Author:- Debolina Ghosal, Brainware University
ABSTRACT
Same-sex marriage has been one of the most significant social and legal issues of the past few decades. The fight for marriage equality has seen progress in many countries, recognizing the rights of LGBTQ+ individuals to marry the person they love. This article explores the history of same-sex marriage, the legal and social implications, ongoing challenges, and the impact of marriage equality on society.
INTRODUCTION
Same-sex marriage refers to the legal recognition of marriage between two individuals of the same gender. It is a significant aspect of LGBTQ+ rights, promoting equality and legal protection for same-sex couples. While many countries have legalized it, others still debate its acceptance due to cultural, religious, and legal factors. Advocates argue that marriage is a fundamental right, regardless of gender, while opponents cite tradition and religious beliefs. In India, same-sex marriage is not yet legally recognized, despite the decriminalization of homosexuality in 2018. The fight for marriage equality continues as societies evolve toward greater inclusion and acceptance.
THE HISTORY OF SAME-SEX MARRIAGE
The movement for same-sex marriage has deep roots in LGBTQ+ activism. While LGBTQ+ rights have been a topic of discussion for centuries, the push for legal marriage recognition gained momentum in the late 20th century.
Early Activism: The Stonewall Riots of 1969 are often cited as a turning point in LGBTQ+ rights, paving the way for broader discussions about equality.
First Legal Recognitions: In 2001, the Netherlands became the first country to legalize same-sex marriage, setting a precedent for other nations.
Global Progress: Over the years, countries like Canada, Spain, the United States, and Taiwan have followed suit, recognizing marriage equality.
LEGAL AND SOCIAL IMPLICATIONS OF MARRIAGE EQUALITY
Legal Recognition and Rights
Legalizing same-sex marriage grants LGBTQ+ couples the same rights and responsibilities as heterosexual couples, including:
Inheritance and property rights
Adoption and parental rights
Medical decision-making power
Spousal benefits, such as insurance and pensions
Social Acceptance and Cultural Shifts
As legal barriers have fallen, social acceptance has grown in many parts of the world. Marriage equality has played a role in normalizing LGBTQ+ relationships, challenging stereotypes, and fostering inclusivity. However, resistance remains in some conservative societies, where cultural and religious beliefs continue to shape attitudes.
ONGOING CHALLENGES AND RESISTANCE
Despite significant progress, challenges persist:
Religious and Cultural Opposition: Many religious institutions and conservative groups continue to oppose same-sex marriage, arguing it conflicts with traditional values.
Legal Reversals and Discrimination: Some countries have seen legal setbacks, with governments rolling back LGBTQ+ rights.
Lack of Global Recognition: In many parts of the world, same-sex marriage remains illegal, and LGBTQ+ individuals face criminalization or discrimination.
THE IMPACT OF SAME-SEX MARRIAGE ON SOCIETY
Strengthening Families and Communities
Marriage equality has allowed LGBTQ+ individuals to build stable, legally recognized families. Studies show that children raised in same-sex households fare just as well as those raised in heterosexual families.
Economic and Legal Benefits
Countries that have embraced marriage equality have seen economic benefits, as LGBTQ+ couples contribute to industries such as tourism, housing, and legal services. Additionally, workplace diversity and inclusion improve when LGBTQ+ individuals have equal rights.
NAVTEJ SINGH JOHAR V. UNION OF INDIA (2018):-
Issue
The main issue in Navtej Singh Johar v. Union of India was whether Section 377 of the Indian Penal Code (IPC), which criminalized consensual same-sex relationships, violated fundamental rights under the Indian Constitution.
Background
Section 377 of the IPC, enacted in 1861 during British rule, criminalized “carnal intercourse against the order of nature,” which was interpreted to include same-sex relationships.
Over time, the law was used to harass and discriminate against LGBTQ+ individuals, violating their rights to privacy, dignity, and equality.
In 2009, the Delhi High Court ruled in Naz Foundation v. Government of NCT of Delhi that Section 377 was unconstitutional, but in 2013, the Supreme Court overturned this in Suresh Kumar Koushal v. Naz Foundation, reinstating the law.
In 2016, Navtej Singh Johar, a renowned dancer and LGBTQ+ activist, along with others, filed a petition challenging Section 377, arguing that it violated Articles 14 (equality), 15 (non-discrimination), 19 (freedom of expression), and 21 (right to life and privacy).
Judgment (2018)
On September 6, 2018, a five-judge Constitution Bench of the Supreme Court, led by Chief Justice Dipak Misra, delivered a unanimous verdict striking down Section 377 to the extent that it criminalized consensual same-sex relationships between adults.
Key Highlights of the Judgment
Fundamental Rights Violation – The court held that Section 377 violated the right to equality (Article 14), dignity and privacy (Article 21), and non-discrimination (Article 15).
Sexual Orientation as an Inherent Identity – The judgment affirmed that sexual orientation is a natural and intrinsic part of an individual’s identity and cannot be criminalized.
Right to Privacy and Dignity – Building on the 2017 Puttaswamy judgment (which recognized privacy as a fundamental right), the court ruled that LGBTQ+ individuals have the right to live with dignity, free from state interference in their private lives.
Role of Constitutional Morality – The ruling emphasized that constitutional morality should prevail over societal morality, meaning outdated beliefs cannot justify discrimination.
Apology for Historical Injustice – The court acknowledged the historical oppression faced by the LGBTQ+ community and apologized for past discrimination, marking a significant shift in judicial perspective.
Impact of the Judgment
Decriminalized same-sex relationships, but did not legalize same-sex marriage.
Strengthened LGBTQ+ rights and provided legal protection against discrimination.
Encouraged further activism for marriage equality, adoption rights, and anti-discrimination laws.
Shifted public perception, fostering greater acceptance and discussion of LGBTQ+ issues in India.
The Navtej Singh Johar case remains a landmark ruling, setting the stage for ongoing legal and social battles for full LGBTQ+ rights in India.
Conclusion
The legalization of same-sex marriage marks a historic shift toward equality and inclusivity. While progress has been significant, challenges remain in many parts of the world. The fight for LGBTQ+ rights continues, but the recognition of same-sex marriage has proven to be a crucial step toward a more just society. As laws evolve and social attitudes shift, the hope is that love, in all its forms, will continue to be celebrated and respected worldwide.
India has made progress in LGBTQ+ rights, same-sex marriage is still not legally recognized. The Supreme Court has taken progressive steps, decriminalizing homosexuality and acknowledging diverse family structures, but marriage equality remains a legislative challenge. Future legal and policy reforms will determine whether India grants full marital rights to LGBTQ+ couples.