File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Is Same Sex Marriage Right or Wrong?

Same sex marriage means marriage between two people who belong to the same gender or sex. They enter into a religious or a civil marriage ceremony. By same sex marriage we mean marriage between gays (boy marrying a boy) and lesbians (girl marrying a girl). Same sex marriage legalization can help an individual to own up to his individuality and can finally be themselves. It also provides a brighter path for the people of the LGBTQ+ community.

Introduction
The records of same sex marriage can be tracked down those dates back to the first century and the first country to legalize same sex marriage was the Netherlands in April 2001 where in two men married each other within a month of the legalization.

As of 2021, 29 countries have legalized same sex marriage some of them being:

  1. Argentina - 12th November 2009
  2. Australia - 9th December 2017
  3. Brazil - 14th May 2013
  4. Canada - 20th July 2005
  5. United Kingdom - 2013 (legalization of the marriage happened at different times in parts of UK)
  6. United States - 26th June 2015

Powerful countries like United Kingdom and United States boost other countries to follow their footsteps as well.

There are 33 countries as of today who have a different outlook to same sex marriage and its views on legalizing this act of marriage. Countries like Armenia, Belarus, Dominican Republic, etc have stated that same sex marriage goes beyond the laws of nature and hence prevented same sex marriage in their countries. Countries who follow the Islamic Law by nature have interpreted same sex marriage as a crime and is hence prohibited in their countries.

The definition of same sex marriage is deferred from country to country according to their law and beliefs as well. But there are many who have challenged the country’s court questioning as to why same sex marriage isn’t legal. Throughout the years, people have either faced failure or success with regards to same sex marriage being legalized or not. It becomes a matter of the people as well. If the ruling isn’t in the favour of the mass public who want same sex marriage legalized, it could be proved harmful for the country as the people could turn their back and go against the country.

Same sex marriage is a human and a civil right and should be recognized holy. Those who are in mass support of the same sex marriage are mostly human rights or civil rights organisation and scientific and medical communities who support the same sex marriage and over the years, according to surveys and polls conducted, it is shows that there is a rise in the supporters every year. This is so because people are getting aware of their surroundings and have a firm idea of what is right and what is wrong. But there still a few who are against the same sex marriage taking place. Such people mostly are from the religious fundamental groups.

Marrying someone to the same sex isn’t a crime. There is no mention that people belonging to the same sex can’t get married to each other and that the act is unholy. The simple definition of marriage is - it is a matrimony or wedlock between two people known as spouses. The definition speaks nothing about who and what gender can marry each other.

Studies
There are scientific studies that prove how same sex marriage benefits the two beings. With the help of marriage, studies shows that marriage enhances the financial, psychological and physical well-being of the gay or lesbian couple. Children who are brought up in such households are comparatively well brought up and are more open minded and have the ability to take up views of other people. They also grow up well when the society recognizes their parent’s marriage and even support them, in other words, if the law accepts the marital union and is supported by social institutions.

The rise in the interest of same sex marriage increased during the late 20th century as there was a positive shift in the attitude towards homosexuality.

Some say that being married to the same sex excludes the possibility of having their own child. This a myth. A couple of the same sex can have their child via surrogacy or adoption. There are many options available for a same sex married couple to have their child, even though a lot of people question the ability of the couple to raise a child without a mother or a father.

Some even state that being raised without a mother or a father has its own disadvantages. This is no such thing. A child needs parental love for growing up and the child is being provided with all the knowledge, education and love that is also given to the child who is born in a family that has both a mother and a father. Parents in the same sex marriage can also provide for the child financially.

It is also observed that in countries like the US, after same sex marriage was legalized, a study was done regarding suicide. The count of suicide declined by a huge margin as the country legalized same sex marriage. Many lead researchers have stated that since the change in law on same sex marriage was brought into action, it has given rise to the gay/lesbian couples and teenagers a hope that there is a bright future for them in times ahead.

Ancient Mentions

The mention of same sex marriage was earlier made during the time of the Roman Empire. The teenage Emperor Elagabalus was the first to get married to his chariot driver, Hierocles as his husband and then later had another marriage with an athlete named Zoticus in a lavish public ceremony.

The first Roman Emperor who had gotten married to a man was Nero, who got married twice to two individuals of the same sex.

It was during the 1970s and 1990s when the support of same sex marriage began. Though a lot of people shunned and threatened the supporters, it didn’t stop them from backing out from the movement of allowing same sex marriage. Many were furious with regards to such movements being initiated and taking place which could send a wrong message to the society and the young feeble-minded children.

Many scholars also state that same sex marriage was recognized by Roman Catholic Churches during the medieval Europe.

Problems Faced In The Society

Couples who come out of the closet are mostly not accepted by their respective parents. Some parents who are open minded can accept their kids as to who they are and would be proud. While some couples confide in their own mothers but are unable to open up to their fathers as they are strong headed and they know that fathers wouldn’t be keeping an open mind unlike the mothers.

Couples are often looked down upon as unnatural and unholy. Some religious groups comment that being lesbian or gay or anything from the LGBTQ+ is a disease and it can be cured. In reality, it is not a disease. It’s a person’s own choice as to who he loves and with whom he/she wants to spend his life with. All the accusation by religious groups is refuted by the scientific studies that are carried out in many parts of the world. Statements like, being married to the same sex is like going against the natural laws of a male and female getting married. Such statements are refuted. It is not a sin to fall in love and get married to the same gender.

Getting married to the same sex is often misinterpreted by the society. Society goes on about saying that people who get married to the same sex are promoting homosexuality. People of the 21st century are way more open minded as they are aware of all forms of human.

Getting adoption rights become difficult for people to achieve. Some countries don’t allow same sex married couple to adopt children. They have a myth that a child who grows in a same sex household would have a skewed version of a family. They even face economic problems as they aren’t allowed to open joint bank accounts. Hospital visitation isn’t allowed to them.
The couple is disregarded from the society as the family in a society is made up of a man and woman only.

Same Sex Marriage Around The World

There are many countries who have legalized same sex marriage while some governments of countries like Chile, Cuba, Thailand have the same sex marriage legalization under consideration. These small steps are huge for gay and lesbians as it is a step forward for them to have a better future together.

There are times when a same sex couple has to get married, they move away from their own country which doesn’t allow same sex marriage. They move away to countries that have legalized same sex marriage even though it can be termed as a problem for them.

There are countries like Japan who have legalized the relationship of same sex but haven’t legalized same sex marriage. Even though the marriage isn’t legalized, the couple is given beneficial opportunities which also include hospital visitation rights, etc.

India
India too has faced backlash for not allowing the legalization of same sex marriage. In 2018, homosexuality was decriminalized, Section 377 was ended. Earlier, India too had same sex marriage termed unholy. But since 2018, it was a step forward the country to legalize same sex marriage as many are raising the legalization of the marriage in the court. Though some states have given recognition to same sex couple living together.

A Public Interest Litigation (PIL) was filed in the Supreme Court seeking the legalization of same sex marriage under the Hindu Marriage Act. The petitioners Gopi Shankar, Abhijit Iyer-Mitra, G. Oorvasi, and Giti Thadani have argued on the basis that there is in no language in the act that restricts the same sex marriage and that marriage shouldn’t be restricted to only a holy matrimony between a man and a woman. It should be open to all genders.

If we look upon our country’s history, there are mentions and depictions of homosexuality and intersex people. Such depictions have been prevalent across India majorly during the 18th century during the British rule over India. Homosexuality then wasn’t looked down upon and were in no way seemed or termed inferior.

Public Opinion
Many surveys and studies were carried out in order to find who are in support of the same sex marriage. It was observed that over the years, support for same sex marriage has increased drastically and that people residing in developed countries have shown immense support. The support has increased across every age group, religion, race, etc. the support has increased significantly as people are getting educated and that the younger generation have a clear trend in the increasing support.

Conclusion
It can be concluded that over the years, there has been a significant rise in the legalization of matrimony of same sex marriage and there are many people in support of it. People have come forward and joined hands to support the cause of being united in terms of accepting the bond between two people irrespective of their gender. We should be more open to have an insight in the minority community. Same sex marriage will also have a positive impact as it shows diversity in the society and there would be a decline in the homophobia that resides among people.

I, myself, am in support of same sex marriage as it is a human and a civil right of people to get married to the person of the same sex and their choice. It is a right for a couple to be happy and be with the person they love. Hence, it can be stated that same sex marriage is right.

Law Article in India

You May Like

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage

Titile

It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media

Titile

One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...

Titile

The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...

Titile

Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly