. To have experts write for you a quality paper on same sex marriage, seek help from a trusted academic writing service where you can buy research proposals online with ease and one you can be sure of getting the best possible assistance available

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Paragraph 1:

Same-sex marriage provides legal rights protection to same sex couples on such matters as taxes, finances, and health care.

• It gives them the right to become heirs to their spouses and enjoy tax breaks just like heterosexual married couples.
• It makes it possible for them to purchase properties together, open joint accounts, and sign documents together as couples.

Paragraph 2:

Same sex marriage allows two people in love to happily live together.

• Homosexuals deserve to be in love just like heterosexuals.
• The definition of marriage does not suggest that it should only be an exclusive union between two people of opposite sexes.

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Paragraph 3:

Same sex marriage gives homosexual couples the right to start families.

• Gay and lesbian partners should be allowed to start families and have their own children.
• A family should ideally have parents and children.
• It is not necessary that the parents be a male and female.  

Paragraph 4:

Same sex marriage does not harm the institution of marriage and is potentially more stable.

• Legalization of civil unions or gay marriages does not  negatively impact abortion rates, divorce, or marriage.
• Heterosexual marriages have a slightly higher dissolution rate on average than opposite sex marriages.

Paragraph 5:

Opponents of same sex marriage may argue that it is important for children to have a father and mother for a balanced upbringing.

• They hold that homosexual couples only have one gender influence on children.
• They forget that that children under the parental care of same sex couples get to mingle with both male and female genders in various social places.

Paragraph 6:

Opponents may also argue that same-sex marriages reduce sanctity of marriage.

• To them, marriage is a religious and traditional commitment and ceremony.
• Unfortunately, such arguments treat marriage as a man-wife union only.
• They fail to recognize that there are people who do not ascribe to any tradition(s) or religions.
• Same sex marriage is a human right that should be enjoyed just like traditional heterosexual marriages.
• It protects the legal rights of lesbian and gay couples and allows them to actualize their love in matrimony.
• It enables them to exercise their right to start families and bring up children.
• It is only fair that all governments consider legalizing same sex marriages.

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Argumentative Essay on Same Sex Marriage

For many years now, same-sex marriage has been a controversial topic. While some countries have legalized the practice, others still consider it not right and treat it as illegal. Same-sex marriage is defined as a marriage or union between two people of the same sex, such as a man and a man. Some countries have broadened their perspective on this issue even though for many years, it has never been legally acknowledged, with some societies even considering it a taboo. The United Kingdom, Spain, France, Argentina, the Netherlands, and recently the United States are some of the countries that have legalized it (Winter, Forest & Senac, 2017). Irrespective of any arguments, same-sex marriage should be legal because it is a fundamental human right.

First, same-sex marriage, if recognized by society, provides legal rights protection to same sex couples on such matters as taxes, finances, and health care. If people live together in a homosexual relationship without being legally married, they do not enjoy the security to protect what they have worked for and saved together. In case one of them dies, the surviving partner would have no right over the property under the deceased’s name even if they both funded its acquisition (Winter, Forest & Senac, 2017). Legalizing same-sex unions would cushion homosexual partners from such unfortunate situations. They would have the right to become heirs to their spouses and enjoy tax breaks just like heterosexual married couples. Legalization would also make it possible for them to purchase properties together, open joint accounts, and sign documents together as couples.

Same sex marriage also allows two people in love to become one in a matrimonial union and live happily together. Denying homosexual couples the right to marry is thus denying them the right to be in love just like heterosexuals do. Moreover, the definition of marriage does not suggest that it should only be an exclusive union between two people of opposite sexes. According to Gerstmann (2017), marriage is a formally or legally recognized union between two people in a personal relationship. As per this definition, people should be allowed to marry once they are in love with each other irrespective of their genders. Reducing marriage to a union between a man and woman is thus a direct infringement into the rights of homosexuals.

Additionally, gay marriages give homosexual couples the right to start families. Just like heterosexual couples, gay and lesbian partners should be allowed to start families and have their own children. Essentially, a family should ideally have parents and children and it is not necessary that the parents be a male and female. Same sex partners can easily adopt and bring up children if their marriage is legalized and recognized by the society in which they live (Gerstmann, 2017). As one would concur, even some heterosexual couples are not able to sire their own children and resort to adopting one or even more. This is a right that should be extended to same sex couples too given that they may not be able to give birth on their own.

Further, same sex marriage does no harm whatsoever to the institution of marriage, and is potentially more stable. According to a 2009 study, legalization of civil unions or gay marriages does not in any way negatively impact abortion rates, divorce, or marriage (Langbein & Yost, 2009). This makes it quite uncalled for to argue against or prohibit gay marriages. In yet another study, only 1.1 percent of legally married gay couples end their relationships as compared to the 2 percent annual divorce rate among opposite-sex couples (Badgett & Herman, 2011). This implies that heterosexual marriages have a slightly higher dissolution rate on average than opposite sex marriages. It could then be argued that gay marriages are more stable than traditional man-woman marriages. The two types of marriages should thus be given equal chance because neither affects the other negatively. They also have more or less equal chances of succeeding if legally recognized and accepted.

Opponents of same sex marriage may argue that it is important for children to have a father and a mother. They may say that for children to have a good balance in their upbringing, they should be influenced by a father and a mother in their developmental years. Such arguments hold that homosexual couples only have one gender influence over the lives of children and that this is less fulfilling (Badgett, 2009). However, the arguments fail to recognize that children under the parental care of same sex couples get to mingle with both male and female genders in various social places. At school, the children get to be cared for and mentored by both male and female teachers who more or less serve almost the same role as parents.

Those who are opposed to same sex unions may also argue that such marriages reduce sanctity of marriage. To them, marriage is a religious and traditional commitment and ceremony that is held very sacred by people. They contend that there is need to do everything possible to preserve marriage because as an institution, it has been degrading slowly over time. Their concern is that traditional marriages are being devalued by same sex marriages which are swaying people away from being married and instead choosing to live with same sex partners (Nagle, 2010). It is clear here that such arguments treat marriage as a man-woman union only and are thus not cognizant of the true meaning of marriage. Moreover, they fail to recognize that traditions and religions should not be used against same sex couples because there are people who do not ascribe to any tradition(s) or religions.

Same sex marriage is a human right that should be enjoyed just like traditional heterosexual marriages. It protects the legal rights of lesbian and gay couples and allows them the well-deserved opportunity of actualizing their love in matrimony. In addition, it enables them to exercise their right to start families and bring up children. Arguments made against this form of marriage, such as that it undermines traditional marriages, are based on opinions and not facts. Moreover, it is not important for a child to have a father and a mother because there are other places in which they actively interact with people of different sexes. As such, it is only fair that all governments consider legalizing gay marriages.

Badgett, M. V., & Herman, J. L. (2011).  Patterns of relationship recognition by same-sex couples in the United States [PDF]. The Williams Institute. Retrieved from https://williamsinstitute.law.ucla.edu/wp-content/uploads/Marriage-Dissolution-FINAL.pdf .

Badgett, M. V. (2009). When gay people get married: what happens when societies legalize same-sex marriage . New York, NY: NYU Press.

Gerstmann, E. (2017). Same-sex marriage and the constitution . New York, NY: Cambridge University Press.

Langbein, L., & Yost, M. A. (2009). Same-sex marriage and negative externalities.  Social Science Quarterly , 90(2), 292-308.

Nagle, J. (2010). Same-sex marriage: the debate . New York, NY: The Rosen Publishing Group.

Winter, B., Forest, M., & Senac, R. (2017). Global perspectives on same-sex marriage: a neo-institutional approach . New York, NY: Springer.

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Example 2: Sample Essay Outline on Same Sex Marriages

Thesis:  Same sex marriage, just like opposite sex marriage, should be legal.

Pros of Same Sex Marriage

Same sex couples are better at parenting.

• Children brought up by same sex couples do better in terms of family cohesion and overall health.
• Children under the guardianship of lesbian mothers perform better academically and socially.

Same sex marriage reduces divorce rates.

• The divorce rates in a state were reduced significantly after the state legalized gay marriages. Higher divorce rates were recorded in states where gay marriages are prohibited.
• Divorce is not good for family cohesion.

Same sex marriage increases psychological wellbeing.

• Bisexuals, gays, and lesbians feel socially rejected if society views same-sex marriages as illegal or evil.
• After some states banned this kind of marriage, bisexuals, gays, and lesbians living there experienced increased anxiety disorders.

Cons of Same Sex Marriage

Same sex marriages may diminish heterosexual marriages.

• It could be possible for children in homosexual families to think that same sex unions are more fulfilling.
• They might want to become homosexuals upon growing up.

For a holistic development, a child should have both mother and father.

• Absence of a father or a mother in a family leaves a gaping hole in the life of a child.
• A child needs to learn how to relate with both male and female genders right from when they are born.

Other non-typical unions may be encouraged by same sex unions.

• People who get involved in such other acts as bestiality and incest may feel encouraged.
• They might start agitating for their “right” to get married to animals for instance.

Why Same Sex Marriage Should Be Legal

Paragraph 7:

Marriage is a fundamental human right.

• All individuals should enjoy marriage as a fundamental right.
• Denying one the right to marry a same sex partner is akin to denying them their basic right.

Paragraph 8:

Marriage is a concept based on love.

• It is inaccurate to confine marriage to be only between a man and woman.
• Marriage is a union between two people in love with each other, their gender or sexual orientation notwithstanding.

Paragraph 9:

opponents of same-sex marriage argue that a relationship between same-sex couples cannot be considered marriage since marriage is the union between a man and a woman.

• However, this definitional argument is both conclusory and circular.
• It is in no way logical to challenge gay marriage based on this archaic marriage definition.

Same sex marriage should be legalized by all countries in the world. In the U.S., the debate surrounding its legalization should die off because it is irrelevant. People have the right to marry whoever they like whether they are of the same sex.

Same Sex Marriage Essay Example

The idea of same sex marriage is one of the topics that have been widely debated in the United States of America. It has often been met with strong opposition since the majority of the country’s citizens are Christians and Christianity views the idea as evil. On the other hand, those who believe it is right and should be legalized have provided a number of arguments to support it, including that it is a fundamental human right. This debate is still ongoing even after a Supreme Court ruling legalized this type of marriage. However, this debate is unnecessary because same sex marriage, just like opposite sex marriage, should be legal.

It has been proven through studies that same sex couples are better at parenting. A University of Melbourne 2014 study indicated that compared to children raised by both mother and father, children brought up by same sex couples do better in terms of family cohesion and overall health. Similarly, the journal  Pediatrics  published a study in 2010 stating that children under the guardianship of lesbian mothers performed better academically and socially (Gerstmann, 2017). The children also experienced fewer social problems.

Same sex marriages also reduce divorce rates. According to Gerstmann (2017), the divorce rates in a state were reduced significantly after the state legalized gay marriages. This was as per the analysis of the before and after divorce statistics. Likewise, higher divorce rates were recorded in states where gay marriages are prohibited. Generally, divorce is not good for family cohesion especially in terms of caring for children. Children need to grow up under the care of both parents hence the need for their parents to stay together.

In addition, same sex marriage increases psychological wellbeing. This is because bisexuals, gays, and lesbians feel socially rejected if society views same-sex marriages as illegal or evil. A study report released in 2010 showed that after some states banned this kind of marriage, bisexuals, gays, and lesbians living there experienced a 248% rise in generalized anxiety disorders, a 42% increase in alcohol-use disorders, and a 37% rise in mood disorders (Winter, Forest & Senac, 2017). In this respect, allowing such marriages would make them feel normal and accepted by society.

Same sex marriages may diminish heterosexual marriages and the longstanding marriage culture in society. Perhaps, it could be possible for children in homosexual families to think that same sex unions are more fulfilling and enjoyable than opposite-sex relationships. As a result, they might want to become homosexuals upon growing up. This would mean that standardized marriages between opposite sexes face a bleak future (Nagle, 2010). Such a trend might threaten to throw the human race to extinction because there would be no procreation in future generations.

Same sex unions also fall short because for a holistic development, a child should have both a mother and a father. Absence of a father or a mother in a family leaves a gaping hole in the life of a child. The two major genders in the world are male and female and a child needs to learn how to relate with both of them right from when they are born (Nagle, 2010). A father teaches them how to live alongside males while a mother teaches them how to do the same with females.

Further, other non-typical unions may be encouraged by same sex unions. If the marriages are accepted worldwide, people who get involved in such other acts as bestiality and incest may feel encouraged (Winter, Forest & Senac, 2017). They might even start agitating for their “right” to get married to animals, for instance. This possibility would water down and deinstitutionalize the whole concept of consummation and marriage. This would further diminish the existence of heterosexual marriages as people would continue to find less and less importance in them.

Same sex unions should be legal because marriage is a fundamental human right. It has been stated by the United States Supreme Court fourteen times since 1888 that all individuals should enjoy marriage as a fundamental right (Hertz & Doskow, 2016). In making these judgments, the Supreme Court has repeatedly stated that the Due Process Clause protects as one of the liberties the freedom to make personal choice in matters of marriage. The Court has maintained that this free choice is important as it allows free men to pursue happiness in an orderly manner. Thus, denying one the right to marry a same sex partner is akin to denying them their basic right.

People should also be legally allowed to get into same sex unions since marriage is a concept based on love. It is traditionally inaccurate to confine marriage to be only between a man and a woman. The working definition of marriage should be that it is a union between two people in love with each other, their gender or sexual orientation notwithstanding (Hertz & Doskow, 2016). Making it an exclusively man-woman affair trashes the essence of love in romantic relationships. If a man loves a fellow man, they should be allowed to marry just like a man and a woman in love may do.

As already alluded to, opponents of same-sex marriage argue that a relationship between same-sex couples cannot be considered marriage since marriage is the union between a man and a woman. Based on this traditional definition of marriage, they contend that gay and lesbian couples should not marry. However, as noted by Carpenter (2005), this definitional argument is both conclusory and circular and is thus seriously flawed and fallacious. It is in no way logical to challenge gay marriage based on this archaic marriage definition. That marriage only happens when one man and one woman come together in a matrimony is a constricted view of the institution of marriage. Moreover, there are no reasons accompanying the definition showing that it is the right one or should be the only one (Carpenter, 2005). Therefore, it should be expanded to include same-sex couples. The lack of reasons to support it makes it defenseless thus weak.

Same sex marriages should be legalized by all countries in the world. In the U.S., the debate surrounding its legalization should die off because it is irrelevant. People have the right to marry whoever they like whether they are of the same sex or not. Just like love can sprout between a man and a woman, so can it between a man and a fellow man or a woman and a fellow woman. There is absolutely no need to subject gays, lesbians, and bisexuals to unnecessary psychological torture by illegalizing same sex marriage.

Carpenter, D. (2005). Bad arguments against gay marriage.  Florida Coastal Law Review , VII , 181-220.

Gerstmann, E. (2017).  Same-sex marriage and the constitution . New York, NY: Cambridge University Press.

Hertz, F., & Doskow, E. (2016).  Making it legal: a guide to same-sex marriage, domestic partnerships & civil unions . Berkeley, CA: Nolo.

Nagle, J. (2010).  Same-sex marriage: the debate . New York, NY: The Rosen Publishing Group.

Winter, B., Forest, M., & Senac, R. (2017).  Global perspectives on same-sex marriage: a neo-institutional approach . New York, NY: Springer.

Example 3: Same Sex Marriage Essay

Same Sex Marriage Essay- Changing Attitudes on Gay Marriage. Discuss how the idea of gay marriage has changed over the last decade and show the progression of the movement.

Changing Attitudes on Same Sex Marriage Essay Outline

Introduction 

Thesis:  Gay marriage was regarded as an abomination in the early years, but in recent times the attitude of the society towards same-sex marriage is gradually changing.

In 1965, 70% of Americans were opposed to same-sex marriage.

• They cited its harmfulness to the American life.
• Prevalence of AIDS among gay people further increased this opposition.

Social gay movements contributed to change in the attitude of the society towards gay marriage.

• Gay movements increased the exposure of members of the society to gay marriage while showing their sufferings.
• Through social movements, the society saw the need for equality and fair treatment of gay persons.

Political movements in support of gay marriage have as well contributed to change in the attitude of the society towards gay marriage.

• Political bodies and politicians pushed for equality of gay people in efforts to garner political mileage.
• The influence of politicians changed the attitude of the society towards gay marriage.

The incidence of gay people, particularly in the United States has contributed to change in the attitude of the society towards gay marriage.

• Increase in the number of gay persons pushed people into accepting gay marriage.
• The media contributed in gathering compassion from members of the society by evidencing the sufferings of gay people.

The judiciary upheld the legitimacy of same-sex marriage.

• In 2014, 42 court rulings were made in favor of gay marriage.
• There are more than 30 states today with policies in support of same-sex marriage.

The increased push for the freedom of marriage contributed to changing the attitude on gay marriage.

• The Supreme Court ruling in 1987 that stopped governments from restricting the freedom of marriage worked in favor of same-sex marriage.

Paragraph 7: 

Supporters of same sex marriage have also increasingly argued that people should be allowed to marry not necessarily based on their gender but on the love between them.

• Restricting marriage to a union between heterosexual couples only creates a biased view of human sexuality.
• An adult should be allowed the freewill to seek for the fulfillment of love by starting a relationship with a partner of whichever gender of their choosing.

Gay marriage has been the subject of social, political and religious debates for many years but over the past two decades, the attitude of the society towards same-sex marriage has changed. Social gay movements and increased incidence of gay people has compelled the community to accept and tolerate gay marriages. The judiciary has as well contributed to this change in attitude by pushing the freedom and right to marriage.

Changing Attitudes on Same Sex Marriage Sample Essay

In the early years, gay marriage was an abomination and received criticism from many members of society. The principal reason as to why many people in society were objected to gay marriage was that it went against religious and societal values and teachings (Decoo, 2014). However, over the past three decades, the perception of society towards the practice has changed. The degree of its social tolerance and acceptance has gradually improved. In the 2000s, numerous social and political lobby groups pushed for a change in insolences towards gay marriage (Decoo, 2014). Though these lobby groups have tried to advocate for the rights of gay people, their principal focus was to change people’s attitudes towards homosexuality.

According to a study conducted in the year 1965 investigating the attitudes of Americans towards gay marriage, seventy percent of the respondents were opposed to the idea of same-sex marriage citing its harmfulness to the American life. Most Americans felt that the practice went against the social and moral values of the American society. In the years between 1975 and 1977, the number of Americans who were not objected to gay marriage increased (Decoo, 2014). However, this number decreased in the years of 1980, when the prevalence of AIDS among gay people hit alarming levels. In the years that followed, the attitudes of the American society towards gay marriage rapidly changed.

The rise of gay social movements has contributed significantly to a change in attitude of the society towards gay marriage. In the early years, people were not exposed to issues of same-sex marriage, but the gay social movements focused on increasing the exposure of gay marriage, while advocating for their equal treatment (Keleher & Smith, 2018). These movements were able to reveal the injustices and unfair treatment that gays were exposed to, and how such unfair treatment tarnishes the image of the society (Keleher & Smith, 2018). The movements persuaded the society to embark on ways of addressing injustices meted out on gay people. Through highlighting these injustices, members of the society acknowledged the need for reforms to bring about impartiality and non-discrimination in marriage.

Political movements in support of gay marriage have as well contributed to changing the attitude of the society towards the practice. As a matter of fact, one of the strategies that gay social movements employed in their advocacy for gay rights were political maneuvering (Demock, Doherty & Killey, 2013). The lobby groups approached aspiring politicians, who would advocate for equal rights of gays to garner political mileage. With time, politicians would use the subject to attack their competitors who were opposed to the idea of same sex marriage (Demock, Doherty & Killey, 2013). This increased political support for gay marriage influenced members of the society into changing their attitude towards the same.

The ever increasing number of gays, particularly in the United States, has contributed to a change in the attitude of the world society towards gay marriage. As the number of gays increased in the U.S., it became hard for members of the society to continue opposing this form of marriage (Demock, Doherty & Killey, 2013). Many families had at least one or more of their family members who would turn out to be gay. The perception of gay people by such families would therefore change upon learning that their loved ones were also gay (Demock, Doherty & Killey, 2013). The media also played a significant role in gathering compassion from the members of the society by portraying the injustices that gay people experienced (Demock, Doherty & Killey, 2013). The society would as a result be compelled to sympathize with gays and lesbians and thus change their stance on same-sex marriage.

Further, the judiciary has also contributed to the change in the attitude of the society towards gay marriage. There were states in the U.S. that initially illegalized same sex marriages, prompting gay people to file discrimination lawsuits (Coontz, 2014). Reports indicate that in the year 2014, there were more than 42 court rulings that ruled in favor of same-sex couples (Coontz, 2014). Some critics of same-sex marriage termed these rulings as judicial activism. They argued that the judiciary was frustrating the will of the American society, which was opposed to same-sex marriage (Coontz, 2014). Following these rulings and the increased advocacy for equality and fair treatment of gay people, some states implemented policies is support of same-sex marriage (Coontz, 2014). Today, the entire United States treats the practice as legal, as was determined by the Supreme Court back in 2015.

The increased push for the freedom of marriage has also contributed to changing the attitude on gay marriage. In the early years, there were states, especially in the United States, that opposed interracial marriages, so that a white could not marry an African-American, for instance (Coontz, 2014). In the years before 1967, there were states that restricted people with tuberculosis or prisoners from getting married. Other states also discouraged employers from hiring married women. However, in 1987 the Supreme Court ruled that state governments had no right to deny people of their freedom of marriage (Coontz, 2014). When such laws were regarded as violations of human rights, gay people also termed the restriction of same-sex marriage as a violation of their liberty and freedom to marry.

Supporters of same sex marriage have also increasingly argued that people should be allowed to marry not necessarily based on their gender but on the love between them and their decision as two adults. According to such people, restricting marriage to a union between heterosexual couples only creates a biased view of human sexuality. For example, they point out that this extreme view fails to acknowledge that gay couples also derive fulfilment from their romantic relationships (Steorts, 2015). They additionally contend that an adult should be allowed the freewill to seek for this fulfillment by starting a relationship with a partner of whichever gender of their choosing. Whether they love a man or a woman should not be anybody’s concern. The argument also notes that gay couples who have come out clearly demonstrate that they are happy in their relationships.

Gay marriage has been the subject of social, political, and religious debates for many years but over the past two decades, the attitude of the society towards it has significantly changed. Social gay movements and increased numbers of gay people has compelled the community to accept and tolerate the practice. The judiciary has as well contributed to this change in attitude by pushing the freedom and right to marriage, thereby finally making the practice legal in the United States.

Coontz, S. (2014). “Why America changed its mind on gay marriageable”.  CNN . Retrieved June 23, 2020 from  http://edition.cnn.com/2014/10/13/opinion/coontz-same-sex-marriage/index.html

Decoo, E. (2014).  Changing attitudes toward homosexuality in the United States from 1977 to 2012 . Provo, UT: Brigham Young University.

Demock, M., Doherty, C., & Kiley, J. (2013). Growing support for gay marriage: changed minds and changing demographics.  Gen ,  10 , 1965-1980.

Keleher, A. G., & Smith, E. (2008). Explaining the growing support for gay and lesbian equality since 1990. In  Annual Meeting of the American Political Science Association, Boston, MA .

Steorts, J. L. (2015). “An equal chance at love: why we should recognize same-sex marriage”.  National Review . Retrieved June 23, 2020 from  https://www.nationalreview.com/2015/05/yes-same-sex-marriage-about-equality-courts-should-not-decide/

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• Introduction

Cultural ideals of marriage and sexual partnership

Religious and secular expectations of marriage and sexuality.

• International
• United States
• The future of same-sex marriage
• Same-sex marriage around the world

same-sex marriage

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• Pew Research Center - How people around the world view same-sex marriage
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same-sex marriage , the practice of marriage between two men or between two women. Although same-sex marriage has been regulated through law, religion, and custom in most countries of the world, the legal and social responses have ranged from celebration on the one hand to criminalization on the other.

Some scholars, most notably the Yale professor and historian John Boswell (1947–94), have argued that same-sex unions were recognized by the Roman Catholic Church in medieval Europe, although others have disputed this claim. Scholars and the general public became increasingly interested in the issue during the late 20th century, a period when attitudes toward homosexuality and laws regulating homosexual behaviour were liberalized, particularly in western Europe and the United States.

The issue of same-sex marriage frequently sparked emotional and political clashes between supporters and opponents. By the early 21st century, several jurisdictions, both at the national and subnational levels, had legalized same-sex marriage; in other jurisdictions, constitutional measures were adopted to prevent same-sex marriages from being sanctioned, or laws were enacted that refused to recognize such marriages performed elsewhere. That the same act was evaluated so differently by various groups indicates its importance as a social issue in the early 21st century; it also demonstrates the extent to which cultural diversity persisted both within and among countries. For tables on same-sex marriage around the world, in the United States, and in Australia, see below .

Perhaps the earliest systematic analyses of marriage and kinship were conducted by the Swiss legal historian Johann Jakob Bachofen (1861) and the American ethnologist Lewis Henry Morgan (1871); by the mid-20th century an enormous variety of marriage and sexual customs across cultures had been documented by such scholars. Notably, they found that most cultures expressed an ideal form of marriage and an ideal set of marriage partners, while also practicing flexibility in the application of those ideals.

Among the more common forms so documented were common-law marriage ; morganatic marriage , in which titles and property do not pass to children; exchange marriage , in which a sister and a brother from one family marry a brother and a sister from another; and group marriages based on polygyny (co-wives) or polyandry (co-husbands). Ideal matches have included those between cross-cousins , between parallel cousins, to a group of sisters (in polygyny) or brothers (in polyandry), or between different age sets . In many cultures the exchange of some form of surety, such as bride service, bridewealth , or dowry , has been a traditional part of the marriage contract.

Cultures that openly accepted homosexuality, of which there were many, generally had nonmarital categories of partnership through which such bonds could be expressed and socially regulated. Conversely, other cultures essentially denied the existence of same-sex intimacy, or at least deemed it an unseemly topic for discussion of any sort.

Over time the historical and traditional cultures originally recorded by the likes of Bachofen and Morgan slowly succumbed to the homogenization imposed by colonialism. Although a multiplicity of marriage practices once existed, conquering nations typically forced local cultures to conform to colonial belief and administrative systems. Whether Egyptian, Vijayanagaran, Roman, Ottoman, Mongol, Chinese, European, or other, empires have long fostered (or, in some cases, imposed) the widespread adoption of a relatively small number of religious and legal systems. By the late 20th and early 21st centuries, the perspectives of one or more of the world religions— Buddhism , Hinduism , Judaism , Islam , and Christianity —and their associated civil practices were often invoked during national discussions of same-sex marriage.

Perhaps because systems of religion and systems of civil authority often reflect and support each other, the countries that had reached consensus on the issue by the early 2000s tended to have a single dominant religious affiliation across the population; many such places had a single, state-sponsored religion. This was the case in both Iran, where a strong Muslim theocracy had criminalized same-sex intimacy, and Denmark , where the findings of a conference of Evangelical Lutheran bishops (representing the state religion) had helped smooth the way for the first national recognition of same-sex relationships through registered partnerships. In other cases, the cultural homogeneity supported by the dominant religion did not result in the application of doctrine to the civic realm but may nonetheless have fostered a smoother series of discussions among the citizenry: Belgium and Spain had legalized same-sex marriage, for instance, despite official opposition from their predominant religious institution, the Roman Catholic Church.

The existence of religious pluralities within a country seems to have had a less determinate effect on the outcome of same-sex marriage debates. In some such countries, including the United States , consensus on this issue was difficult to reach. On the other hand, the Netherlands —the first country to grant equal marriage rights to same-sex couples (2001)—was religiously diverse , as was Canada , which did so in 2005.

Most of the world religions have at some points in their histories opposed same-sex marriage for one or more of the following stated reasons: homosexual acts violate natural law or divine intentions and are therefore immoral; passages in sacred texts condemn homosexual acts; and religious tradition recognizes only the marriage of one man and one woman as valid. In the early 21st century, however, Judaism, Christianity, Hinduism, and Buddhism all spoke with more than one voice on this issue. Orthodox Judaism opposed same-sex marriage, while the Reform, Reconstructionist, and Conservative traditions allowed for it. Most Christian denominations opposed it, while the United Church of Christ , the United Church of Canada , and the Religious Society of Friends ( Quakers ) took a more favourable stand or allowed individual churches autonomy in the matter. The Unitarian Universalist churches and the gay-oriented Universal Fellowship of Metropolitan Community Churches fully accepted same-sex marriage. Hinduism , without a sole leader or hierarchy , allowed some Hindus to accept the practice while others were virulently opposed. The three major schools of Buddhism —Theravada, Mahayana, and Vajrayana—stressed the attainment of enlightenment as a basic theme; most Buddhist literature therefore viewed all marriage as a choice between the two individuals involved.

Sexuality is but one of many areas where religious and civic authority interact; definitions of the purpose of marriage is another. In one view, the purpose of marriage is to ensure successful procreation and child rearing. In another, marriage provides a—and perhaps “the”—fundamental building block of stable communities , with procreation as an incidental by-product. A third perspective holds that marriage is an instrument of societal domination and so is not desirable. A fourth is that relationships between consenting adults should not be regulated by the government. Although most religions subscribe to just one of these beliefs, it is not uncommon for two or more viewpoints to coexist within a given society.

Proponents of the first view believe that the primary goal of marriage is to provide a relatively uniform social institution through which to produce and raise children. In their view, because male and female are both necessary for procreation, the privileges of marriage should be available only to opposite-sex couples. In other words, partnerships involving sexual intimacy should have at least a notional potential for procreation. From this perspective, the movement to legally recognize same-sex marriage is a misguided attempt to deny the social, moral , and biological distinctions that foster the continued existence of society and so should be discouraged.

Because this view considers biological reproduction a sort of social obligation, its advocates tended to frame individuals’ legal and moral commitment to one another as a matter of genetic relatedness. In cases of inheritance or custody, for instance, they generally defined the parents’ legal duties to their biological children differently than those to their stepchildren. Among groups who feel strongly that same-sex marriage is problematic , there is also a tendency for the legal relationships of spouses, parents, and children to converge. Typically, these societies provide for the automatic inheritance of property between spouses, and between parents and children, and allow these close kin to co-own property without joint ownership contracts. In addition, such societies often allow close kin a variety of automatic privileges such as sponsoring immigration visas or making medical decisions for one another; for those with whom one shares no close kin relationship, these privileges typically require legal interventions. Such legal circumventions are usually more difficult for, and in some cases even prohibited to, same-sex couples.

In contrast to the procreative model of marriage, advocates of the legalization of same-sex marriage generally believed that committed partnerships involving sexual intimacy are valuable because they draw people together to a singular degree and in singular ways. In this view, such relationships are intrinsically worthy while also quite distinct from (though not incompatible with) activities associated with the bearing or raising of children. Sexual partnerships are one of a number of factors that bond adults together into stable household units. These households, in turn, form the foundation of a productive society—a society in which, albeit incidentally, children, elders, and others who may be relatively powerless are likely to be protected.

From this perspective, the devaluation of same-sex intimacy is immoral because it constitutes arbitrary and irrational discrimination , thereby damaging the community . Most same-sex marriage advocates further held that international human rights legislation provided a universal franchise to equal treatment under the law. Thus, prohibiting a specific group from the full rights of marriage was illegally discriminatory. For advocates of the community-benefit perspective, all the legal perquisites associated with heterosexual marriage should be available to any committed couple.

In contrast to these positions, self-identified “queer” theorists and activists sought to deconstruct the paired oppositional categories common in discussions of biology, gender, and sexuality (e.g., male-female, man-woman, gay-straight) and to replace these with categories or continua that they believed better reflect the actual practices of humanity. Queer advocates contended that marriage is an institution of “hetero-normality” that forces individuals into ill-fitting cultural categories and demonizes those who refuse to accept those categories. For these reasons, they maintained that consensual intimacy between adults should not be regulated and that marriage should be disestablished as a cultural institution.

A fourth view, libertarianism , had different premises from queer theory but somewhat similar ramifications; it proposed that government powers should be strictly limited, generally to the tasks of maintaining civil order, infrastructure , and defense. For libertarians, marriage legislation of any sort—either the legalization or the prohibition of same-sex marriage—fell outside of the role of government and was unacceptable. As a result, many libertarians believed that marriage should be “privatized” (i.e., removed from government regulation) and that citizens should be able to form partnerships of their choosing.

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Same Sex Marriage Essay | Essay on Same Sex Marriage for Students and Children in English

February 13, 2024 by Prasanna

Same Sex Marriage Essay: Sex is a biological term that differentiates between two biologically different human beings- the Male and the Female. When we talk about same sex marriage, we are intending to a sacred union of two people belonging to the same sex. This union can be called when two females get married to each other or when two males get married to each other. It is not the sex or gender that binds two souls together but love and care for each other.

Same sex marriage has been legal in many countries for a very long time. Indian judicial system legalized LGBTQ+ rights on 6 September 2018.

You can also find more  Essay Writing  articles on events, persons, sports, technology and many more.

Long and Short Essays on Same Sex Marriage for Students and Kids in English

We are providing a long essay on same sex marriage of 500 words and a short essay of 150 words on the same topic along with ten lines about the topic to help readers.

Long Essay on Same Sex Marriage 500 Words in English

Long Essay on Same Sex Marriage is usually given to classes 7, 8, 9, and 10.

Love has no boundaries; thus, marriages are no longer limited to heterosexual sted in couples. Same sex marriages have been legalized in several countries that have lead to the initiation of demanding equal rights by the people of the LGBTQ+ Community. With the struggle of these activities, it has now become possible for same sex couples to be free and enjoy equal rights in some countries.

Same sex marriages are not a trend or western influence that is adapted by the society. Same sex attraction has existed from ancient times. It was not openly and vividly talked about due to lack of knowledge and understandings. It is still a taboo in most of the world. It is our responsibility to educate ourselves and the world so that the same sex couples do not face discrimination.

In India, same sex marriages are yet to be legalized. On 6 September 2018, the Supreme court of India decriminalizedecriminalize gay sex marking a historic judgement in the Indian judiciary. The court defined love to be without boundaries. This historical judgement is a result of prolonged protests and sufferings. It was welcomed and celebrated by the country with joy.

Same sex marriages are held like every other marriage. The rituals and traditions are not different for the same sex marriage than a heterosexual marriage. Both kinds of marriage are intended to unite two souls who are in love and care for each other. Discriminating and judging same sex couples in inhuman and wrong. This mindset needs to be changed as we are moving towards a progressive world.

To understand the concept of same sex attraction and the LGBTQ+ community, proper sex education must be introduced in school level. This education is very important so that a person discovers the true soul and desire within oneself. It is always said to be with the person one loves. To find the person one loves, we must educate ourselves about the different aspects of love and desire. Educating oneself of the various aspects of sexual attraction will lead us to be a better person and make others a better person.

You can now access more Essay Writing on this topic and many more.

Same sex marriages are ridiculed at most places by society. It is wrong to discriminate human beings for their sexual preferences. Nor it is our right to devoid them of the fundamental rights as a human being. They are humans who deserve respect in all points of their life irrespective of their sexual preference.

We have come a long way now in protecting gay rights. It is the duty of every individual to support the cause of equality. Same sex marriages must be legalized in all parts of the world, and the same sex couples must be given equal human rights.

Same sex marriages must be welcomed with joy, and the same sex couples must not be subjected to discriminations. Marrying anyone is a basic fundamental right, thus not allowing the same sex couples to get married is devoiding basic human rights. We must take care that the LGBTQ+ community are not devoid of their fundamental rights and are treated with respect like everybody else.

Short Essay on Same Sex Marriage 150 Words in English

Short Essay on Same Sex Marriage is usually given to classes 1, 2, 3, 4, 5, and 6.

Marriages are sacred events that unite two people who are in love irrespective of their gender. Same sex marriages are those marriages where humans of the same sex get married to each other. Same sex marriages are somewhat a taboo, that isn’t talked about much. But it is very important to educate the upcoming generations of the concept that same sex marriages are completely natural and humane.

Love is the sacred thread that binds two people in a marriage. Same sex marriages are no different than normal marriages. The rituals are followed and enjoyed by the brides and grooms with their families. The only difference is the presence of two brides or two grooms. Same sex marriages must be celebrated, and same sex couples must not be devoid of equal rights.

Some countries around the world have legal rights for same sex couple just the way heterosexual couples. However, most of the countries have strict rules against same sex marriages on religious and philosophical perspective. LGBTQ+ activists are struggling to gain equality in such countries.

10 Lines on Same Sex Marriage Essay in English

1. Same sex marriages are marriages between human beings of the same sex. 2. In the same sex marriage, two females get married to each other or two males who get married to each other. 3. Same sex marriage is no different than heterosexual marriages in terms of rituals and proceedings. 4. Love sees no boundaries and thus same sex marriages are justified, right, and nothing to be ashamed of. 5. The society needs to be inclusive and appreciate the unity of two loving souls beyond the humanmade paradigms of gender. 6. All must celebrate same sex marriages. 7. The present preachers must educate themselves and prepare future generations on the topic of same sex marriages and the LGBTQ+ community. 8. The upcoming generations must be given sex education and liberty to discover themselves irrespective of judgements. 9. Same sex marriages are absolutely normal and are nothing to be ashamed of. 10. Steps must be taken by everyone to ensure same sex marriage is legal, and the same sex couple enjoys equal rights.

Frequently Asked Questions on Same Sex Marriage

Question 1. Is same sex marriage a disorder?

Answer: No, same sex marriages are not a disorder. It is completely normal and biological.

Question 2. Can anybody marry a person of the same sex?

Answer: Same sex marriages depend on the sexual preferences of an individual. Everybody is not entitled to have the same preferences.

Question 3. Are same sex marriages legal in India?

Answer: Same sex marriages are not yet legal in India.

Question 4. What is the full form of the LGBTQ community?

Answer: The full form of LGBTQ Community is Lesbian, Gay, Bisexual, Transgender and Queer community.

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The strongest argument against same-sex marriage: traditional marriage is in the public interest

by German Lopez

Opponents of same-sex marriage argued that individual states are acting in the public interest by encouraging heterosexual relationships through marriage policies, so voters and legislators in each state should be able to set their own laws.

Some groups, such as the United States Conference of Catholic Bishops, cited the secular benefits of heterosexual marriages, particularly the ability of heterosexual couples to reproduce, as Daniel Silliman reported at the Washington Post .

”It is a mistake to characterize laws defining marriage as the union of one man and one woman as somehow embodying a purely religious viewpoint over against a purely secular one,” the bishops said in their amicus brief . “Rather, it is a common sense reflection of the fact that [homosexual] relationships do not result in the birth of children, or establish households where a child will be raised by its birth mother and father.”

Other groups, like the conservative Family Research Council, warned that allowing same-sex couples to marry would lead to the breakdown of traditional families. But keeping marriage to heterosexual couples, FRC argued in an amicus brief , allows states to “channel the potential procreative sexual activity of opposite-sex couples into stable relationships in which the children so procreated may be raised by their biological mothers and fathers.”

To defend same-sex marriage bans, opponents had to convince courts that there’s a compelling state interest in encouraging heterosexual relationships that isn’t really about discriminating against same-sex couples.

But a majority of Supreme Court justices and most of the lower courts widely rejected this argument, arguing that same-sex marriage bans are discriminatory and unconstitutional.

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Same-Sex Marriage: Sociopolitical Essay

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Introduction

Perspectives on same sex marriages.

Homosexuality or the gay culture has been a controversial topic of discussion in virtually every community in the world. Different people subscribe to various traditions rooted in religion or community customs that have varied views on gaysim. Religion condemns and does not all accommodate people who have sexual relation with people of the same gender (Wardle, 2003, p106).

Islam, Christianity and even the traditional religions in Africa or elsewhere in the world have perennially had consensus on homosexual relations. Though some Christian denominations in the UK have relaxed a bit and consecrated gay bishops as church leaders, conservatism still remains in the church as far as gaysim is concerned.

Even contemporary communities like that of the US where people have embraced liberal tendencies and freedom of people to do what they like is prevalent, homosexuality and same sex unions are frowned upon (Pinello, 2006, p 69). Religion plays an important role in such popular views but again, it shows how deeply rooted the notion that only heterosexual relationships are normal is.

According to the Lesbian and Gay Movement, Same sex marriages have become political pet subjects alongside other ethical issues like abortion (1989, p. 35). In Europe and the United States, it is one of the campaign perspectives that voters carefully consider before voting for a candidate to elective office.

Same sex marriages or unions elicit strong emotions and the perspectives through which it can be looked at are numerous (Staver, 2004, p 278). Personal opinion which shapes popular opinion is one of them. Homosexuality and the constitution is another one as is the rights of individuals to choose what suits then so long as no one is directly affected. Religion too forms one of the major platforms on which same sex marriages can be discussed.

Throughout history, attempts have been made to make it legal for same sex couples to be recognized by the law and live a normal life like that of heterosexual couples (David & Caroline, 2009, p. 96). The campaigns have gained momentum in the 21 st century and a number of countries have succumbed to the pressure to legalize or are seriously considering relaxing the stringent laws that bar same sex unions.

Popular opinion on same sex marriage

Views about same sex marriages are closely linked to the question of if homosexuality is a choice or innate driven feeling (Wilcox & Rimmerman, 2007, p. 11). A majority of populations in virtually all countries of the world have an unfavorable view about same sex marriages. However many people are warming up to the idea that two people of the same gender can be married and can raise a family together.

According to Wilcox & Rimmerman, vies about same sex marriages have thawed same way the inferiority attitude towards black people changed over time. In the case of racism, it is a matter of choice for a white person to discriminate a black person for example (Alderson & Lahey, 2002, p. 55). There was absolutely no biological evidence supporting that. However, there is biological evidence nowadays supporting homosexual behavior in human beings; because of that, the public has started to accommodate the idea of same sex marriages.

Same sex marriages and the constitution

The constitution recognizes people’s universal and fundamental right to marry (Gerstmann, 2004 p. 3). Same sex marriage is a constitutional issue whose debate has not reached any logical conclusion. There is debate if same sex coupled should also enjoy the right to adopt children as heterosexual couples.

Whether they should be treated as minority groups same as those based on race, gender, ethnicity or national origin (Fuchs & Boele, 2003). Questions are also abounding if the gay activists are asking too much and if they are asking the government to endorse homosexuality (Bardes & Shelley, 2008, p 28).

Netherlands was the first country to legalize same sex marriages in April 2001. Many other countries have so far allowed quasi-marital same sex, like South Africa, Norway, Sweden and Iceland (Nocotera, 1993, p 75). In the United States, the constitutionality of same sex marriages as said earlier has created a confusion that has provided little direction. The issue is characterized by court rulings which partially advocate for same sex marriages while technically there is no law enacted to that effect (Brewer, 2008, p. 87).

For instance, in 1993, the Supreme Court of Hawaii ruled that the ban on same sex marriages violated the equality that the same constitution sought to protect. Similarly, the Supreme Court of Vermont rule that same sex coupled were entitled to all the constitutional rights that heterosexual couples enjoyed if not marriage itself (Gerstmann, 2004, p. 5). Such court decisions add to the complexity and unclear direction surrounding the issue of same sex marriages.

Religion and same sex marriages

Christians, Muslims and all other religious people like any other people in the constitution have their own individual views about what the society should be. Many religious Americans believe that there is only one side of the debate about same sex marriage (Saucier & Cawman, 2004 as quoted in Wilcox & Rimmerman, 2007, p. 106).

For Christians who avidly follow bible teachings, it is immoral beyond words to condone gaysim leave alone same sex marriages. According to Wilcox and Rimmerman, the bible has not always been definitive on a numerous issues in the society.

However when it comes to gaysim the book minces no words. The Bibles is absolutely clear about the immorality posed by allowing same sex marriages. Both practicing and believing Christians can never accommodate the view that marriage between two people of the same gender is sanctioned by traditional beliefs (Wilcox & Rimmerman, 2007, p. 105). Gay activists have always countered that the right to be gay is a civil right as well as a religious right (Andryszewski, p. 10).

There are many more numerous views about same sex marriages in the United States and world over (Pinello, 2006, p 86). Homosexuals have a point when they argue that they have rights as individuals and couples under the constitution to do whatever they feel is right for them.

At the same time, constitution that protects these individuals is rooted in strong religious traditions that it will be hard to go against (Cahill, 2004, p. 209). Lack of political will has also derailed any progress that gay people could have made due to fear of political backlash.

Gay people have however managed to piece together different sections of legislations and court rulings in many countries and the US that help them live a near normal life. They can jointly own property, adopt children and live together without fear of attack (Stockland, 2007, p 47). For the time being, they have to contend with the reality that most people are against their instance that they be recognized under the law.

Alderson, K. & Lahey, A. K. (2002). Same-sex marriage: the personal and the political. London: Greewood Publishing Group

Andryszewski, T. (2008). Same-Sex Marriage: Moral Wrong Or Civil Right?. Minneapolis: Twenty-First Books.

Bardes, A.B., Shelley, C. M. & Schmidt, W. S. (2008). American Government & Politics Today . London: Cengage Learning.

Brewer, P. (2008). Value war: public opinion and the politics of gay rights . London: Rowman Littlefield.

Cahill, R. S., (2004). Same-sex marriage in the United States: focus on the facts . Oxford: Lexington Books

David, K. & Caroline, S. (2009). Choices in Relationships: An Introduction to Marriage and the Family . New York: Cengage Learning

Fuchs, A & Boele, W. (2003). Legal recognition of same-sex couples in Europe . New York: Intersentia nv.

Gerstmann, E. (2004) . Same-sex marriage and the Constitution. Cambridge: Cambridge University Press.

Lesbian and Gay Christian Movement (1989) . Same-sex relationships: a Christian contribution for discussion . NY: LGCM.

Nocotera, M. A. (1993). Interpersonal communication in friend and mate relationships . New York: Suny Press.

Pinello, R. D. (2006). America’s struggle for same-sex marriage . Cambridge: Cambridge University Press.

Staver, D. M. (2004). Same-sex marriage: putting every household at risk . Nashville: B&H Publishing Group.

Stockland, M. P. (2007). Same-Sex Marriage . Chicago: ABDO A family Educational Publishers.

Wardle, D. L. (2003). Marriage and same-sex unions: a debate . New York: Greenwood Publishing Group.

Wilcox, C. & Rimmerman, A. C. (2007). The politics of same-sex marriage . Chicago: University of Chicago Press.

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Same-Sex Marriage

Same-sex marriage around the world.

Sort through the more than 30 jurisdictions that have enacted laws allowing gay and lesbian couples to marry.

Majority of U.S. Catholics Express Favorable View of Pope Francis

Most say Francis represents change in the church. And many say the church should allow priests to marry and let Catholics use birth control.

Across Asia, views of same-sex marriage vary widely

A median of 49% of people in 12 places in Asia say they at least somewhat favor allowing gays and lesbians to marry legally.

How people around the world view same-sex marriage

Among the 32 places surveyed, support for legal same-sex marriage is highest in Sweden, where 92% of adults favor it, and lowest in Nigeria, where only 2% back it.

In places where same-sex marriages are legal, how many married same-sex couples are there?

In 24 places where detailed statistics are available, same-sex marriages in recent years have ranged from less than 1% to 3.4% of all marriages.

About six-in-ten Americans say legalization of same-sex marriage is good for society

37% of Americans have a negative view of the impact of same-sex marriage being legal, with 19% saying it is very bad for society.

On some demographic measures, people in same-sex marriages differ from those in opposite-sex marriages

Adults – particularly men – who are in same-sex marriages have a somewhat different demographic profile from adults in opposite-sex marriages.

The Global Divide on Homosexuality Persists

Despite major changes in laws and norms surrounding the issue of same-sex marriage and the rights of LGBT people around the world, public opinion on the acceptance of homosexuality in society remains sharply divided by country, region and economic development.

As family structures change in U.S., a growing share of Americans say it makes no difference

45% of Americans don’t think it makes a difference that there is growing variety in the types of family arrangements people live in.

U.S. has changed in key ways in the past decade, from tech use to demographics

Among the changes: Smartphones and social media became the norm, church attendance fell, and same-sex marriage and legalizing marijuana gained support.

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Same-sex marriage: What you need to know

• Marriage and Relationships

Are same-sex marriages different from heterosexual marriages?

Like heterosexuals, many lesbian, gay, and bisexual people want to form stable, long-lasting relationships and many of them do. In fact, researchers have found that the majority of lesbian, and gay, adults are in committed relationships and many couples have been together 10 or more years.

Scientists have found that the psychological and social aspects of committed relationships between same-sex partners largely resemble those of heterosexual partnerships . Like heterosexual couples, same-sex couples form deep emotional attachments and commitments. Same-sex and heterosexual couples alike face similar issues concerning intimacy, love, loyalty, and stability, and they go through similar processes to address those issues. Empirical research also shows that lesbian and gay couples have levels of relationship satisfaction similar to or higher than those of heterosexual couples.

How do laws that limit marriage to heterosexuals affect gay and lesbian people?

Being denied the right to marry reinforces the stigma associated with a minority sexual identity. Researchers have found that living in a state where same-sex marriage is outlawed can lead to chronic social stress and mental health problems . Psychologists are particularly concerned that such stigma may undermine the healthy development of adolescents and young adults.

The families and friends of lesbian and gay couples who are denied marriage rights may also experience negative physical and mental health consequences similar to those experienced by their loved ones.

Do same-sex couples make fit parents?

The vast majority of scientific studies that have directly compared lesbian and gay parents with heterosexual parents have consistently shown that the same-sex couples are as fit and capable parents as heterosexual couples , and that their children are just as psychologically healthy and well adjusted. For instance, one recent study found that children of same-sex couples do just as well in school as children of heterosexual couples, and these children are equally popular among their peers.

Why is marriage so important?

Marriage bestows economic and social support to couples in committed relationships, which can result in substantial health benefits . Researchers have found that married men and women generally experience better physical and mental health than comparable cohabiting couples. Additionally, same-sex couples in legal unions are more likely to remain in a committed relationship than those denied marriage rights.

Taken together, the research shows that there’s no scientific basis for denying marriage rights to same-sex couples, and doing so can adversely affect them as well as their family and friends.

For more information, visit APA’s marriage and family issues for LGBT people page.

This fact sheet is based on APA’s amicus brief in the case of Hollingsworth v. Perry and APA’s Public Interest Government Relations Office fact sheet on Marriage Equality and LGBT Health.

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• Sexual Orientation and Youth: A Primer for Principals, Educators and School Personnel
• Insufficient Evidence that Sexual Orientation Change Efforts Work, Says APA
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Same Sex Marriage Essay for Students and Children

Table of Contents

Essay On Same Sex Marriage: Same-sex marriage, a topic that has gained increasing prominence in recent years, signifies the union of two individuals who share a deep love and commitment regardless of their gender. In this blog, we will explore the concept of same-sex marriage, and its significance, and provide sample essays of various lengths (100, 300, 400, and 500 words) to help you better understand this important issue.

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Long and Short Essays on Same Sex Marriage

Short essay on same sex marriage for students in 100 words.

Title: Same Sex Marriage: A Step Towards Equality

Same-sex marriage is a significant social and legal development that has gained momentum in many countries. It represents the idea that love and commitment are not limited by gender. Allowing same-sex couples to marry provides them with the same legal rights and responsibilities as opposite-sex couples, ensuring fairness and equality under the law.

Beyond legal aspects, same-sex marriage carries immense emotional and social importance. It acknowledges the love and commitment between two individuals, fostering inclusivity and acceptance in society. It sends a powerful message that discrimination based on sexual orientation has no place in modern society.

Despite progress, same-sex marriage remains a topic of debate in some regions. However, the tide is shifting as more countries recognize the fundamental human right to love and marry whomever one chooses.

Same Sex Marriage Essay for Students in 300 Words

Title: Same-Sex Marriage: A Journey Towards Equality and Acceptance

Same-sex marriage, often referred to as marriage equality, is the legal and social recognition of marriage between individuals of the same gender. It represents a significant step towards achieving equality and acceptance for the LGBTQ+ community.

One of the primary reasons why same-sex marriage is important is the legal and financial benefits it offers. It grants same-sex couples the same legal rights and protections as heterosexual couples, including inheritance rights, access to healthcare, and the ability to make medical decisions for their partners. This legal recognition is essential for securing the well-being and future of same-sex couples and their families.

Beyond the legal aspects, same-sex marriage carries profound social and emotional significance. It acknowledges and validates the love and commitment between two individuals, regardless of their gender. This recognition fosters a more inclusive and accepting society where diversity is celebrated rather than discriminated against. It sends a powerful message that love is universal and should be celebrated in all its forms.

Despite the progress made in recent years, the issue of same-sex marriage remains a topic of debate in some parts of the world. However, the trend is clear: more countries are recognizing same-sex marriage as a fundamental human right. This progress reflects a growing understanding that love and commitment are not limited by gender and that all individuals should have the opportunity to marry the person they love.

In conclusion, same-sex marriage represents a journey towards equality and acceptance. It provides same-sex couples with legal rights and protections while sending a powerful message about love and inclusivity. As society continues to evolve, the recognition of same-sex marriage is a significant step towards building a more just and compassionate world.

Essay on Same Sex Marriage for Students in 400 Words

Title: Same-Sex Marriage: Love, Equality, and Human Rights

Same-sex marriage is a profound social and legal development that signifies the union of two individuals of the same gender who wish to commit to each other in matrimony. It represents a significant milestone in the fight for LGBTQ+ rights and equality.

At its core, same-sex marriage is about love and commitment. It is the recognition that love knows no boundaries, and that two people, regardless of their gender, can share a deep and enduring bond. Allowing same-sex couples to marry is not just a matter of legal recognition; it is a statement of acceptance and validation of their love and commitment.

From a legal perspective, same-sex marriage offers numerous benefits and protections to couples. It grants them the same rights and responsibilities as heterosexual couples, including the right to inheritance, access to healthcare, and the ability to make medical decisions for their partners. These legal protections are essential for the well-being and security of same-sex couples and their families.

Furthermore, same-sex marriage plays a crucial role in promoting equality and social acceptance. It sends a powerful message that discrimination based on sexual orientation has no place in a modern, inclusive society. It challenges stereotypes and prejudices and encourages a more compassionate and understanding community.

Despite significant progress in recent years, the issue of same-sex marriage remains a topic of debate in some regions. However, the global trend is clear: more and more countries are recognizing same-sex marriage as a fundamental human right. This recognition reflects a growing understanding that love is universal and should not be restricted by gender.

In conclusion, same-sex marriage is a testament to love, equality, and human rights. It acknowledges the love and commitment between individuals of the same gender, granting them legal protections and sending a message of acceptance to society. As the world continues to evolve, the recognition of same-sex marriage is a significant step towards creating a more just and inclusive world for all.

Long Essay on Same Sex Marriage in 500 Words

Title: The Pursuit of Equality: Same-Sex Marriage

Same-sex marriage is a contentious topic that has sparked intense debate and divided societies across the globe. With the fight for LGBTQ+ rights gaining momentum over the years, same-sex marriage has become a focal point of the movement. This essay aims to delve into the issue by examining the arguments for and against same-sex marriage, acknowledging the progress made in recent years, and highlighting the importance of equality and acceptance within our society.

Supporting Arguments

On one hand, proponents argue that same-sex marriage promotes equality and acknowledges the fundamental human rights of all individuals. Denying same-sex couples the right to marry is seen as a form of discrimination and a violation of their freedom to love and establish a family. Supporting this view are the numerous studies indicating that same-sex couples have similar relationship qualities and parenting abilities compared to their heterosexual counterparts. Thus, granting them the right to marry would not only uphold their dignity but also provide them with legal protections and benefits.

On the other hand, opponents often cite religious and traditional values in their argument against same-sex marriage. They argue that marriage should be strictly defined as a union between a man and a woman, and that same-sex unions undermine the institution of marriage. However, it is essential to recognize that marriage has evolved throughout history, shifting away from its purely religious connotations to include legal, financial, and emotional aspects. Therefore, denying same-sex couples access to marriage based solely on religious grounds raises concerns about the separation of church and state.

Progress and Global Perspectives

The journey towards recognizing same-sex marriage has been arduous but significant progress has been made worldwide. Countries like the Netherlands, Canada, and several others have fully legalized same-sex marriage, embracing the principle of equality. Meanwhile, other nations still cling to traditional values and prohibit same-sex marriage, repressing the rights and freedoms of their LGBTQ+ citizens. The global stance on the issue highlights the ongoing battle for acceptance, revealing a need for greater education, empathy, and understanding.

Importance of Equality and Acceptance

Beyond the legal arguments, the broader value of equality and acceptance cannot be understated. By recognizing same-sex marriage, societies send a powerful message of inclusivity and affirmation to LGBTQ+ individuals, fostering a sense of belonging and reducing stigmatization. Moreover, it encourages a more tolerant and compassionate society, where love and commitment are valued regardless of sexual orientation.

In conclusion, same-sex marriage continues to be a topic of heated debate, with arguments for and against highlighting both opposing ideological perspectives and evolving societal norms. Nevertheless, the progress made in recent years reveals a shift towards recognition, acceptance, and equality. Providing same-sex couples with the right to marry not only upholds their basic human rights but also strengthens the fabric of our diverse society. As we strive for a fairer and more inclusive world, it is crucial to value love, respect, and acceptance, prioritizing unity over division.

FAQs on Essay On Same Sex Marriage

What is same-sex marriage.

Same-sex marriage is the legal union between two individuals of the same gender who wish to commit to each other in matrimony.

Why is same-sex marriage important?

Same-sex marriage is important because it grants legal rights and protections to same-sex couples, promotes equality, and sends a message of acceptance and validation of their love.

What legal benefits do same-sex couples gain from marriage?

Same-sex couples gain legal benefits such as inheritance rights, access to healthcare, and the ability to make medical decisions for their partners through marriage.

Is same-sex marriage recognized globally?

The recognition of same-sex marriage varies by country, with an increasing number of nations legalizing it as a fundamental human right.

Why is same-sex marriage considered a human rights issue?

Same-sex marriage is considered a human rights issue because it addresses the equal treatment and recognition of all individuals' love and commitment, regardless of their sexual orientation.

Are there still debates about same-sex marriage in some places?

Yes, debates about same-sex marriage persist in some regions, but the global trend is moving towards greater acceptance and recognition.

Does same-sex marriage challenge traditional marriage?

Same-sex marriage does not challenge traditional marriage but rather extends the institution of marriage to include all loving and committed couples, irrespective of gender.

How does same-sex marriage impact LGBTQ+ rights?

Same-sex marriage is a significant milestone in the fight for LGBTQ+ rights, as it grants legal recognition and protection to same-sex couples, contributing to greater equality and acceptance.

What are the social and emotional implications of same-sex marriage?

Same-sex marriage carries profound social and emotional significance by validating the love and commitment of same-sex couples and fostering inclusivity and acceptance in society.

What is same-sex marriage in your own words?

Same-sex marriage is when two people of the same gender come together in a loving and committed partnership and choose to legally marry, just like opposite-sex couples. It's a celebration of love and a recognition of equal rights and responsibilities.

What is same-sex marriage in India?

Same-sex marriage is not legally recognized in India. Indian law does not provide for same-sex marriages, and such unions do not have legal status.

What article is related to same-sex marriage?

In many countries, including the United States, the legality of same-sex marriage is often associated with specific articles or sections of laws. In the U.S., for example, the landmark Supreme Court decision in 2015, Obergefell v. Hodges, recognized same-sex marriage as a constitutional right.

What are the problems in legalizing same-sex marriage?

Some challenges in legalizing same-sex marriage can include societal resistance, cultural and religious beliefs, and political hurdles. Additionally, concerns about the impact on traditional marriage and family structures have been raised by opponents. However, proponents argue for equal rights and benefits for all couples, regardless of their gender.

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Essay on Same-Sex Marriage

Marriage, also known as wedlock or matrimony, is a culturally and biblically recognized union between individuals, spouses of the opposite gender. Through marriage, rights and obligations are established between the spouses, spouses, and children and between the spouses and the in-laws. A widely accepted marriage entails formal union and social and a legal contract between individuals that unite their lives legally, socially, economically, and emotionally. In a marriage, there is legitimacy to sexual relations within the union. However, most marriages entail individuals of the opposite gender. There is another type of marriage where individuals of the same gender come together as a couple, commonly referred to as same-sex marriage.

Same-sex marriage, also known as gay or lesbianism dates back to the first decade with several records of the same. In terms of the legality of marriage, the lawful union has oscillated between a private accord made by two persons and an accord of social importance under State’s control (DiGregorio, 2019). Contemporarily, no interpretation of marriage respectfully serves the diverse global population. However, the narrative of marriage equality has been driven for several centuries, and the Netherlands first adopted first marriage equality in 2001. Marriage equality meant that no individual is to be discriminated against because of sexual orientation. The issue of same-sex marriage is a controversial topic that has been embraced in some regions, even as it is loathed in some regions in the world. As a result, marriage equality has different jurisdictions; for example, it is considered a human right and civil right in the regions where it is embraced. Same-sex marriage is a political, social, and religious issue whose prominent supporters are human rights activists and civil rights organizations. However, most religious groups are the primary opponents to same-sex marriage as they consider it an ungodly and sinful act.

Gay marriage has evolved, and there are tales of records of same-sex marriage globally. Records show that several same-sex marriages have taken place before, stretching from casual to reverent unions. Biblically, the Old Testament of the Holy Bible prohibited same-sex relations. Initially, same-sex marriage was common in Ancient Greece, Rome, ancient Mesopotamia, and some regions of China at some point in European history. Historians revealed that gay relationships existed in Sumeria between young and adult men, even renowned and respected priests practicing homosexuality. Historical research revealed that Ancient Mesopotamia believed that gay relationships were standard and did not need to be condemned.

In Mesopotamian religion, same-sex relationships and religious prostitution were expected and encouraged, like having sex between a man and another man was believed to make one free of misfortune. According to Münnich (2021), homosexuality was sanctified prostitution as part of the Inanna/Ishtar cult. The male temple worker engaged in such a form of worship had a lower status than free men. However, ancient homosexuality in Mesopotamia differed from contemporary homosexuality in ancient times. It was an assertion of the superiority of one individual male to the other and a disgrace to the other person. There is equality in marriage in the modern case of homosexuality, just like in the male-female marriage. Also, in ancient Mesopotamia, if homosexuality took place in relation to an equal person, it was punished, and one could be wished to be a male prostitute. Over time, same-sex marriage spread over the world. History also records that some previous Rome emperors were in a same-sex union, with thirteen of the first fourteen Roman sovereign rulers being bisexual or generally homosexual. The first Roman emperor to have wedded a fellow man was Nero, who also wedded two more men on different occasions.

Same-sex marriage evolved through different scenarios to the contemporary where several countries accept it fully since they believe marriage is a fundamental right that no one should be denied. Same-sex marriage is currently embraced by the United States (US) that officially enacted and legitimized same-sex marriage in 2015 when the Supreme Court of the US pronounced itself by legalizing same-sex marriage. Obergefell vs. Hodges case of 2015 granted same-sex couples the freedom to the civilian marital union, thus repealing contemporary state constitutions and constitutional modifications that illegalized same-sex marriage (Ogolsky et al., 2019). Today, there is an escalation in championing of gay marriage in the US. According to Twenge & Blake (2020), there is a considerable escalation in support for gay marriage in the US, with studies showing that Americans of any age changed their conviction about same-sex marriage with time.

Several milestones have characterized the development of social movements involving same-sex marriage. The marital union has not been a fixed social institution. Still, it has deviated over the trajectory of history due to rotating religious faiths, social beliefs and behaviors, technology, and even population. Federalism, the separation of powers, and the roles of courts in modifying the institutional composition of political moments for lesbian, gay, bisexual, and transgender (LGBT), marriage movements have been necessary for the US and Canada (Smith, 2018). Ideology, religious intensity, contact with gays and lesbians, and millennial generation thoughts affected opinion about same-sex marriage (Daniels, 2019). Differences by religious affiliations reduced influence while differences by religious and political values increased between 1988 and 2014. This clearly shows that opinion on gays and lesbians, same-sex marriage has changed across all groups, although the increased difference in opinion promotes continuing conflict.

Based on analysis of stories from tolerant and conventional US newspapers, the newspapers framed the same-sex marriage issue from 2004 to 2016. For the liberals, newspapers used attributes like human rights, access to benefits, and public support to promote same-sex marriage. For the conservatives, they argued about protecting the traditional marriage union between man and woman, public objection to homosexuality, and securing conservative votes as the basis of objecting to same-sex marriage (Zheng & Chan, 2020). As a result, a policy theme was employed to organize stories reporting same-sex marriage; morality and economic themes followed. Same-sex supporters improved the general tone over the years despite minor differences. This clearly shows that social movements touch on marriage, especially same-sex marriage in the US.

Further, another study reported that American society had undergone unprecedented changes in the 21 st  century. The transformation began in the 1960s by civil rights movements, and as the US became more diverse, equal access to certain institutions became more challenging. Concerning opposite-sex marriage and same-sex marriage, mainstream media continually reported blurring boundaries between ethnic and racial groups. Before the judiciary, experts provided particular weight to political movements that social movements and decision-makers solicited (Stambolis-Ruhstorfer, 2020). There has been a substantial increase in interracial dating and matrimony for several decades in the US. As well, assimilation contributed to the spread of same-sex marriage among individuals in the United States. Some states were skeptical about same-sex marriage in the US, for example, Georgia, a state that was so religious. However, due to the supremacy of the federal constitution over the states’ constitutions, Georgia finally embraced same-sex marriage in 2015 after the declaration by the Supreme Court that same-sex marriage is legal and no individual should be discriminated against because of sexual orientation. Other states like California were among the first states in the US to legalize same-sex marriage. Generally, many social movements came in handy in the US to promote same-sex marriage and fight against discrimination of the minority same-sex community.

Over the past decade, there has been an evolution of federal legislation on gay marriage. The first twenty years of the 21 st  century saw same-sex union acquire backing from prominent personalities like John Lewis and Julian Bond of the civil rights movements. By 2011, national public support for the same-sex shot to more than 50%. That means half of the American population or half of the states supported same-sex marriage. At the same time, then-President Obama proclaimed that the Defense of Marriage Act (DOMA) was unlawful, and New York legalized same-sex marriage. In 2013, the Supreme Court of the United States also beat down DOMA for being insensitive to the fifth amendment of the US constitution leading to federal recognition of same-sex marriage. By 2015, support for same-sex marriage was at 60% as people had changed their opinions about the issue. Same-sex marriage became more acceptable almost in all the states in the United States. In 2015, the Supreme Court of the United States made a landmark ruling on same-sex marriage. In the civil case of Obergefell vs. Hodges of 2015, the Supreme Court ruled that the fundamental right of same-sex to marry with same terms as opposite-sex couples is guaranteed by the due process and equal protection clause of the fourteenth amendment to the constitution of the United States (Ogolsky et al. (2019). Therefore, 2015 is the year that same-sex was officially legalized and enacted in all the states of the United States. This means that the states whose constitutions had not allowed same-sex marriage had to change and adopt the new amendment; because the federal constitution of the United States is supreme to the state laws, the state laws must be consistent with the supreme law of the land.

Since 2015, all the states in the US have allowed and embraced same-sex union. The 2015 Supreme Court ruling demonstrated the impact of national-level judicial decision-making. In 2016, Alabama’s Chief Justice illegalizing state officials from issuing marriage licenses to same-sex partners. However, due to the supremacy of the federal constitution, the ruling did not affect, and the counties of Alabama continued to issue marriage licenses to all couples without discrimination. During this time, more than 80% of Americans aged 18-29 years supported same-sex marriage. Due to the error in the ruling going against the federal law, Alabama’s Chief Justice was charged by the state Judicial Inquiry Commission for ethics violation and eventually suspended from the bench for the rest of his remaining term that was to end in September 2016. Alabama legislature proceeded and moved a bill in substituting marriage license with marriage certificate in 2019. An annual poll between 2017-2020 revealed support for gay marriage, with the majority of Americans opening that same-sex marriage is to be acknowledged as justifiable under the law.

The issue of same-sex marriage is equally an emotive political issue. There have been a lot of political debates on the issue. The issue of legal recognition of same-sex marriage became prominent in the 2004 United States elections. The then-president George W. Bush used the State of the Union address to call for the federal constitutional amendment prohibiting same-sex marriage, making San Francisco Mayor issue a marriage license from the City Hall; 11 states approved a state ban on same-sex marriage in November 2004 (Hull, 2016). Subsequent polls showed that the majority opposed legalizing same-sex marriage. Lesbian, gay, bisexual, and transgender (LGBT) political and legitimate convocation has integrated dictates for accepting same-sex unions. The debate accelerated following the passage of civil union in Vermont, the Goodridge decision, which resulted in same-sex marriage in Massachusetts. Outside LGBT communities and in national political debates, same-sex marriage adversaries aspire to preserve a differentiation between same-sex and heterosexual unions. The Christian Right resists recognition of same-sex marriage while others argue for limited recognition on principal grounds. Reports show that three-quarters of Democrats and Democratic-leaning independents and fewer than half of Republicans support gay marriage. Support for gay marriage recently stands at 88% among the self-described liberal Democrats, and fewer conservative Republicans of about 36% support same-sex marriage. This shows that more Democrats and fewer Republicans support same-sex unions in America.

Important political players in the national debate over same-sex marriage include legislators and the executive. There have been several amendments to the constitution to take care of the LGBT community in the US. The legislators of the bicameral parliament of the United States are bestowed with the responsibility of making laws and amending the existing governing policies of same-sex relationships. The executive is bestowed with the implementation of the policies passed. As a result, they are leading vital political players. Similarly, same-sex marriage is also permitted through legislative and judicial means in the US. Many vital politicians in the United States waded into the debate of same-sex marriage. In 2012 during election times, President Barack Obama was forced to share his thoughts on the gay marriage issue. Obama went ahead and opined that same-sex couples should be able to get married. In his cabinet, Eric Holder, John Kerry, and Chuck Hagel publicly agreed with the opinion of same-sex marriage. Most public individuals submitted to the Supreme Court of the United States that DOMA violated equal protection of the fourteenth amendment.

Further, Hillary Clinton was pro-LGBT throughout her career. Additionally, one of her children, a Republican, is transgender and has consistently broken ranks with the party on LGBT issues. According to The Washington Post, the current president of the United States (POTUS) Joe Bidden and his deputy President Kamala Harris both worked for gay marriage in opposite ways. Before President Obama publicly gave his sentiments on gay marriage, his then deputy president and now POTUS Joe Bidden had endorsed equality marriage in May 2012 interview (Issenberg, 2020). In-office as California’s attorney general, Kamala Harris made herself a barrier to laws that illegalized same-sex marriage. Therefore it is evident that national political personalities and leading political parties in the United States waded into the politics of same-sex marriage with more democrats than Republicans supporting same-sex marriage. Today, same-sex marriage is fully recognized and even part of the current cabinet secretaries and influential government employees have publicly declared gays.

Some sociological theories can understand why some players are more powerful than others in the same-sex debate. For example, conflict theory can be applied. Conflict theory states that tensions and conflict arise when resources, status, and power are not equally distributed between different groups in the society. As such, conflict becomes essential for social change (Crossman, 2019). This means that power is understood as control of resources and control of politics and institutions that make up the society and is determined by gender and sexuality, among other things. Through the conflict theory, we find same-sex couples as a minority in the United States social, political, and economic arena. The majority of the citizens in the US, although they have no issues with same-sex marriage, are actually in an opposite-sex marriage. As such same-sex marriage, individuals wield less power than opposite-sex married couples.

However, continued uncertainty in political and legal environments affects the stakeholders that seek to expand their rights and challenge existing policies. For example, in Georgia, individuals are pessimistic about same-sex marriage and are reluctant to accept new diverse ways of life (Gelashvili, 2020). As a result, same-sex couples or crusaders would find it hard to reside or advance their campaigns in Georgia due to the unwelcome environment. Activists on the side of same-sex marriage and activists on opposite-sex marriage have used different tactics to further their debates on the issue. Same-sex activists campaigned based on equality as enshrined in the constitution. They argue that marriage is an absolute right enshrined in the constitution, and as such, no one should be alienated from the right. The opposite-sex activists, primarily religious groups, base their argument that it is against the holy books and equally interfere with the traditionally accepted culture of opposite-sex marriage.

In conclusion, same-sex marriage is an issue that has existed since time immemorial. It is an issue that has brought forth a lot of debate since proponents talk about equality. In contrast, opponents talk of dignity and the traditionally accepted type of marriage that was allowed even in the holy books. The first nations with records of same-sex marriage are Mesopotamia and Greece. However, with time, same-sex marriage spread, and currently, it is practiced all over the world. There have been several debates on the issue, especially in the United States. It is recorded that the United States finally enacted same-sex marriage in 2015 when the Supreme Court pronounced itself on the issue and legalized it. It is a political issue in the US, and both political divides in the US have their stand on the issue. Most supporters are Democrats, even as some individuals of the Conservative Republican Party also support it. However, the US constitution is the supreme law of the land, and therefore even opponents are bound by it.

Questions to be asked and the answers for each:

1. “I heard 75 percent of people are against gay marriage. Who are they?”

There are individuals opposed to gay marriage. However, the number does not reach 75% of the population. Studies show that today, 61% of the United States population supports same-sex marriage and has no issues with same-sex couples (Ogolsky et al. (, 2019). The percentage of support for same-sex marriage increased exponentially from 31% to 61% from the onset of the 21 st  century to 2020. Most people who support same-sex marriage are civil society groups and human rights, activists. Most opponents of same-sex marriage are religious groups that view homosexuality as a sin and erode the acceptable traditional social fabric.

2. “If we allow gays to marry, won’t it destroy our social fabric?”

If we allow gays to marry, it will not destroy the social fabric. Gay marriage has been in existence for a very long time since the first decade. Individuals are already aware of it and can make robust decisions before deciding on sexual orientation. Further, the most robust constitution globally, the United States Constitution, declared that same-sex marriage (Carpenter, 2020) is legal, and as such, we are all bound by it. It is a prerogative of parents and guardians to sensitize their children on the issue, after which they can make robust decisions.

References:

Ashley Crossman (2019). Understanding Conflict Theory.

Carpenter, C. S. (2020). The Direct Effects of Legal Same-Sex Marriage in the United States: Evidence From Massachusetts.  Demography ,  57 (5), 1787-1808

Daniels, R. S. (2019). The Evolution of Attitudes on Same‐Sex Marriage in the United States, 1988–2014.  Social Science Quarterly ,  100 (5), 1651-1663.

DiGregorio N. (2019). Same-Sex Marriage and Language Appropriation Practices of Lesbians.  Journal of homosexuality ,  66 (9), 1198–1218.  https://doi.org/10.1080/00918369.2018.1500777

Gelashvili, T. (2020). Political opportunities for the extreme right in Georgia.  Terrorism and Political Violence ,  30 (5), 772-792

Hull, K. E. (2016). The evolution of same-sex marriage politics in the US. In  Introducing the new sexuality studies  (pp. 567-574). Routledge.

Münnich, M. (2021). Homosexuality in Ancient Mesopotamia. Survey of Sources.  Verbum Vitae ,  39 (1), 27–48.  https://doi.org/10.31743/vv.11079

Sasha Issenberg (2020). The Washington Post. Joe Bidden and Kamala Harris both worked for gay marriage- in opposite ways.

Smith, M. (2018). Historical institutionalism and same-sex marriage: A comparative analysis of the USA and Canada. In  Global Perspectives on Same-Sex Marriage  (pp. 61-79). Palgrave Macmillan, Cham.

Stambolis-Ruhstorfer, M. (2020). Producing expert capital: How opposing same-sex marriage experts dominate fields in the United States and France.  Social Movement Studies ,  19 (1), 38-62.

Twenge, J. M., & Blake, A. B. (2020). Increased Support for Same-sex Marriage in the US: Disentangling Age, Period, and Cohort Effects.  Journal of homosexuality , 1–11. Advance online publication.  https://doi.org/10.1080/00918369.2019.1705672

Zheng, Y., & Chan, L. S. (2020). Framing same-sex marriage in US liberal and conservative newspapers from 2004 to 2016: Changes in issue attributes, organizing themes, and story tones.  The Social Science Journal , 1-13.

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Same-sex Marriage

Last updated on February 29, 2024 by ClearIAS Team

The legal status of same-sex marriage varies significantly around the world. While progress has been made in recent years, there is no universal standard, and laws continue to evolve. Read here to learn about the legality of same-sex marriage in India in the wake of the latest Supreme Court judgment.

The Supreme Court has delivered its long-awaited verdict rejecting petitions to legalize same-sex marriage.

The SC looked into the provisions of the Special Marriage Act, of 1954 to examine the issue thoroughly, which has convergence and interrelationship with homosexuality.

Table of Contents

Same-sex Marriage in India

In a historic decision, the Supreme Court of India had partially struck down Section 377 in September 2018. This decriminalized consensual same-sex relations between adults.

• While the decriminalization of homosexual acts was a significant step forward for LGBTQ+ rights in India, it did not grant legal recognition to same-sex marriages. India did not have specific legislation that allowed same-sex couples to marry or afforded them the same legal rights and protections as opposite-sex couples.
• Some activists and legal experts had called for the introduction of civil union or domestic partnership laws that could provide legal recognition and rights to same-sex couples. However, no such laws were in place as of my last update.
• Marriage laws in India are primarily governed by personal laws that are specific to different religious communities. Some states, such as Kerala and Goa, had shown support for LGBTQ+ rights and had called for the legal recognition of same-sex marriages, but this remained a state-specific initiative and was not applicable nationwide.

Despite the lack of legal recognition for same-sex marriage, some LGBTQ+ activists and individuals continued to advocate for their rights, and there were legal challenges and petitions seeking equal marriage rights in various Indian courts.

Latest development

A five-judge bench of the Supreme Court that was headed by Chief Justice of India DY Chandrachud unanimously ruled against legalizing same-sex marriage in India. The bench also ruled in a 3:2 verdict against civil unions for non-heterosexual couples.

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• The Chief Justice concluded that the court could neither strike down nor read words into the Special Marriage Act (SMA) 1954 to include same-sex members within the ambit of the SMA 1954.
• The top court said it is for Parliament and state Legislature to formulate laws on it.
• However, at the same time, the SC noted that the relationship of marriage is not a static one and that queer persons have an equal right and freedom to enter into a “union”.
• All five judges on the Bench agreed that there is no fundamental right to marry under the Constitution.
• A civil union refers to the legal status that allows same-sex couples specific rights and responsibilities that are normally conferred upon married couples. Even though a civil union resembles a marriage, it does not have the same recognition in personal law as marriage.
• The Special Marriage Act, of 1954, is a legislation in India that provides a legal framework for the registration of marriages that are solemnized between individuals of different religions, castes, or communities. This act allows couples to marry without regard to their individual religious beliefs or customs. The Special Marriage Act is applicable throughout India, except in the state of Jammu and Kashmir, where different laws apply.

Global status of same-sex marriage

Countries Where Same-Sex Marriage is Legal:

North America:

• Canada was one of the first countries to legalize same-sex marriage in 2005.
• The United States legalized same-sex marriage in 2015 following the Supreme Court’s ruling in Obergefell v. Hodges.

South America:

• Several South American countries, including Argentina, Brazil, Colombia, Uruguay, and Ecuador, have legalized same-sex marriage.
• Many European countries have legalized same-sex marriage, including the Netherlands (2001, the first in the world), Belgium, Spain, Norway, Sweden, Iceland, Portugal, France, the United Kingdom (except Northern Ireland), Ireland, Germany, and others.
• New Zealand and Australia have legalized same-sex marriage.
• South Africa is the only country in Africa where same-sex marriage is legal.
• Taiwan became the first Asian country to legalize same-sex marriage in 2019, following a Constitutional Court ruling.

Countries with Limited Recognition:

• Mexico: Same-sex marriage is legal in some states of Mexico, such as Mexico City and Quintana Roo, while other states may have various forms of recognition.
• Israel: Same-sex marriages conducted outside Israel are recognized, but the country does not perform same-sex marriages.

Countries with No Legal Recognition:

• Most of Asia: Many Asian countries do not recognize same-sex marriage, and it remains illegal in most of the continent.
• Russia: Russia has enacted laws that explicitly ban same-sex marriage.
• Middle East and North Africa: Most countries in the Middle East and North Africa do not recognize same-sex marriage, and it can even be criminalized in some places.
• Eastern Europe: Many Eastern European countries do not legally recognize same-sex marriage and have implemented anti-LGBTQ+ policies.
• Caribbean: Several Caribbean nations do not legally recognize same-sex marriage.

It’s important to note that even in countries where same-sex marriage is legal, there can be variations in the level of recognition and acceptance. Some regions may have provisions for civil partnerships or other forms of legal recognition short of full marriage.

Way forward

Ensuring equal rights for the queer community, including the recognition of same-sex marriage, is a significant social and legal challenge in India.

Legal Reform:

• Full decriminalization of Section 377 is still needed, as the remnants of it continue to be used for harassment.
• Comprehensive legislation that explicitly recognizes same-sex marriage and provides legal rights, including property inheritance, adoption, and divorce, is essential. Indian legislature needs to pass a law that affirms the right to marry regardless of gender or sexual orientation.
• Legal advocacy and strategic litigation can help push for equal rights. Legal organizations and NGOs working on LGBTQ+ issues can play a crucial role in advancing legal changes.

Public Awareness and Education:

• Public awareness campaigns and educational programs are vital to challenge stereotypes, reduce discrimination, and create a more inclusive society.
• The inclusion of LGBTQ+ issues in school curricula can help reduce prejudice and ensure that students grow up with a more informed and accepting perspective on diverse sexual orientations and gender identities.

Mental Health and Support:

• The LGBTQ+ community often faces higher rates of mental health issues due to discrimination and stigma. Accessible mental health services and support groups can be beneficial.
• Establishing helplines and crisis intervention services for individuals facing discrimination, harassment, or mental health crises can provide essential support.
• These points were made by the Chief Justice of India during the latest judgment as well.

Corporate Inclusion:

• Encourage companies to adopt inclusive and non-discriminatory workplace policies that protect LGBTQ+ employees from discrimination and harassment.
• Promote training for human resources staff on LGBTQ+ issues and the creation of safe spaces within the workplace.

Community Building:

• LGBTQ+ organizations and community groups play a crucial role in providing support, advocating for rights, and building a sense of community.
• Pride parades and LGBTQ+ visibility events help create a sense of community and raise awareness of LGBTQ+ issues.
• Engaging religious and cultural leaders in dialogues about LGBTQ+ rights can help reduce prejudice and gain support from influential voices.
• Engaging with the international community and organizations that support LGBTQ+ rights can provide moral and diplomatic pressure for change.
• Encourage media representation that portrays LGBTQ+ individuals in a positive and non-stereotypical manner. Accurate and sensitive representation can influence public opinion.
• Collaborate with women’s rights organizations, human rights groups, and other social justice movements. These alliances can provide additional support for LGBTQ+ rights.

The legal status of same-sex marriage continues to evolve globally as societies grapple with issues of equality, human rights, and social acceptance. Laws are subject to change, and ongoing advocacy efforts aim to expand legal recognition in regions where it is not yet recognized.

Related article:  Transgender Rights

-Article written by Swathi Satish

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Same Sex Marriage in India

• 17 Oct 2023
• 11 min read
• GS Paper - 1
• Salient Features of Indian Society
• Diversity of India
• Effects of Globalization on Indian Society
• Social Empowerment

For Prelims: Same-Sex Marriage, Section 377, Indian Penal Code (IPC), Homosexuality, LGBTQ Community, Supreme Court, High Court, Constitution Bench.

For Mains: Impact of Judgement of Supreme Court on petitions to legalise same sex marriage on social fabric and progress of Indian Society.

Why in News ?

Recently, The Supreme Court has delivered its long awaited verdict rejecting petitions to legalise same-sex marriage and delved deeper on the provisions of the Special Marriage Act, 1954 to examine the issue thoroughly, which have convergence and interrelationship with homosexuality.

What is the Observation of the Supreme Court (SC)?

• A five-judge Constitution Bench of the apex court headed by Chief Justice of India  ruled in a 3:2 verdict against giving constitutional validity to same-sex marriages.
• The CJI, in his opinion, concludes that the court can neither strike down or read words into the Special Marriage Act (SMA) 1954 to include same sex members within the ambit of the SMA 1954.The top court said it is for Parliament and state Legislature to formulate laws on it.
• However, at the same time, the SC says the relationship of marriage is not a static one.
• SC holds that queer persons have an equal right and freedom to enter into a “union”.
• All five judges on the Bench, agreed that there is no fundamental right to marry under the Constitution.

CJI and Justice Kaul (Minority Opinions): Favoured extension of Civil Union to same-sex couples:

• A ‘civil union’ refers to the legal status that allows same-sex couples specific rights and responsibilities that are normally conferred upon married couples. Although a civil union resembles a marriage, it does not have the same recognition in personal law as marriage.

What is the Legality of Same-Sex Marriages in India?

• The right to marry is not expressly recognized either as a fundamental or constitutional right under the Indian Constitution but a statutory right.
• Though marriage is regulated through various statutory enactments, its recognition as a fundamental right has only developed through judicial decisions of India’s Supreme Court. Such declaration of law is binding on all courts throughout India under Article 141 of the Constitution.
• Article 16 (2) in the Indian constitution provides that there cannot be any discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.
• The right to marry is intrinsic to the liberty which the Constitution guarantees as a fundamental right, as the ability of each individual to take decisions on matters central to the pursuit of happiness. Matters of belief and faith, including whether to believe are at the core of constitutional liberty.
• The SC held that members of the LGBTQ community “are entitled, as all other citizens, to the full range of constitutional rights including the liberties protected by the Constitution” and are entitled to equal citizenship and “equal protection of law”.

What is the Special Marriage Act (SMA) 1954?

• Marriages in India can be registered under the respective personal laws Hindu Marriage Act, 1955, Muslim Personal Law Application Act, 1937 , or under the Special Marriage Act, 1954.
• It is the duty of the Judiciary to ensure that the rights of both the husband and wife are protected.
• The Special Marriage Act, 1954 has provisions for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.
• When a person solemnized marriage under this law, then the marriage is not governed by personal laws but by the Special Marriage Act.
• Allows people from two different religious backgrounds to come together in the bond of marriage.
• Lays down the procedure for both solemnization and registration of marriage, where either of the husband or wife or both are not Hindus, Buddhists, Jains, or Sikhs.
• Being a secular Act, it plays a key role in liberating individuals from traditional requirements of marriage.

What are the Arugments in Favour of Same Sex Marriage?

• Same-sex couples should have the same legal rights and protections as opposite-sex couples.
• Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity of LBTQIA+ couples.
• Strengthening Families and Communities: Marriage provides social and economic benefits to couples and their families which will also benefit the same-sex people.
• Cohabitation as a Fundamental Right: The Chief Justice of India (CJI) acknowledged that cohabitation is a fundamental right, and it is the government's obligation to legally recognize the social impact of such relationships.
• Biological gender is not ‘absolute: The Supreme Court of India says that biological gender is not absolute, and that gender is more complex than just one's genitals. There is no absolute concept of a man or a woman.
• In 32 countries, same-sex marriage is legal.

What are the Arugments Against Same Sex Marriage?

• They argue that changing the traditional definition of marriage would go against the fundamental principles of their beliefs and values.
• Therefore, they believe that same-sex marriage should not be allowed because it goes against the natural order of things.
• Some people argue that it would be too difficult to change all the laws and regulations to accommodate same-sex marriage.
• Issues with Adoption of Childrens: When queer couples adopt children, it can lead to societal stigma, discrimination, and negative impacts on the child's emotional and psychological well-being, especially in Indian society where acceptance of the LGBTQIA+ community is not universal.

What Could be the Way Forward?

• Raise Awareness: The purpose of awareness campaigns is to promote equality and acceptance of all sexual orientations and expand public opinion about the LGBTQIA+ community.
• Meanwhile bring the contract like agreement so that homosexual people can enjoy similar rights like heterosexuals.
• Dialogue and Engagement: Engaging in a dialogue with religious leaders and communities can help bridge the gap between traditional beliefs and modern attitudes towards same-sex relationships.
• Legal Challenges : The Indian LGBTQIA+ community can challenge the constitutionality of the current laws that prevent same-sex marriage in court. Such legal challenges can help establish a legal precedent that will pave the way for the legalization of same-sex marriage.
• By working together, we can create a more inclusive society where everyone has the right to love and marry whomever they choose, regardless of their gender.

UPSC Civil Services Examination, Previous Year Question (PYQ)

Q 1. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)

(a) Article 19 (b) Article 21 (c) Article 25 (d) Article 29

Q 2 . Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)

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ISSUES AND CHALLENGES OF SAME SEX MARRIAGES IN INDIA

This article on issues & challenges of same sex marriages in India is written by Ahona Pal from Symbiosis Law School, Noida.

INTRODUCTION

Marriage is a socially and ritually recognised institution, traditionally between a man and a woman. Marriage is an integral part of every person’s life. It is through marriage that the human race has propagated future generations. Marriage is the most important institution of human society. [1] It is a universal phenomenon and has been the backbone of human civilisation.  We can say that the Marriage is as old as the institution of the family. Both these institutions are vital for the society. [2]

Family depends upon the Marriage. Marriage regulates sex life of human beings, thereby giving them a chance to procreate, thus aiding the survival of human race. Marriage creates new social relationships and reciprocal rights between the spouses. It establishes the rights and the status of the children when they are born. Each society recognises certain procedures for creating such relationship and rights. [3] The society prescribes rules for prohibitions, preferences and prescriptions in deciding marriage. It is this institution through which a man sustains the continuity of his race and attains satisfaction in a socially recognised manner. Sociologists and anthropologists have given definitions of marriage. Some of the important definitions are given below.

Edward Westermark says [4] “Marriage is a relation of one or more men to one or more women which is recognised by custom or law and involves certain rights and duties both in the case of the parties entering the union and in the case of the children born of it.

As B. Malinowski [5] defines, “Marriage is a contract for the production and maintenance of children”.

According to H.M. Johnson [6] , “Marriage is a stable relationship in which a man and a woman are socially permitted without loss of standing in the community, to have children”.

Ira L. Reiss [7] writes, “Marriage is a socially accepted union of individuals in husband and wife roles, with the key function of legitimating of parenthood”.

William J. Goode [8] , the famous family sociologist has tried to combine the two objectives of marriage i.e. to regulate sex life and to recognize the newborn.

Although different thinkers have tried to provide definition of marriage, but there is no universally acceptable definition of marriage. There seems to be, however, a consensus that marriage involves several criteria that are found to exist cross-culturally and throughout time. For example, Hindu marriage has three main objectives such as Dharma, Progeny and Sexual Pleasure. Individual happiness has been given the least importance. It is considered to be sacrament, a spiritual union between a man and a woman in the social status of husband and wife. Marriage is cultural specific. The rules and regulations differ from one culture to another. The above discussion helps us to conclude that the boundaries of marriage are not always precise and clearly defined. It is, however, very important institution for the society as it helps in replacement of old and dying population. Let us now consider two contradicting point of views on what marriage is [9] :

Conjugal View [10] : Marriage is the union of a man and a woman who make a permanent and exclusive commitment to each other of the type that is naturally (inherently) fulfilled by bearing and rearing children together.

Revisionist View [11] : Marriage is the union of two people (whether of the same sex or of opposite sexes) who commit to romantically loving and caring for each other and to sharing the burdens and benefits of domestic life. It is essentially a union of hearts and minds, enhanced by whatever forms of sexual intimacy both partners find agreeable.

Same-sex marriage is also known as gay marriage. It is the marriage between two people of the same biological sex and/or gender identity. Legal recognition of same-sex marriage or the possibility to perform a same-sex marriage is sometimes referred to as marriage equality or equal marriage, particularly by supporters. The legalization of same-sex marriage is characterized as “redefining marriage” by many opponents. The first laws enabling same-sex marriage in modern times were enacted during the first decade of the 21st century. And as of 28 June 2014, sixteen countries like Argentina, Belgium, Brazil, Canada, Denmark, France, Iceland, Netherlands, New Zealand, Norway, Portugal, Spain, South Africa, Sweden, United Kingdom, Uruguay and several sub-national jurisdictions including parts of Mexico and the United States  allow same-sex couples to marry. Polls in various countries show that there is rising support for legally recognizing same-sex marriage across race, ethnicity, age, religion, political affiliation, and socioeconomic status.

RIGHT TO MARRY

Marriage is one of the universal social institutions established by the human society to control and regulate the life of man [12] . It is a cornerstone of a society. It is in the family that children learn to become citizens; it is in the family that children learn about relationships; it is in the family that children learn about what is expected of them in society, how to act and how to be [13] . Central to the nuclear family is the traditional idea of marriage, consisting of one man and one woman in a monogamous and permanent relationship. We need to promote and protect marriage to secure a healthier society. Marriage has legitimate recognition to get united. Society accepts union of two souls because primary object of marriage is to beget and bear offspring, and to them until they are able to take care of themselves [14] . Right of all members of family like Right to Respect for private and family life, Right to marry and found family, is foundation of justice, freedom and peace.The definition of marriage can be looked at from a legal perspective. A legal dictionary defines marriage as “the state of being united to a person of the opposite sex as husband or wife in a legal, consensual, and contractual relationship recognized and sanctioned by and dissolvable only by law.” [15] Legally, marriage is a binding contract between the two parties that joins together their possessions, income, and lives. According to the Hindu Law Marriage is a body for the performance of religious duties. It is deemed as a holy union in Hindu Law. It is also considered to be an union of flesh to flesh and blood to blood. It is a religious sacrament and not a civil contract.The Hindu Marriage Act 1955, Sec.5 provides right to marry under statutory condition.

According to the Muslim law, the Quran states “every person must marry”. Quran asserts that marriage is the only way to satisfy one’s desire. Marriage (nikah) is defined to be a contract which has for its object the procreation and the legalizing of children. The right to marry is a component of right to life under art 21 of Constitution of India which says, “No person shall be deprived of his life and personal liberty except according to procedure established by law”. In the context of right to marry, a mention may be made of a few Indian cases. Person who suffering from venereal disease, even prior to the marriage cannot be said to have any right to marry so long as he is not fully cured of disease.

Mr.’X’ v. Hospital ‘Z’ [16] : The Court had rested its decision on the facts of the case that it was open to the hospital or the doctor concerned to reveal such information to persons related to the girl whom he intended to marry and she had a right to know about the H.I.V. positive status of the appellant. If that was so, there was no need for the Court to go further and declare in general as to what rights and obligations arise in such context as to right to privacy or confidentiality or whether such persons are entitled to be married or not or in the event such persons marry, they would commit an offence under law or whether such right is suspended during the period of illness. Therefore, all those observations made by the Court in the aforesaid matter were unnecessary, particularly when there was no consideration of the matter after notice to all the parties concerned. In that view of the matter, court held that the observations made by this Court, except to the extent of holding as stated earlier that the appellant’s right was not affected in any manner in revealing his HIV positive status to the relatives of his finance, are uncalled for. We dispose of these applications with these observations.

Right to marriage is provided under human right charter that to under the heading of” Right to have family”.In Indian Constitution this right not expressly mentions.But it is interpreted under Art 21 Right to Marry is universal right. It is available to all persons but whether it includes same sex marriage. Marriage right is recognised at international level but in India there is no special law for marriage right .marriage right is mentioned under various covenant but it does not include person of same sex marriage. Indian constitution provides for right to marry but it is not fundamental right.

Caste system has been a rigid part of Indian customs since ages. It is an evil that has made the rules and regulations of the Hindu tradition biased and unfair. [17] Discrimination based on the caste system has ruined the society and created differences among the people belonging to different castes. [18] Marriage is a sacred institution especially in context of Indian customs. Even when the world has become so advanced there are people who follow strict caste rules. Marriages in the Hindu society are caste driven; inter-caste marriages are considered to be a sin and are not approved by the elders. [19] There are various reasons because of the Hindu society flinch away from inter-caste marriages like fear of the societal norms and social standing, loss of reputation, cultural difference, backward superstitions, torture that the family and the couple has to face at the hands of the society, etc. The ill-effects of not approving the inter-caste marriages are manifold. It hampers the growth of the society, create fissures among different social groups and castes and poses a threat to the national unity. There have been various instances where couples in inter-case marriges have been driven to commit suicide or killed in the name of honour-killings. [20]

In a landmark judgment [21] , the Supreme Court viewed the right to marry as a component of right to life under Art 21 of Indian Constitution the court observed that: “This is a free and democratic country, and once a person becomes a major he or she can marry whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste marriage the maximum they can do is that they can cut off social relations with the son or daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter-caste marriage”.Both the parents in the case were adults and so free to marry of their choice. ’There is no bar to an inter-caste marriage under Hindu marriage Act or any other law’.

Inter-caste marriages are in fact in the national interest as they will result in destroying the caste-system. The India Human Development Survey (IHDS), conducted by the National Council for Applied Economic Research (NCAER) and the University of Maryland, reported that Just five per cent of Indians had married a person from a different caste. When married women aged between 15 and 49 were asked if theirs was an inter-caste marriage, just 5.4 percent said yes, the proportion being marginally higher for urban over rural India. [22] Unlike a caste, a religion is a way of life. A religion has far deeper and broader effects on how you lead your life, how you think, how you perceive others etc. than castes. The challenges of inter-religious couples are therefore a lot more complex, running a lot deeper.The social stigma attached to people marrying outside their religion is more scandalous than an inter-caste one.

Indian society is a conservative one. Even in contemporary times when the corners of the whole world are expanding, people hesitate to establish lifelong relations with people or their castes and religions. In such a scenario where the minute issue of caste is such a taboo, accepting same sex marriages becomes all the more difficult. A society where people are killed in the name mixing caste or religion, same sex marriages are inconceivable.

SAME SEX MARRIAGES AROUND THE WORLD

When it comes to LGBT rights, there is still a very real struggle for equality. In many countries, it is shameful to be anything but heterosexual. Members of the LGBT community often have to prove their worth and value in the workplace, and in society as a whole. The outlook for them is a bit brighter in the US and a few other countries, but there’s still much work to be done before the LGBT community is respected all over the world. [23]

USA: In the United States, same-sex marriage has been legal nationwide since June 26, 2015, when the United States Supreme Court ruled in Obergefell v. Hodges [24] that state-level bans on same-sex marriage are unconstitutional, overruling Baker v. Nelson [25] . The court ruled that the denial of marriage licenses to same-sex couples and the refusal to recognize those marriages performed in other jurisdictions violates the Due Process and the Equal Protection clauses of the Fourteenth Amendment of the United States Constitution. [26]

UK: The legislation to allow same-sex marriage in England and Wales was passed by the Parliament of the United Kingdom in July 2013 and came into force on 13 March 2014, and the first same-sex marriages took place on 29 March 2014. [27] Legislation to allow same-sex marriage in Scotland was passed by the Scottish Parliament in February 2014 and took effect on 16 December 2014. [28] The first same-sex marriage ceremonies occurred on 16 December 2014 for same-sex couples previously in civil partnerships. The first same-sex marriage ceremonies for couples not in a civil partnership occurred on 31 December 2014. [29] The Northern Ireland Executive has stated that it does not intend to introduce legislation allowing for same-sex marriage in Northern Ireland. Same-sex marriages from other jurisdictions are treated as civil partnerships. [30]

South Africa: Same-sex marriage has been legal in South Africa since the Civil Union Act came into force on 30 November 2006. [31] The decision of the Constitutional Court in the case of Minister of  Home Affairs v Fourie [32] on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. [33] On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally marry 230 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later. [34] South Africa was the fifth country, the first (and only, as of June 2015) in Africa, the first in the southern hemisphere, the first republic and the second outside Europe to legalise same-sex marriage. [35]

Australia: Same-sex unions are treated as de facto unions under the Australian federal law, though each Australian state and territory is entitled to create their own laws with respect to same-sex relationship registers and same-sex partnership schemes. [36] Same-sex couples are prevented from marrying by the definition of marriage contained within the federal Marriage Act (1961), as amended in 2004 by the Howard Government.

LAW AND HOMOSEXUALITY IN INDIA

The last century witnessed major changes in the conception of homosexuality.Since 1974, homosexuality ceased to be considered an abnormal behavior and was removed from the classification of mental disorder. It was also decriminalized in different countries. Since then various states across the globe enacted anti-discriminatory or equal opportunity laws and policies to protect the rights of gays and lesbians. In 1994, South Africa became the first nation to constitutionally safeguard the rights of lesbians and gays. Canada, France, Luxembourg, Holland, Slovenia, Spain, Norway, Denmark, Sweden and NewZealand also have similar laws.The US Supreme Court ordered that no state could pass legislation that discriminated against homosexuals [37] . In India, so far no such progressive changes have taken place and the homosexuals remain victims of violence in different forms supported by the state and society. There is no explicit mention of homosexuality or homophilia in any of the statute books of India. A person cannot be prosecuted for being a homosexual or homophilic. But the sexual act of sodomy is a criminal offence. The major provisions of criminalisation of same-sex acts if found in Section 377 of theIndian Penal Code (IPC) of 1860.Section 377 of IPC reads:

Of Unnatural Offences: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute carnal intercourse necessary of the offence described in this section.

This provision of the I.P.C. is based on the centuries-old misconception that sodomy and homosexuality is one and the same thing. A homosexual man is viewed as a ‘type of person’ who has only anal intercourse with his partner. However, the emotional attachments, fantasies and affectionate and erotic desire are not been given due consideration. Thus, de jure, it is an attempt to criminalise sodomy while de facto it is an attempt to criminalise and stigmatise homosexuality. Hence conventionally homosexuality is bought as an offence under the IPC. In1987, Tarulata/Tarun Kumar underwent a female to male sex change operation and married Lila in 1989. Lila’s father filed a petition in the Gujarat High Court saying that it is a lesbian relationship and that the marriage be annulled. The petition contends that ‘Tarun Kumar possesses neither the male organ nor any natural mechanism of cohabitation, sexual intercourse and procreation of children’. Adoption of any unnatural mechanisms does not create manhood and as such Tarun Kumar is not a male. The petition called for criminal action underSec. 377 and the case is now pending in Gujarat High Court [38] .

In a judgment [39] the Supreme Court was dealing with a case where a man had homosexual relations with a boy with the consent of the boy. The Supreme Court in 1983observed that: ‘the offence is one under Sec. 377, IPC which implies sexual perversity. No force appears to have been used neither omissions of permissive society nor the fact that in some countries homosexuality has ceased to be an offence, has influenced our thinking’. Considering the consent of the boy, theSupreme Court reduced the sentence from 3 years rigorous imprisonment to six months rigorous imprisonment. The Indian Constitution states that ‘there shall be no discrimination on the basis of the sex of a person’ which is a Fundamental Right of the citizens, ‘The term’sex’ although refers to the biological sex of a person as male or female, is broad enough to include sexual orientation also in the present context,Section 292 of IPC refers to obscenity and there is ample scope to include homosexuality under this section.

Despite the existence of alternative marriage systems and customs, the conventional definition of a family includes a man and a woman along with their resultant children. This definition is based on the notion of compulsory heterosexuality and homophobia. There is no legislation at present in India where same-sex couples could register as domestic partnership or civic contract unions. In a small village Angaar in Gujarat, among the Kutchi community a ritualistic transgender marriage is performed during the time of Holi festival. This wedding which is being celebrated every year, for the past 150 years is unusual because Ishaak, the bridegroom and Ishaak Ali the bride are both men.

A human rights activist.group ABVA filed a Public Interest Litigation in theDelhi High Court. The petition challenges the constitutional validity of Sec. 377of IPC and advocates supply of condoms to jail inmates, with a plea to restrain the authorities from segregating or isolating prisoners with homosexual orientations or those suffering from HIV/AIDS [40] . The petition urges that Sec. 377 is obsolete and must be struck down as beingunconstitutional on the grounds that Right for Privacy is part and parcel of theFundamental Rights of life and liberty under Article 21 of the constitution andrecognised by the 1948 International Convention on Human Rights; Sec. 377 is aviolation of Article 14 of the constitution since it discriminates persons on thebasis of their sexual orientation; having been enacted in 1860, Sec. 377 is archaic,absurd and implemented by the British in all its colonies, including India, butnow been repealed in England, the country of origin. The point of argument in this case is more from asexual health perspective and less from the gay right perspective.

In National Legal Services Authority v Union of India [41] , the Supreme Court was tasked with deciding whether the right to equality and other fundamental rights required state recognition of hijras and transgenders as a third gender for the purposes of public health, welfare, reservations in education and employment, etc. [42] The Court observed that even though Section 377 was facially gender neutral, it had a disproportionate impact on certain communities. Sec. 377 begins with the words “whoever voluntarily..” which implies that both men and women can be imprisoned under this act.

RELIGIOUS STANDING OF SAME SEX MARRIAGES

There is enough Hindu literature available that speaks volumes about the stand of Hinduism on homesexuality, and as an extension on same sex marriages. Homosexuality has an ancient history in India. Ancient texts like Rig-Veda whichdates back around 1500 BC and sculptures and vestiges depict sexual actsbetween women as revelations of a feminine world where sexuality was based on pleasure and fertility. The description of homosexual acts in theKamasutra, sculptures of the temple at Khajuraho, the character of ‘Sikhandi’ in Mahabharata, evidences ofsodomy in the Tantric rituals are some historical evidences of same-sexrelationships. However, these experiences started losing their significance with the advent ofVedic Brahmanism and, later on, of British Colonialism. The Manusmriti provides harsh punishments for females having sexual relations with a girl, proving the existance of such relationsduring the period. However, both sexual systems coexisted, despite fluctuations in relative repression andfreedom, until British Colonialism when the destruction of images of homosexualexpression and sexual expression in general became more systematic and blatant.

Islamic Shari’ah law is extracted from both the Qur’an and Muhammad’s Sunnah. Homosexuality under this law, is not only a sin, but a punishable crime against God.In the case of homosexuality, how it is dealt with differs between the four mainline schools of Sunni jurisprudence today, but what they all agree upon is that homosexuality is worthy of a severe penalty.Muhammad himself had stated, “If you find anyone doing as Lot’s people did, kill the one who does it, and the one to whom it is done.” He even went so far as to condemn the “appearance” of homosexuality, when he cursed effeminate men and masculine women and ordered his followers to “Turn them out of your houses.” This ruling on homosexuals was naturally adopted by his later successors. Even by moderate Muslims homosexuality is seen as something that is vile and unacceptable.

Christianity

There has been a great debate going on in the Christian world regarding the position of homosexuality. One line condemns the idea as a whole, whereas the other line says homosexuals should be accepted so that they can find a higher calling in God and change their ways. The split in thought has occured after modern Western nations have started legalising homosexuality. However, traditionally, homosexuality has been condemned by Christianity.

ISSUES & CHALLENGES OF SAME SEX MARRIAGES

The issue of homosexual conduct to this fore in recent legal and political debate for three main reasons, which are as follows [43] :

(i) Liberalisation of the law (in the UK, by the Sexual Offences Act, 1967 as amended in 2000 and some other countries by a similar legislation) has brought with it a change in social attitudes, so that the stigma attached to the homosexuality has to a greater extent disappeared.

(ii) Campaigns for lesbian and gay rights especially in the US have taken on an increasingly radical character, arguing for an end to all forms of discrimination against homosexuality, and even for the legalisation of same sex marriages.

(iii) The outbreak of HIV/AIDS which has been spread in the western countries to a great extent by homosexual activity between males, has led to accusations and counter-accusations, often of a bitter kind on Spain, Belgium and the Netherlands, as well as Canada in allowing same sex marriages.

Same sex acts are punishable by death in nine countries around the world.Present legal status of same sex marriage in India Homosexual intercourse was a criminal offence in India until 2009 under Section 377 of the Penal Code. This made it an offence for a person to voluntarily have carnal intercourse against the order of nature. Whilst convictions under this section were rare, with no convictions at all for homosexual intercourse in the twenty years to 2009, Human Rights Watch have said that the law was used to harass, HIV/AIDS prevention activists, as well as sex workers, men who have sex with men, and other LGBT groups. The group documents arrests in Lucknow of four men in 2006 and another four in 2001. The People Union for Civil Liberties has published two reports of the rights violations faced by sexual minorities and, in particular, transsexuals in India.

Apart from the harsh legal scenario, homosexuals face social stigma as well. Same sex marriages are still unimaginable as any instance ofsexual relations between a couple of the same sex draws hatred and disgust. There is an entrenched system of dowry in the Indian culture to protect which the system of same sex marriages are discouraged. If both parties are male, or, if both parties are females, who would pay dowry to whom will be a big question. Moreover, same sex relations are considered to be unnatural or against the course of nature. The Indian society is steeped in tradition and this reflects on the legal system as regards inter-personal relationships. Intimacy of any sort is not approved of unless it is legitimized in the form of marriage where socially approved sexual access takes place.

The social order in our Country is religion based which views procreation as an obligation for the execution of various religious ceremonies.

Additionally our society is very community oriented and individualism is not encouraged in the least, any expression of homosexuality is seen as an attempt to renounce tradition and promote individualism, thereby posing a threat to the order in Indian society. It is opined that if homosexual marriages are legalized it will destroy the concept of a traditional family and the sanctity of marriage will be lost.It must not be forgotten that the Indian society is patriarchal in nature and the fact that certain women and men have different choices, which is not sanctioned by the ‘order’, frightens them in a way

A TIME FOR CHANGE

Gay and lesbian rights activists from various parts of the countries were protesting for their rights and for decriminalizing the homosexual conduct. There is a big debate in our country too- whether it should be legalized or not.

Arguments against Decrimilisation of Homosexuality [44]

This is more of a religious debate than a political one. A large number of people, especially in India are opposing it, as they say, it is unnatural, uncouth and immoral.  Those people who are opposing it their arguments are based on religious and natural law belief. Some people don’t consider them as natural because they do not produce kids. Is it sacred if gay marriage is allowed God created Adam and Eve, we never find statements in Genesis about Adam and Steve. Why break God’s law by allowing gay marriage If nature wanted same-sex people to live together, there would only be one sex rather than different sexes. Our society is based on opposite sex marriage. If gay marriage is OK, then why can’t I marry my cousin, or my sister, or my cat. Don’t I have the same rights as gays or are they now above the rest of us. Don’t forget that the law is specific on this. It was created to keep the fabric of society together. It goes against the laws of the land that have been used for hundreds of years and were based on the basis of the commandments.

Arguments in favour ofDecriminalising Homosexuality [45]

(1)  It violates right to liberty guaranteed under Article-21 of the Indian Constitution which covers private consensual sexual relations. The fundamental right to liberty (under Article-21) prohibits the state from interfering with the private personal activities of the individual. The concept of privacy is so broad that no comprehensive and all encompassing definition of the term can be given. In the case National Coalition For Gay AndLesbian Equality V. Ministry of Justice [46] , the South African court held that Privacy recognizes that we all have a right to a sphere of private intimacy and autonomy which allows us to establish and nurture human relationships without interference from the outside community. Even at the international level, the right to privacy has been recognized in the favour of lesbians and a gay man.

(2)  Criminalization of homosexual conduct is unreasonable and arbitrary. Infringement of, the right to equal protection before law requires the determination of whether there is a rational and objective basis to the classification introduced. There should be a just and reasonable nexus between the classification and the object sought to be achieved by the legislation. Section-377 of IPC, its legislative objective is to criminalize all the sexual activities which are against the order of nature, thus punishing the unnatural sex. Section-377 assumes that natural sexual act is that which is performed for procreation. Hence, it thereby labels all forms of non-procreative sexual act as unnatural. This gives a very narrow view to the distinction between the procreative and non-procreative sexual act. Hence, the legislative intent of creating a public code of sexual morality has no rational nexus with the classification created. Further, the very object of the section is vague, unreasonable, constitutes  discriminationarbitrary and based up on the stereotyped notion that sex is only for procreation. Now if this presumption is accepted is correct then, what justifies the policies of family planning and the use of the contraceptive devices.

(3) Section-377 discriminates on the basis of sexual orientation which is forbidden under Article-15 of the Constitution. Article-15 prohibits discrimination on several grounds, which includes Sex. By prohibiting discrimination on the basis of sex, article-15 establishes that there is no standard behavioral pattern attached to the gender. The prohibition on non-procreative sexual acts imposed by section-377 prescribes traditional sexual relations upon men and women. In so doing the provision discriminates against the homosexuals on the basis of the constitutes discrimination on the basis of sexual orientation.

(4). Section-377 violates the enjoyment of civil laws and gay men and lesbians and leads to other adverse effects: Section-292 of IPC punishes Obscenity; the current definition of obscenity can lead it to incriminate the gay and lesbian writings. As male homosexuality is a criminal offence, the presumption is that it is something depraved and can corrupt the minds and bodies of the persons. In the prevailing atmosphere any writing about the lesbians and the gay men can be criminalized, as homosexuality is treated as something immoral or depraved.

The universal law of Human Rights states that social norms, tradition, custom or culture cannot be used to curb a person from asserting his fundamental and constitutional rights. If we were to accept the justification, given tous by cultural views, public policy and societal values, which are used to restrict a person’s right then there would have been no progressive legislation enacted in our Country. Sati, dowry, child marriage and infanticides are practices derived from cultural belief, but the Government still took steps to prevent them.On the basis of the whole discussion on the aspect of same sex marriage that is should it be legalized or not. This is more of a religious debate then a political one. Homosexuality is not an offence, it is just a way of pursuit of happiness, a way to achieve sexual happiness or desire. There is absolutely no reason, apart from blind prejudice, which prevents two gay people going through a civil ceremony which will give them the rights and securities which heterosexual couples enjoy. . Aren’t we living in an age which respects the individual’s right to choose Isn’t Indiasupposed to be the land of the free In our society people have branded homosexuals as queer. Yet homosexuality is not new nor is it against the Indian culture, it has always existed and with much lesser prosecution, that under Section-377 of the IPC, which is based on British Offences against the Persons Act.

What should be the right approach to deal with same sex marriages, the issues are quite vast and complex. However, the desirability and feasibility of such an approach remain to be ascertained. In any event there is a growing conviction that our present method of criminalizing the same sex sexual activity neither helps the homosexuals nor protects the society in general. We thus need to legitimate same sex marriages in order to move forward in the direction of human rights.

BIBLIOGRAPHY

• Puja Mondal, “Essay on Marriage: Meaning, Functions and Forms,” available at http://www.yourarticlelibrary.com/marriage/essay-on-marriage-meaning-functions-and-forms/8592 (last accessed on August 19, 2015 at 8:37 P.M.)
• SherifGirgis, Robert P. George, et al , “What Is Marriage?,” Vol. 34, Harvard Journal of Law & Public Policy , 246
• AnuradhaParasar, “Homosexuality In India- The Invisible Conflict,” available at http://www.delhihighcourt.nic.in/library/articles/legal%20education/Homosexuality%20in%20India%20-%20The%20invisible%20conflict.pdf (last accessed at August 20, 2015)
• VidhanMaheshwari, “Same Sex Marriage: Is It The Time For Legal Recognition,” available at http://www.legalserviceindia.com/articles/semar.htm (last accessed on August 20, 2015 at 2:32 A.M.)
• The Hindu Archives, available at http://www.thehindu.com/ (last accessed at 01.10.2015 at 8:43p.m.)

[1] Puja Mondal, “Essay on Marriage: Meaning, Functions and Forms,” available at http://www.yourarticlelibrary.com/marriage/essay-on-marriage-meaning-functions-and-forms/8592 (last accessed on August 19, 2015 at 8:37 P.M.)

[9] SherifGirgis, Robert P. George, et al , “What Is Marriage?,” Vol. 34, Harvard Journal of Law & Public Policy , 246

[12] Prof.AnisaShaikh, “Right To Marry Under Right To Life: Panoramic View,” available at http://www.legalindia.com/right-to-marry-under-right-to-life-panoramic-view (last modified at January 12, 2012)

[13] Supra note 12

[16] AIR 1999 SC 495

[17] AnuragGupta,”Problems attached to Inter Caste Marriage,” available at http://blogs.matrimonialsindia.com/2010/04/14/problems-attached-to-inter-caste-marriage (last accessed at 1.10.15)

[21] Lata Singh v. State of Uttar Pradesh AIR 2006 SC 2522

[22] RukminiS.,”Just 5% of Indian marriages are inter-caste: survey,” TheHindu , November 13, 2014

[23] “LGBT Rights Around The World #LGBT,” available at http://infographicworld.com/lgbt-rights-around-world/ (last accessed at 1.10.15)

[24] 576 U.S. 2015

[25] 291 Minn. 310, 191 N.W.2d 185 (1971)

[26] “Same-sex marriage in the United States,” available at https://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_States (last modified on 3 October 2015, at 01:53)

[27] “Same-sex marriage in the United Kingdom,” available at https://en.wikipedia.org/wiki/Same-sex_marriage_in_the_United_Kingdom ( last modified on 20 September 2015, at 21:09)

[31] “Same-sex marriage in South Africa,” available at https://en.wikipedia.org/wiki/Same-sex_marriage_in_South_Africa ( last modified on 16 July 2015, at 04:13a.m.)

[32] [2005] ZACC 19

[33] Supra note 19

[36] “Recognition of same-sex unions in Australia,” available at | https://en.wikipedia.org/wiki/Recognition_of_same-sex_unions_in_Australia (last modified on 3 October 2015, at 04:24)

[37] Lawrence v. Texas, 539 U.S. 558 (2003)

[38] AnuradhaParasar, “Homosexuality In India- The Invisible Conflict,” available at http://www.delhihighcourt.nic.in/library/articles/legal%20education/Homosexuality%20in%20India%20-%20The%20invisible%20conflict.pdf (last accessed at August 20, 2015)

[39] FazalRab Vs State of Bihar AIR 1983 SC 323

[40] S upra note (7)

[41] Writ Petition (Civil) No. 400 of 2012 (‘NALSA’)

[42] ChintanChandrachud,”Limiting the impact of Section 377,” The Hindu ,December 12, 2014

[43] VidhanMaheshwari, “Same Sex Marriage: Is It The Time For Legal Recognition,” available at http://www.legalserviceindia.com/articles/semar.htm (last accessed on August 20, 2015 at 2:32 A.M.)

[44] Supra note 43

[45] Supra note 44

[46] (1998) (6) BCLR 726

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