Three stages have been the focus of LGBTQI+ rights campaigns worldwide: repealing sodomy laws, promoting equality, including marriage rights, and aiming to eradicate discrimination. The LGBTQI+ movement in the US has advanced to the third stage as a result of the Supreme Court’s ruling in Obergefell v. Hodges (2015), however it is still in the second stage in India.
As a result of its ruling in the Navtej Johar v. UOI case in 2018, the Supreme Court of India declared homosexuality to be not a crime in India. But it takes more than just changing the law to read down Section 377 to embrace homosexuality as a fundamental aspect of personal sexuality and remove it from the group of perverse sexualities. The difficulty of influencing social morals extends beyond legal disputes.
Source: India Today
What should be done to respect and embrace same-sex relationships in families and society? Who is responsible for giving same-sex relationships legitimacy?
Unfortunately, heterosexuality and marriage are sometimes conflated, whereas homosexuality is frequently connected to promiscuity. However, how does one appeal to these individuals in positions of power and their anti-LGBTQI+ narratives? What remains true when equality and equal protection constitutional defenses fall short?
Sexuality can be seen as the result of the interaction of biological, natural, and social forces that work to help a person attain their own sense of autonomy. Personal autonomy is naturally desirable and can be obtained in two ways: first, by not having State compulsion or paternalism, such as Section 377; and second, by having a variety of respectable options, such as the freedom to be married.
Every person’s body and psyche are rooted in sexuality as a biological force, typically manifesting as sex drive. In this area of personal autonomy, people strive to determine their own fate through free choices including picking a friend, engaging in sexual activity with a partner, ending the relationship or formalizing it through marriage, and deciding whether or not to have children. Marriage grants people the legitimacy and respect they need to satisfy this biological urge.
Source: Jist
The language of universal and normal, which is ever-evolving and actually drawn from dominating practices prevalent in a specific era, serves as the foundation for sexuality as a natural force. For instance, in India, love marriage gradually supplanted arranged marriage. Newspaper matrimonial ads have fallen off. Initially mocked, online dating is now commonly accepted. More young people are also deciding not to get married and to stay single.
Sexuality is a social force that results from the intricate interaction of previous cultural and social norms that have shaped and conditioned us. Marriage is the highest form of human interaction across all cultures and civilizations because it legitimizes and affirms a couple’s love, mutual closeness, and commitment. It helps people become more civilized and prevents frequent breakups. It offers protection from frequent splits and serves as a barrier. Instead of passing flings, it gives couples common goals to work towards. Additionally, it aids in integrating LGBTQI+ people into their families and households.
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