Should the LGBT Community be given a right to marry?
We are still questioning ourselves; maybe that is the root cause of all the troubles. This question is better framed as
“Why shouldn’t the LGBT Community be given a right to marry?” Questions being directed at them should now change their course towards people who oppose equal rights for them. We have a perfectly competent legal system to decide on these matters, so the only real question is, “Who are we to oppose rights for them?”.
Their sexuality is not our concern, but protecting their rights should be. There is nothing ‘unnatural’ about their sexual orientation. Man-made, lab-made, artificial are the synonyms of ‘unnatural’, and since none of those is the case with the LGBT group, we can outright rejected the idea of it being ‘unnatural’.
Their existence is not new; it’s just newly surfacing. Since it has always been in society, categorising it as ‘abnormal‘ is outrageous.
Change is constant; it might not be acceptable to many, but it is inevitable. There are groups of LGBT activists and groups who regard the community as ‘Heinous, Unnatural, and Immoral’.
However, the essential point of the argument remains that they are individuals, each of them an adult, and we have no right to dictate any terms over their lives. Society should be way beyond the stage where people are discriminated against for their sexual preferences.
Indian society opposing LGBT Community is hypocritic. Indians do not generally prefer to talk about sexual interactions openly, despite which they don’t mind discussing how people should only be straight.
Any matters that are a part of every modern society, including India, are overlooked because they are uncultural. The fact is that denial doesn’t erase the issues. However, because the Indian society is culturally rigid, it is almost impossible to look sensibly towards issues like premarital coitus, premarital/unwanted pregnancy, abortion, live-in relationships, surrogacy or the existence of the LGBT Community.
Most people respond awkwardly when they discover a homosexual couple. A homosexual couple is legally identified in India, but without a binding marriage, the previous judgement has no such stance.
This is primarily because Indian society does not favour live-in relationships. A married couple is not only better accepted in society, but they also have several edges over unmarried couples like joint bank accounts, insurance, mutual funds etc. LGBT Partners can’t even name their partners on healthcare or passport.
LGBT marriages are completely binding in the USA, so if an Indian LGBT couple migrates to the USA, they shall be allowed to get married there, under the Lex Loci (Law of the Local Land).
However, the marriage will be deemed invalid when the couple visits India because India does not recognize same-sex marriages. This is highly shameful not only to the couple but also to us as a society. The primary purpose of the law is to avoid the creation of any form of anarchy or chaos in the society, and if any legislation serves no current purpose, it must be struck down.
However, the LGBT laws are not equally recognized across the Globe, yielding to trouble and humiliation for the couples of the community.
The judgement of the Navtej Singh Johar case, 2018, officially decriminalized homosexuality, which was a significant step by the Supreme Court of India. However, despite decriminalization, same-sex marriages aren’t permissible.
In India, the ultimate declaration of love is marriage, and any couple who stays in a live-in is considered immoral and faces moral policing. Therefore, how have we accepted the LGBT community if we do not allow them to get married?
A Shakesperian play named ‘The Merchant of Venice‘ was published in 1600, and one of its characters, ‘Antonio’, was deemed an ‘invert’ by several experts. This not only clarifies their existence since ancient times but also erases the possibility of no public knowledge about the community. It is very shameful that we are still having to discuss it in 2021.
In the name of human rights, it’s time we call for equal recognition of LGBT marriages as any other and to halt analyzing a couple’s affection based on their gender.
We can do nothing much, but we should not judge or police any LGBT person or couple but try and remember that they are absolutely the same people as us.
Moreover, mentioning them as “Community” sounds rather disgraceful. After all, they are one of us. The usage of ANY such discriminatory terms should be withheld overall.
For years, people from the LGBT Community have hidden behind curtains; it is now time to share equal rights!
Angelina is a second-year BA.LLB student, who is neither a geek nor a dolt. She reads up to the snuff and writes on socially strained topics. She likes the law and associates it with every situation to establish a firm stance.