This is reproduced from my blog (see: http://www.gotejas.com).
In the landmark decision Obergefell v. Hodges, the Supreme Court of the United States ruled that it was unconstitutional to impose restrictions on same-sex marriages. Yet it seems that — with such a conservative social attitude — India will never achieve such an objective. Most people don’t know much, or care, about the rights of same-sex couples. With this post, I’m going to try to change that, and to destroy the homophobia inherent within Indian society.
Same-sex marriages are not recognized in India. The matter of SSMs is a complicated one, because it’s very tough to determine whether — or not — SSMs are constitutional. The Indian Constitution defines marriage as a civil partnership between two people that gives socioeconomic benefits. There is no explicit allowance or rejection of same-sex couples. However, most legal experts agree that it is implicitly rejected. The laws have “heteronormative underpinnings,” and have been interpreted to not accept same-sex unions. It doesn’t seem like the future is going to be positive for same-sex couples either. When Mr. Shashi Tharoor tried to introduce a bill in favor of recognition, it was struck down in Parliament.
And India’s attitude towards same-sex marriage is also hardly positive. There’s very little knowledge from anyone on the issue, and Indian society is scattered with homophobia. Most Indians are uncomfortable talking about the issue, and conservatives take this as acceptance of their homophobic position. People are often opposed to SSM because of religious reasons. Multiple religious leaders have expressed their opposition to SSM. Religious organizations and leaders all stood against such unions. The Daily News and Analysis called it “the univocal unity of religious leaders in expressing their homophobic attitude. Usually divisive and almost always seen tearing down each other’s religious beliefs, leaders across sections came forward in decrying homosexuality and expressing their solidarity with the judgment.”
But there are multiple reasons to disagree with the position that same-sex marriage should be illegal. There’s no rational reason to ban same-sex unions at all. India’s laws against same-sex couples have no proper rationale. Every restriction on civil liberties has to be properly justified, else it certainly is discrimination. The Constitution guarantess “equality” as a fundamental right. And treating same-sex couples differently from opposite-sex couples infringes on this equality.
People should be held accountable only for their actions, and their choices. We all have choices to make, and our choices define our worth. Not allowing same-sex marriage restricts the ability to substantiate equality. Legalizing SSMs allows for the recognition of true love in all its forms. Not allowing this causes psychological distress and creates mental health disparities due to lack of recognition. Research shows,
“Psychological distress is lower among lesbian, gay and bisexual individuals who are legally married to a person of the same sex, compared with those not in legally recognized unions. [A] study . . . published in the American Journal of Public Health also has implications for understanding mental health disparities based on sexual orientation: There were no statistically significant differences in psychological distress between heterosexuals, and lesbian, gay, and bisexual persons in any type of legally recognized same-sex relationship. A large body of research has shown that lesbian, gay and bisexual people generally experience higher distress levels than heterosexuals due to social exclusion, stigma and other stressors. Research also shows that, on average, married heterosexuals experience better mental health outcomes than their unmarried counterparts. Since most lesbian, gay, and bisexual people are denied the opportunity to legally marry a same-sex partner, they are potentially denied the positive emotional benefits of the institution of marriage.”
John Stuart Mill, the famed utilitarian philosophy, held that — in what he termed the “harm principle” — the only purpose for which control can be exercised over someone is to prevent harm. Not following those conditions infringes on individual liberty. Therefore, governments ought to legislate using the harm principle. If they don’t, bans on using utensils to eat or singing songs could be justified — leading only to the dictatorships that challenge the principle of democracy on which India is built.
There are no real harms to same-sex marriage. All the arguments raised against it are easily refuted. I’ll try to address some of those below.
First, many people argue that homosexual feelings are “unnatural,” and therefore it should be illegal. Most importantly, this logic is bad. Just because something is unnatural doesn’t mean it should be illegal. Computers, televisions, and the progress of technology is unnatural. They aren legal. Let me phrase this in reductio ad absurdum form:
A. Anything that is unnatural is illegal under Indian law, therefore so should SSMs (assumption)
1: Computers are legal under Indian law
2: Televisions are legal under Indian law
3: Anything that is unnatural is illegal (follows from A)
4: Computers and televisions are unnatural (since they are man-made)
C. 3 contradicts 1,2,4, therefore A is false
Furthermore, being gay is not unnatural. Epi-marks, the genetic switches that regulate how genes express themselves, trigger such attraction. The superachasmiatic nucleus of a homosexual is twice the size of that of a heterosexual. Homosexual attraction has also been observed in non-human species.
Second, there is a common philosophical objection to same-sex marriages that suggests that legalizing such a form of marriage corrupts the definition of marriage — setting a precedent to legalize polygamy, child marriage, et cetera. But that is a “slippery slope” — there is no reason to believe such an impact results or such a precedent is set.
If the government justifies the legalization with the harm principle, the only precedent set is to legislate based on it. Thus, since child marriage and polygamy can bring harm, this precedent will only encourage their ban.
Some people also claim that same-sex parents aren’t as good as opposite-sex parents. That is objectively false. The majority of scientificresearch has consistently shown that gay parenting is, on balance, a positive for children. Children raised by same-sex couples are psychologically and socially as well-adjusted as those raised by heterosexual couples. The only reliable study that suggested that same-sex couples have worse parenting is one by the NFSS, led by sociologist Mark Regnerus, that suggested children adopted by same-sex couples had some psycological harm. But that study has been thoroughly refuted for all these reasons.
The study by Regnerus focuses on children who watched short, unsuccessful, non-comittal relationships between their parents, so the impacts are similar to those children raised by divorced couples. Regnerus concedes that only two same-sex couples in his study had committed relationships, and in both cases, the children were raised as well as a committed heterosexual relationship. Gay parents, like any other adoptive parents, choose parenthood — so they are arguably better than biological parents, who have kids by accident. They actually really want to be parents. Outside of the two exceptions mentioned above, all the other same-sex couples in Regnerus’s study were adopted after birth and a year or so in foster care. The foster care system is quite bad in the locations which the study in question concerned, and, as such, the children were already affected by foster care. Furthermore, the vast majority of research contradicts Regnerus’s study, and the scientific consensus is against that position.
There’s no reason to be against same-sex marriage. And every reason to be for it. India should embrace #MarriageEquality.