Challenges and Conflicts with respect to Same-sex marriage :

A Global perspective

Sakshi. Kondhalkar1
ABSTRACT
It is true that every country has a unique tradition that controls interpersonal connections in the area of family law.
Nevertheless, there is a requirement for the unifying and standardisation of conflict of laws legislation dealing to mar-
riage affairs in order to discourage platform shopping and hence avoid limping relationships. The obligation to respect
the universal human rights of the parties to the marriage, on the one hand, and the rule of law and gender equity laws,
on the other, both involve globally agreed-upon norms to abide by interpersonal and international disputes. In order to
assess whether there is agreement among the countries involved, what the issues arising from the lack of agreement
are, and how they can be better handled, I try to lay out the laws of private international law relating to same-sex cou -
ples (marriages and partnerships) in foreign nations in this article.
"If one considers the rule's current state, it is clear that, despite substantial variances, a few comparable elements stick
out after this evolution. Many countries have made the possibility of registering relationships other than marriage le -
gal, although not all of them have. Some countries indicated opposition to the idea, while others shown vehement oppo-
sition, often even outright rejection.” The difference among the nations that have created 'partnerships' and other novel
forms of intimate connection is evident, with some nations offering a marriage-like arrangement while others have cho -
sen a less enviable system. Finally, a few nations have made it possible for homogeneous couples to cohabitate.

[Keywords - same-sex marriages, homosexual, Gay relations, unions, LGBT community]

INTRODUCTION

Globally, societies are always changing. The lifestyle of many individuals is quite different from
those of previous generations. Family law still has implications in many countries as a result of this.
Old standard laws are likely to be amended by the courts or legislatures as a result of new facts and
circumstances. The responses of various countries' family laws to the most current revelations in
our societies are likewise radically varied. A number of nations have also established same-sex mar-
riages in response to the rise in the number of people living together permanently in same-sex rela-
tionships. Some countries have created special cohabitation and registry laws, also have created a
registered partnership that creates a new civil status while others have not yet ratified any new laws
in this area. Though many jurisdictions are debating the establishment of legal status or at least new
rules on the formalisation of same-sex relationships. On the other side, other nations are hesitant to
change their family law in order to support the formalisation of same-sex relationships. 2 The author-
ities in other jurisdictions as well as those in countries where new laws have taken effect are re-
sponding to emerging legal possibilities and their ramifications as a result of the continuous in-
crease in international migration. On the one hand, these authorities may be asked to discuss
whether it would be preferable to follow family law practises seen in those other nations. The other

1 Prn.- 1182200003 TY BBA.LLB div(A)

2 Gerard-Rene De Groot, “Private International Law Aspects Relating to Homosexual Couples”
hand, the legal ramifications of relationships between individuals created under another country's
same-sex marriage, registered partnership, or other type of registry or cohabitation law, however,
must be taken into consideration. This is a direct effect of people migrating abroad. However, the
current systems and regulations pose a risk to private international law in every nation. Addition-
ally, the jurisdictions that have accepted new legal institutions and rules must modify their rules on
disagreements, authority, and acceptance of relevant but separate international institutions and rules.
For modern institutions and norms to be effective, many of the private foreign law concepts now in
existence tend to be too restrictive. "The core of the national studies on the private international as-
pects of homosexual couples is the response of the private international laws of various jurisdictions
to new establishments like same-sex marriage, registered unions, and other forms of registration or
enforcement of same-sex cohabitation. Since the general attitudes of jurisdictions toward homosex-
ual couples and, in particular, the possibilities that jurisdictions provide for homosexuals to
legally formalise their relationship through, for example, marriage, registered union, or another type
of partnership, are likely to have an impact on the laws of private international law for same-sex
spouses.3 The main topic in this article will be challenges and issues of private international law re-
lated to same-sex marriages. The legal ramifications of unofficial cohabitation or the components of
same-sex relationships covered by private international law will not be taken into account.4 "The au-
thor has frequently taken into account what might be termed tactical aspects in a passionate dispute
that concerns the personal lives of many since this is not just an issue of substantive law, but one
that motivates her. It is difficult to overcome the fierce opposition that a loud portion of Indian soci-
ety has towards the LGBT5 community. This opposition, even though it is misguided, will be strong
in India where conservative and revivalist views have developed with fast modernisation and will
act as a barrier to liberal laws.6

The author uses below literature analysis-

Same-Sex Marriage: Refining The Conflict Of Laws Analysis By Linda Silberman
Cross-Border Same-Sex Relationships - Private International Law Aspects by Patrick R. Wautelet

DEFINITION

3 Martin George, “Private International Law Aspects of Homosexual Couples: The Netherlands Report”
4 Sunil Khilnani, The Idea of India, pp. 180 (2004)
5 LGBT is an acronym used as a collective term to refer to lesbians, gays, bisexuals, and transgender people. It is con-
sidered less controversial than the terms "queer" or "lesbigay stands for Lesbian Gay Bisexual Transgender.
6 Nayantara Ravichandran, Legal Recognition of Same-sex Relationships in India, Manupatra,
The word homosexuals literally means as ‘of the same sex, being a hybrid of the Greek prefix
homo-meaning ‘same’ and Latin root meaning ‘sex’.7 Homosexuality is a sexual orientation charac-
terised by sexual attraction or romantic love exclusively for people who are identified as being of
the same sex. People who are homosexual, particularly males are known as ‘gay’, gay females are
known as ‘lesbians’. That is homosexual marriages, sometimes referred to as gay marriage, indi-
cates a marriage between two persons of the same sex. 8

BACKGROUND

Marriage between individuals who share the same sex and/or gender identity is known as same-sex
marriage. For example, marriage between two males or two women.
Massachusetts became the first state in the US to allow same-sex unions in 2003, opening the door
for several other states to follow suit. The United States Supreme Court's ruling in Obergefell v.
Hodges in 2015 made same-sex marriage legal nationwide, including in the final 14 states that had
not previously permitted same-sex marriage. Over the course of the following ten years, a number
of additional states legalised same-sex marriage. The court's interpretation of the Due Process and
Equal Protection sections of the Fourteenth Amendment to the United States Constitution served as
the foundation for the ruling in this case.

HOMOSEXUALITY AND INDIAN SOCIETY

Homosexuals continue to be victims of violence in a variety of ways that are supported by the state
and society in India since there have been no such progressive developments towards social and le-
gal acceptance. Homosexuals in India have grown from a dispersed group of a few hundred to a
population that now numbers 10 crore and is expanding. Both online and offline, they are navigat-
ing their way from metropolitan centres to semi urban cultures. 9This number is steadily rising as
more and more of these individuals come out of the closet.
While the hubs of the Indian gay movement are Delhi and Mumbai , as well as to a lesser extent
Bangalore and Calcutta, people from smaller towns in Gujarat, Maharashtra, and Bihar are also
coming out.10 These homosexual persons from India are communicating in live chat rooms and are
finding their partners like rest. They are even travelling across cities to be with each other in person.

7 Older words for homosexuality, such as homophilia and inversion have fallen into disuse. Less frequently used terms
are queer, homo, fag or faggot and dyke.
8 Homosexual marriages are also known as gender-neutral marriage, equal marriage, and gay marriage.
9 www.haworthpress.com
10According to Shaleen Rakesh, Coordinator, Milan project, Naz Foundation, New Delhi
This demonstrates that homosexual relations are not unheard of in India, although they tend to be
more prevalent in the nation's major cities where individuals may be more forthright about their
sexual identity. There are many resources for the gay, lesbian, and transgender communities in a
number of cities and larger towns, including Karnataka, Delhi, Mumbai, Calcutta, Bangalore, Hy-
derabad, Pune, Chennai, Patna, Lucknow, Akola, Trichi, and Gulbarga. These resources include
help-lines, publications/newsletters, health resources, social spaces, and drop-in centres. 11 The gay
pride march has previously been held by the LGBT communities of Calcutta, Mumbai, and Banga-
lore.12 All of the aforementioned examples demonstrate how the LGBT population in India is
present and steadily raising its voice. 13

HOMOSEXUAL MARRIAGES: THE GLOBAL SCENARIO

Civil authorities take on various stances in response to the reality of homosexual unions. Sometimes
they only accept the phenomena, and other times they support legal recognition of such unions un-
der the guise of preventing discrimination against those who cohabit with someone of the same sex
with regard to certain rights. In other situations, they support legalising child adoption as well as
equating homosexual relations to what is legally known as marriage. As a result, more jurisdictions
have decriminalised homosexual practice. However, despite widespread criticism from individuals
and groups who think the laws are outdated and should be repealed, many jurisdictions have kept
their legislative bans on homosexual activities. However, there have been significant shift in how
homosexuality is perceived during the past century. Since 1974, homosexuality is no longer been
classified as a mental condition and is no longer regarded as aberrant behaviour. Since then, other
nations have decriminalised homosexuality. To safeguard the rights of homosexuals and lesbians, a
number of states throughout the world have passed anti-discrimination or equal opportunity laws
and regulations. Progress towards and prohibitions on same-sex marriage generated controversy
worldwide in the late 1990s and early 2000s. Six nations currently recognise same-sex unions on a
global scale: the Netherlands (2001), Belgium (2003), Canada (2005), Spain (2005), and South
Africa (2006). The American state of Massachusetts acknowledges same-sex unions as well (al-
though these marriages have no legal recognition at the federal level in the US).
There are civil unions and other types of legal recognition for same-sex couples in Croatia, Den-
mark, Finland, France, Germany, Iceland, Israel, New Zealand, Norway, Portugal, Slovenia, Swe-
den, Switzerland, and the United Kingdom. These arrangements offer most, if not all, of the rights
associated with a civil marriage. There are various rights and obligations for civil unions in certain
11 www.tribuneindia.com
12 findarticles.com/p/articles/
13 Arvind narain, Queer: Despised Sexuality, law and Social Change (Books for Change, 2004).
Australian regions and other American areas. Even gatherings like Mardi Gras in Sydney, Mid-
summa in Melbourne, Johannesburg's Gay and Lesbian Pride, Greece's Women's Celebration Week,
and Lisbon's Gay and Lesbian Film Festival capture the spirit of being homosexual. 14 As a result,
homosexual weddings are now accepted on a social and legal level in many nations throughout the
world.15 In contrast, over 70 nations, including India, consider homosexual acts as crime and is
punishable by death in Afghanistan, Mauritania, Iran, Nigeria, Pakistan, Saudi Arabia, Sudan,
United Arab Emirates, and Yemen, as well as by life in prison in Bangladesh, Bhutan, Guyana, In-
dia, Maldives, Nepal, Singapore, and Uganda. Thirty of these countries also deny homosexuals even
the most basic human rights.16 As a result, there are regional variations in how homosexuals are
viewed legally. For instance, gay relationships including anal sex are not prohibited in England be-
tween consenting individuals as long as they are 21 or older and behave privately. But these kinds
of openly sexual interactions between men are still forbidden in India. Additionally, the legal age of
consent varies by nation, being as young as 10 in Hungary and as old as 23 in Spain.

ISSUES & CHALLENGES OF SAME SEX MARRIAGES

There are three key reasons why homosexual conduct is currently a topic of legal and political dis-
cussion17:
(i) The liberalisation of the law (the Sexual Offences Act, 1967, as revised in 2000 in the UK, and
equivalent legislation in some other countries) has resulted in a shift in social views, and the stigma
associated with homosexuality has mostly vanished.
(ii) Lesbian and gay rights activism, particularly in the US, has become more radical, calling for an
end to all types of homophobic discrimination and even the legalisation of same-sex unions.
(iii) The development of HIV/AIDS, which has been mostly attributed to homosexual conduct be-
tween men in western nations, has sparked charges and denials, sometimes of a harsh kind, against
Spain, Belgium, the Netherlands, and Canada for permitting same-sex weddings.
Nine nations throughout the world have death penalties for same-sex crimes.
Same-sex marriage is currently allowed in India. Prior to 2009, Section 377 of the Penal Code of In-
dia made homosexual acts a crime. This made it unlawful for anybody to engage in voluntary sex-
ual activity in nature's natural order. Human Rights Watch has said that despite the rarity of prose-
cutions under this section—there were no convictions for gay acts in the twenty years before to
2009—the legislation was used to harass LGBT 18 groups, sex workers, men who have sex with
14 http://www.fsw.ucalgary.ca/ramsay/gay-lesbian-bisexual/3ta-south-asia-homosexuality.htm#India%20Films
15 Countries Where Homosexuality Is Legalised
16 According to a study by the Amnesty International
17 VidhanMaheshwari, “Same Sex Marriage: Is It The Time For Legal Recognition,”
18 supra 5
men, and HIV/AIDS prevention advocates. The group records the 2006 and 2001 arrests in Luc-
know of four persons each. The People Union for Civil Liberties has written two reports on the hu-
man rights abuses committed against transgender people in India.
In addition to the difficult legal environment, homosexuals also experience societal stigma. Same-
sex unions are still unimaginable since anyone who engages in sexual activity with another person
of the same sex is hated and despised. The Indian society has a deeply ingrained dowry system that
it seeks to safeguard by discouraging same-sex unions. It will be a major concern as to who would
give dowry to whom if both parties are male or female. Additionally, same-sex relationships are
seen as unnatural or going against the natural order of things. The legal system as it relates to inter-
personal relationships in India is influenced by the society's strong traditionalism. Any type of inti-
macy is not considered acceptable unless it is legalised through marriage, which allows for socially
acceptable sexual access.
Our nation's social structure is founded on religion, and procreation is seen as a must for carrying
out numerous religious rituals. Additionally, because our culture places a strong emphasis on com-
munity and discourages individuality, any manifestation of homosexuality is viewed as a move
away from tradition and in favour of individualism, endangering the stability of Indian society. Ac-
cording to others, the idea of a conventional family would be destroyed if homosexual weddings are
recognised, and the sanctity of marriage will no longer exist. It is important to remember that Indian
society is patriarchal, and the fact that some women and men choose alternative choices from the
"order" makes them feel somewhat threatened.

SCOPE OF INTERNATIONAL APPLICATION OF LAWS

Jurisdictions where same-sex marriage is allowed, where a marriage-like registered partnership or

another type of registry of same-sex relationships with significant legal ramifications has been en-
acted, the territorial extent of implementation of the legislation in concern must be specified. “
Which individuals are permitted to enter into certain same-sex partnerships, to legally recognise
their union, or to otherwise legalise their connection in accordance with the new laws? Which legal
framework governs the question of whether the persons involved concur on the key terms of mar-
riage, the signing of a registered union, or the formalisation of their same-sex relationship? Do the
parties involved also require a favourable relationship with the jurisdiction in terms of nationality,
domicile, or (habitual) residency? Do the parties involved also require a favourable relationship
with the relevant jurisdiction in terms of nationality, domicile, or (habitual) residency?”
According to the Swedish study (by Bogdan), "it is very difficult to apply conflict rules which are
identical to the standard conflict of law rules relating to marriages in relation to such partnerships,
as those rules also relate to nonexistent substantive rules in foreign countries." This is because most
legal systems do not actually have any substantive rules relating to registered partnerships. Addi-
tionally, it is probable that a number of foreign nations may refuse to recognise and give full effect
to registered alliances. This entails the creation of certain norms of private international law (such
as conflict and jurisdiction rules), which must account for the distinctive and possibly hostile re-
sponses that registered partnerships may encounter overseas.19
The Belgian and Swedish research show that ratione personae can govern the right to form a same-
sex union or a registered partnership in two different ways. First of all, a number of people may not
be permitted to enter into a marriage or registered partnership of the same sex on the grounds that
foreign law does not apply when the dispute laws relating to the substantive conditions relate to the
applicability of foreign law, in particular to the lex personalis (i.e., lex nationalis or lex domicilii) of
the parties involved. Conflict rules, which are nearly identical to the conflict criteria used to assess
whether people may enter into traditional marriage, may be used to decide whether people can enter
into same-sex marriage or registered partnerships, or to otherwise legalise them. "For instance, it is
conceivable to extend Article 3 of the 1978 Hague Convention on the Celebration and Acknowl-
edgement of the Validity of Marriages in those nations that are party to that Convention. Article
3(1), which refers to the lex loci celebrationis, already includes some elements that guarantee that
an acceptable relationship with the locus celebrationis exists (at least one party must have the na-
tionality of that country or its habitual residence there), in order to address the question of whether
the parties concerned comply with the substantive criteria.”
Now is the right time, “Additional measures are unnecessary to prevent same-sex marriage tourism
or tourism with registration.” In recent years, several countries have legalised same-sex marriages
or registered partnerships. Due to the increased likelihood that these unions would be acknowledged
worldwide, there will be less demand for wedding or registration tourism.20

LEGAL STATUS OF HOMOSEXUALS IN INDIA

Homosexuality is covered by Section 37721of the Indian Penal Code (1860), which deals with un-
natural offences. This law concerning homosexuality was imported to India from the 19th-century
British criminal code. Section 377 states:
19 supra 3
20 Cote-White-care and others v. Department of Public Health
21 This section (377) is mostly been used to register cases on the child sexual abuse, since the rape laws do not have
scope to include male rape. On the other hand 'Against the order of nature' is broad enough to include sexual abuse of
male children.
 “Whoever voluntarily has carnal intercourse against the order of nature with any man,
woman or animal, shall be punished with imprisonment for life, or with imprisonment of ei-
ther description for a term which may extend to ten years and shall also be liable to fine.”
Similar to section 292, which deals with obscenity, this provision has plenty of room to include ho-
mosexuality.
Gay males are also subject to “section 294 of the Indian Penal Code,” which is used to punish any
form of "obscene behaviour in public."
It is crucial to note that in England, where this legislation originated, homosexuality between will-
ing couples is no longer a crime under the Sexual Offenders Act of 1967, however in India, consent
is largely irrelevant for committing the offence as it is stated in this provision.22
So, in India, “Section 377" is largely responsible for outlining and defining unnatural offences. 23
This clause makes homosexuality punishable by life sentence or imprisonment for ten years with
fine.
Another approach is to try to amend the “Special Marriage Act of 1954” to permit homosexual wed-
dings in order to avoid moral objections from being raised. A non-religious law called the Special
Marriage Act makes it simple to wed people of different religions or those who don't want their
laws to be upheld. The registration official confirms the connection rather than performing a reli-
gious rite. The Special Marriage Act now stipulates that males must be 21 years old and women
must be 18 years old, making it appear that it solely applies to heterosexual couples.
The Special Marriage Act makes it simple to accept same-sex unions.Only Section 4(c) has to be
changed in order to make homosexual marriage explicitly lawful and to allow people to be married
at age 21 for men and 18 for women. Section 4 just needs to be changed (c). Even if parts of per-
sonal law were changed to accept same-sex partnerships, the Special Marriage Act should be
changed in each case to offer the same sanction to unions between members of different religious
traditions.
The suggested changes would undoubtedly face strong opposition even though they are straightfor-
ward to understand and don't seem to hinder religious liberty. The Special Marriage Act would have
been similar to laws that have been implemented in many other countries to recognise same-sex
unions. 25 nations have so far enacted these restrictions, starting with the Netherlands in 2000 and
ending with the United Kingdom and the United States in 2015.

ACTIVISTS MOVEMENT

22http://www.delhihighcourt.nic.in/library/articles
23 Abhayusu, Issues And Challenges Of Same Sex Marriages In India, 2017, IPleaders,
Activists for gay rights have been fighting Section 377 for ten years. Lesbian and LGBT organisa-
tions petitioned the Delhi High Court in 1994 to strike down the statute. The lawsuit has been ongo-
ing for five years and has sparked a lot of controversy.24
Even Stree Sangam representatives gave a presentation on domestic partnership regulations in 1996
at a government conference on marriage and family law. In a letter to the homosexual magazine
Trikone, the organisation claimed that it was "perhaps the first time that a lesbian/gay group [at-
tempted] to shape public opinion on the problems in such a venue."25
“Indian National Gay Conference YAARIAN -99,” the second national LGBT conference, was held
in February 1999.
Similar to how the assaults on the movies "Fire" and "Girlfriend" prompted other groups to launch
the struggle for lesbian rights.26 In their appeal, the non-profit group stated that it is unjust for ho-
mosexuality to be a crime in India in the twenty-first century. 27 However, the Naaz Foundation
Trust in New Delhi has filed the most current legal contention. 28 On December 7th, 2001, Naaz In-
dia submitted a writ suit to the Delhi High Court contesting Section 377 on the grounds that in-
clude:
“Section 377 violates the right to life and personal liberty, the right to equality and the right
to freedom guaranteed to all citizens as Fundamental Rights under Chapter III of our Consti-
tution.” 29
Other gay and lesbian organisations, such as “Hamsafar of Mumbai and Sahayathrika of Kerala,”
are also bringing LGBT concerns to the public's attention.

DISSOLUTION OF SAME-SEX MARRIAGES

Regarding the laws of the jurisdiction that may be applied to dissolve all same-sex marriages and
registered partnerships—laws that are, in principle, the same rules of jurisdiction—it is extremely
alluring to discuss some nations. This plan also fundamentally assumes that the European Court of
Justice would rule that at least the dissolution of same-sex marriages is beyond the purview of the
Brussels IIbis statute, which would benefit the Member States of the European Union. However, it
is important to keep in mind that, because they do not recognise same-sex relationships, foreign

24 Urvashi Vaid ‘Building bridges: thoughts on Identity and South Asian G/L/B/T Organizing’ Trikone Magazine,
Tenth Anniversary Issue, 1996
25 www.trikone.org
26 http://www.umiacs.umd.edu
27 Naaz Foundation Trust, New Delhi.
28 A group dedicated to halting the spread of HIV and AIDS in India, where about 7 million people are believed to be
infected.
29 Although the high court in Delhi has dismissed the legal petition that sought to legalise homosexuality. The court
ruled that the "validity of a law" cannot be challenged by anyone who is "not affected by it".
courts will not recognise such a separation. In light of this, the study of Curry-Sumner emphasises
the significance of forum necessitatis. If no judge acknowledges jurisdiction to act on a divorce ap-
plication, the courts of the forum locus registrationis —the place where the same-sex marriage has
been contracted—may have jurisdiction.
The same holds true, mutatis mutandis, in the case of a divorce.
"Giving the courts of that nation extra authority as opposed to a residual jurisdiction alone may be
convenient if a spouse or married partner wishing to dissolve their marriage or registered partner-
ship is to be encouraged. In effect, the same regulations that govern the acceptance of divorces per-
taining to heterosexual marriages may also apply to the recognition of foreign judgements related to
the termination of same-sex marriages and registered unions. The conflict rules that define the law
that applies to divorce shouldn't be identical to the conflict rules on divorce pertaining to conven-
tional partnerships, but they should at least permit a preference of law in favour of lex loci celebra-
tionis and lex loci registrationis, in line with this.”

CONCLUSION

The introduction of marriage-like institutions like civil unions and registered partnerships since
1979 and the opening of civil marriage to same-sex couples since 2001 are both noteworthy devel-
opments in the field of family law. They provide a fresh perspective on same-sex unions in many
different jurisdictions. They also pose a danger to international private law as they struggle with
these new institutions and the updated definition of "marriage."
"The national reports give us an outstanding list of international private law problems relating to
same-sex relationships, registered partnerships, civil unions, and other same-sex relationship regis-
tration. The creation of same-sex marriage, a registered partnership, or other types of the registra-
tion are considered, but also the dissolution of these partnerships, the criteria for accepting relation-
ships created overseas, and last but not least, the potential repercussions of recognition are dis-
cussed. It can be exceedingly challenging to answer questions about potential legal repercussions in
the future since the range of impacts is so wide.”
At least with regard to those jurisdictions who are willing to accept international same-sex mar-
riages, registered unions, and other sorts of formalisation of same-sex relationships at any stage, it is
crucial to provide an uniform answer to these difficulties of private international law.
An overwhelming amount of possibilities may currently be seen when looking at the national news-
paper on specific towns that have embraced same-sex marriages, licensed partnerships, or other as-
pects of formalising gay relationships.
It is interesting that, on the other hand, some jurisdictions hold the view that same-sex marriages,
legal unions, and other formalisations of same-sex relationships are in conflict with their country's
international public order in all circumstances, except when their authority is faced only as an inci-
dental concern with these institutions, i.e., it is unsure if such a complete rejection, in an increasing
number of other countries is reasonable and equitable to the legitimate interests of the parties and
any parties involved in the field of family law.
According to the Indian Context - Hence taking into consideration the present Indian societal matrix
and the emerging conflict in the institution of marriage – the demand for legalising homosexual
marriage is somehow overlooked and ignored. But in the near future, the stereotyped view of mar-
riage in society as a heterosexual institution linked to procreation and childrearing might also in-
clude gay unions, in which the love between the partners will take precedence over the gender could
also include such unions. If this is the case, failing to recognise how society and the family are
changing will have a negative net effect. Despite the fact that this won't happen for a while. But not-
withstanding, there is undeniably a new battle emerging within the institutions of marriage, family,
and law as a result of the demand for legalising homosexual weddings. Giving social and legal ac-
ceptance, however, is more difficult in this traditional community than it has been in western na-
tions. Nevertheless, it would be shortsighted and even disastrous to overlook this rising tension in
the institution of family and marriage.
Therefore, it is past time for the Legislature, Executive, Judiciary, and Society at Large to stop dis-
paraging those who have same-sex attractions. They must also understand that by legalising gay re-
lationships, they would not only allow for sexual conduct but also remove criminal sanctions from
persons whose lives are associated with such acts. Finally, if laws are meant to represent socially
acceptable dos and don'ts, then a shift in perspective is urgently needed. If not, regular people will
continue to endure inhumane exploitation just because nature has fed their desire to stand out.