Reasons for & Against LGBTQ Marriage

By Devang Rao
“First they ignore you, then they laugh at you, then they fight before you and then they accept you.”

Abstract
In the Essay Below we will discuss about the Reasons for and against LGBTQ Marriage and their
current situation in the society moreover we will also discuss about the Psychological reasons to
support LGBTQ marriage. Further we will also discuss about the pros and cons of LGBTQ
Marriage.

LEARNING OBJECTIVES
After reading this article you should be able to understand the following;
 About LGBTQ Marriage.
 Current Situation for LGBTQ Marriage.
 Pros and Cons of LGBTQ Marriage.

KEYWORDS: LGBTQ Marriage; LGBTQ Rights; LGBTQ History.

INTRODUCTION
On September 6, 2018 Supreme Court of India Decriminalized the Section-377 made in British Era
of Indian Penal Code and now it is no longer offence for Gay sex in Private. So, after this the
subject of LGBTQ Marriage is now big issue which is raised by LGBTQ Community and it is a
becoming a big row that weather LGBTQ Marriage should a Human Rights or not. To discuss this
in detail we will exactly first know about LGBTQ Marriage and its current situation, after knowing
exactly about LGBTQ Marriage we know Psychological reasons as to why we should support
LGBTQ Marriage then after we will go through Pros and Cons of Marriage of LGBTQ Community.

History of LGBTQ Movement in India

In the post-independence era, the LGBTQ community has faced numerous setbacks in their
struggle to have the same rights as heterosexual couples.
If one traces the trajectory of the movement, the first known protest for gay rights was held on Aug.
11, 1992, 45 years after India gained independence from British colonialism. An organization called
AIDS Bhedbhav Virodhi Andolan (ABVA) organized the gathering in front of Delhi police
headquarters to protest against the rounding up of men from Connaught Place's Central Park on
charges of homosexuality. The protest didn’t see any desired outcome.
Two years later in 1994, ABVA activists filed a public interest litigation (PIL) in Delhi High Court
challenging the constitutionality of Section 377. This PIL was the first legal protest and the first
attempt to legalize homosexuality in India. In 1991, ABVA published a report titled ‘Less than
Gay’, a citizen´s report on the discrimination faced by the community in India.
The PIL provided India with its first champion of gay rights, Siddhartha Gautam, a co-founder of
ABVA. However, post-Gautam’s early and sudden demise, ABVA failed to follow through on the
petition and the case was dismissed in 2001.
In 1999, Kolkata, a city in West Bengal, held India’s first ever Gay Pride Parade. The parade, with
only 15 attendees, was called Calcutta Rainbow Pride and sent an overdue message to the whole
country i.e., being queer and being proud. The same year, a Delhi-based organization called
CALERI (Campaign for Lesbian Rights) released a manifesto titled ‘Lesbian Emergence’ which
sought to break the silence around the lives of queer women, who according to CALERI, were
much more invisible than queer men.
In July 2001, enthusiastic about enforcing Section 377, Lucknow police raided a park and arrested a
few men on grounds of suspected homosexuality, reigniting debate about the issue again. The
police also raided Bharosa, an NGO working on health issues, seized their documents, and arrested
nine more people. They were charged with sex racketing and denied bail. Finally, after a month, the
Lawyers Collective, a legal aid organization fighting for gay rights, established that the NGO was
not involved in a sex racket and bailed out the arrested members.
After the Lucknow incident, the NGO Naz Foundation and the Lawyers Collective filed another
petition to the Delhi High Court in 2001 against the law which then brought a desired, overdue but
short-lived verdict on July 2, 2009, decriminalizing homosexuality.
The community, after a long battle, was only just letting out a sigh of relief when the Supreme
Court of India decided to overturn the judgment within the short span of two years. In what came to
be known as Suresh Kumar Koushal vs Naz Foundation, a bench of Justice GS Singhvi and Justice
SJ Mukhopadhaya scrapped the Delhi High Court verdict.
But Finally on September 6, 2018 Supreme Court of India Decriminalized the Section-377 which
gave more space to the LGBTQ Community but their fight didn’t stop here because it was there one
of the Rights which they were supposed to be given so, their battle further continuous as far as their
Marriage Rights are Concern.

LGBTQ Marriage

The Topic of LGBTQ Marriage is intensively talked in Society. Some are with it and others are
against it. All individuals deserve the right to marry whomever they choose and even more
importantly, have that union legally recognized. Depriving individual’s marriage just because they
are of same sex is very unjust in itself. Homosexuality is a normal variant of adult sexuality; gay
men and lesbians possess the same potential and desire for sustained loving and lasting
relationships as heterosexuals, including loving and parenting children. This is supported by hard
data, not just opinion Marriage is a basic human right and an individual personal choice and the
State should not interfere with same-gender couples who choose to marry. The LGBTQ Marriage
carries out a vast debate in society and its various aspects are discussed below:
Equal Benefits
The Marriage of same sex should be made legal because it gives equal rights to everyone, before
legalisation of same sex marriage in America the homosexual coupals has no hospital visitation
rights. It means that if some emergency arises a person is not allowed to visit their life partner
because they are not legally married.
Same-Sex Marriage Boots the Economy
It is arguable that same sex marriage is beneficial to economy. Not only it have positive impact on
Marriage expanses but higher tax for those who file jointly causing an increase in Tax revenue
moreover productivity increases since prejudice is removed.
Increases the number of successful adoptions
One of the important reasons why the homosexual marriage should be allowed is the increase in
successful adoption. Millions of children need safe, permanent homes and the homosexual people
are most stable in the lives and it can create a good impact in society. Rights of adoption is been
denied in the current situation to the Homosexual peoples.

Current Situation for LGBTQ Marriage

Though after the Landmark judgement of Supreme Court there has been some changes in the
society but it is not enough since it was one of their fundamental rights which they got after such a
long battle and they have to go long way now. However, speculation remains about whether the
judgment would indeed bring any desired changes in society. However, the LGTBQ community is
not dialling down their celebration despite the opposition. They are preparing themselves for the
larger struggle ahead since the road to complete acceptance and living with dignity is long and
byzantine.

Pros and Cons of LGBTQ Marriage

The above information is quite convincing but like all topics, there are both pros and cons of same-
sex marriage. Along with the reasons why same sex marriage should be legal, one advantage of
same sex marriage is a decrease in psychological disorders. This is a result of the LGBT community
being supported socially and feeling accepted. Inclusion positively affects well-being while
exclusion hurts it.
In addition, homosexuality should be legal in terms of marriage because it refreshes the meaning of
marriage. When it comes to legalizing same sex marriage, unions go beyond love, they take on the
meaning of equality. One of the cons of same sex marriage according to some has to do with
religion. Legalizing same sex marriage does and can cause religious confusion. If you have read the
bible, it does contradict Scripture and this is a factor individuals struggle with but rights have
nothing to do with religion. Another argument made by those against gay marriage is the institution
of marriage. Many of those who oppose it believe that allowing gay couples to wed could weaken
the institution of marriage.

Right now, same sex marriage is legal in the United States meaning anyone can marry whomever
they please. Not only has a community been granted the rights they were entitled to from the start
but society is evolving as is marriage. Everyone marries for the same reasons. They want to wed the
person they love and be granted the innumerable rights associated with marriage in order to build a
life together. Friday, June 26, 2015, was a huge day for those pro-same sex marriage and its effects
are everlasting.
Conclusion

Human evolution is only possible when there is allowance for a ‘social evolution’. Sensitive issues
like same sex marriage cannot just rely upon individual interpretation. Or moral judgments and
religious punishments. We need to step out of our secluded silos and learn to assimilate. There is
nothing wrong about what you are and who you love. To all those hearts out there, don’t fret, for we
all know.

Bibliography & Credits

1. https://www.telesurtv.net/english/news/The-History-and-Activism-of-
LGBTQ-Community-in-India-20180909-0009.html (Accessed on 22-10-
2018)
2. https://www.marriage.com/advice/same-sex-laws/lgbt-love-why-same-sex-
marriage-should-be-legal/ (Accessed on 26-10-2018)
3. https://www.psychologytoday.com/us/blog/psychoanalytic-
excavation/201205/ten-reasons-support-gay-marriage (Accessed on 26-10-
2018)
4. https://blog.timetoswipe.com/history-sex-marriage-india/ (Accessed on 27-
10-2018)

NAME- Devang Rao

SEM- I
SEC. – B
ROLL NO. – 26