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“In the unification of two minds, orientation of sexuality is irrelevant.”
― Abhijit Naskar, Neuroscientist

“Same sex marriage is not an expression of human right but human wrong”

Same-sex marriage, also known as gay marriage, is a legally recognized union between two individuals of the same sex, typically allowing them to enjoy the; same legal benefits and protections as opposite-sex couples. Same-sex marriage is a controversial issue that; has been the subject of heated debate for many years. In this article, we will explore the history of same-sex marriage, the laws related to it, and its impact on society.

History of Same-Sex Marriage:

The idea of same-sex marriage is not new, and evidence of same-sex relationships can be found throughout history. However, it wasn’t until the 20th century that same-sex marriage began to gain recognition as a legal and social issue.

The first country to legalize same-sex marriage was the Netherlands in 2001. Since then, many countries have followed suit, including Canada, Spain, Belgium, Norway, Sweden, Portugal, Iceland, Denmark, France, the United Kingdom, New Zealand, and several others.

In the United States, same-sex marriage was not recognized at the federal level until 2015 when the Supreme Court ruled that same-sex couples have the right to marry in all 50 states. Before this ruling, individual states had the right to decide whether to legalize same-sex marriage or not.

Laws Related to Same-Sex Marriage in other countries :-

There are several laws related to same-sex marriage around the world. In some countries, same-sex marriage is fully recognized and legal, while in others it is only partially recognized or not recognized at all. Some of the most notable laws related to same-sex marriage are as follows

  1. The Marriage (Same Sex Couples) Act 2013 (UK)

The Marriage (Same Sex Couples) Act 2013 was passed in the United Kingdom, allowing same-sex couples to get married in England and Wales. The law came into effect on 29 March 2014. The law allowed same-sex couples to enter into a civil marriage, giving them the same rights and responsibilities as heterosexual couples.

  1. Obergefell v. Hodges (USA)

Obergefell v. Hodges was a landmark case in the United States that led to the legalization of same-sex marriage across the country. The case  brought to the Supreme Court by several same-sex couples who were denied marriage licenses in their states. In June 2015, the Supreme Court ruled that; same-sex couples had the right to get married under; the Fourteenth Amendment of the United States Constitution.

  1. Civil Partnership Act 2004 (UK)

The Civil Partnership Act 2004 , passed in the United Kingdom, allowing same-sex couples to enter into a civil partnership. The law came into effect on 5 December 2005. Civil partnerships gave same-sex couples many of the same legal rights as married couples, but did not allow them; to use the term “marriage”.

  1. Law on Marriage and Family (Vietnam)

In 2015, Vietnam passed a law allowing same-sex couples to register for marriage. However, the law did not go into effect until 1 January 2017. Same-sex marriage is still not widely accepted in Vietnam, and many people face discrimination and stigma because of their sexual orientation.

  1. Same-Sex Marriage Prohibition Act (Nigeria)

In 2014, Nigeria passed the Same-Sex Marriage Prohibition Act, which criminalized same-sex marriage and made it punishable by up to 14 years in prison. The law also made it illegal for people to advocate for or support same-sex relationships in any way. The law criticized by human rights organizations and activists around the world.

6. United States:

In 2015, the US Supreme Court ruled that same-sex couples have the constitutional right to marry, making same-sex marriage legal in all 50 states.

7.Canada:

Same-sex marriage has been legal in Canada since 2005, when the Canadian government passed the Civil Marriage Act.

8.United Kingdom:

Same-sex marriage legal in the UK since 2014, when the Marriage (Same Sex Couples) Act  passed.

9.Australia:

Same-sex marriage became legal in Australia in 2017, after a national postal survey found that a majority of Australians supported legalizing same-sex marriage.

10 Germany:

Same-sex marriage became legal in Germany in 2017, after the German parliament passed a bill legalizing it.

11.Russia:

Same-sex marriage is illegal in Russia. The country has some of the most restrictive laws against LGBTQ+ individuals in the world.

12.Saudi Arabia: Same-sex marriage is illegal in Saudi Arabia, and homosexuality is punishable by death.

Same sex marriage status in India

Same-sex marriage is currently not legal in India. In fact, homosexuality  only decriminalized in the country in 2018, when the Indian Supreme Court struck down a colonial-era law that criminalized consensual homosexual acts. While this was a significant step forward for the LGBTQ+ community in India; same-sex marriage is still not recognized under Indian law.

There have been some efforts to legalize same-sex marriage in India, with petitions filed in the Delhi High Court and the Supreme Court, but as of now, there has been no significant progress towards legalizing same-sex marriage.

It’s worth noting that same-sex couples in India can still enter into civil unions, which provide some legal recognition and protection, but these unions do not confer the same rights and benefits as marriage does.

Impact of Same-Sex Marriage:

The legalization of same-sex marriage has had a significant impact on society. Here are some of the ways in which it has affected society:

  1. Increased acceptance of LGBTQ+ individuals: The legalization of same-sex marriage has led to increased acceptance of LGBTQ+ individuals in society. This has helped to reduce discrimination and prejudice against the LGBTQ+ community.
  2. Improved mental health: Studies have shown that the legalization of same-sex marriage has led to improved mental health among LGBTQ+ individuals. This is because it has reduced the stigma associated with being LGBTQ+.
  3. Economic benefits: Same-sex marriage has also had economic benefits. Same-sex couples can now enjoy the same tax benefits and inheritance rights as opposite-sex couples. This has also led to increased spending by same-sex couples, which has boosted the economy.
  4. Religious objections: There are some religious groups that object to same-sex marriage on religious grounds. This has led to controversy and tension between religious groups and LGBTQ+ individuals.

Conclusion:

In conclusion, same-sex marriage is a controversial issue that has been the subject of much debate. While many countries and states have legalized same-sex marriage.

 

Written by Divya Yadav

FINAL YEAR LAW STUDENT

Indira Gandhi University, Meerpur

 

 

 

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