The Role of Law in Changing Perspectives towards Homosexuality “If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of Inclusiveness. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. Those perceived by the majority as deviants or different are not on that score excluded or ostracised.”59
With this ratio, the Delhi High Court on 2nd July, 2009 legalized consensual sexual intercourse between persons of the same sex by amending section 377 of the Indian Penal Code60 to exclude these acts. The underlying principle was that of inclusivity and inconclusive proof as to the harm that might
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The Naz Foundation was declared to have the potential to be a case whose name would conjure up in the history of a particular struggle, celebrate the victory of a moment and inaugurate new hopes for the future.68 It proved that public morality and majority opinion must be subservient to constitutional morality and protection of citizens. It gave the gay community self confidence, knowing that their identity wasn’t an illegality. The Constitution had protected them from harassment and assault; the perpetual element of criminality and fear was gone from their lives.
Not everyone, however, took the decision in the same stride. Press statements were released calling it an attempt to break the ‘social fabric’69, diminish our rich culture and family values70, and a curable mental illness.71 15 Special Leave Petitions were filed in the Supreme Court against the judgment. This showed that despite the law accepting their sexuality, attitudes in society were still a long way from tolerance, if not acceptance.
Our belief in a set culture and tradition is so thoroughly embedded, that change towards betterment is in a perpetual duel with narrow interpretations of this defined ‘culture’. Jawaharlal Nehru once said that Culture is the widening of the mind and of the spirit. It is never a narrowing of the mind or a restriction of the human spirit or of the country’s spirit.72 It is this open mindedness that we lack.
Four years later, changes have been noticed. Sexual
“I am well aware, that I speak of a country containing congeries of races, religions and languages, and I know well the difficulties thereby created but these difficulties can only be overcome by the Indians. We are mindful of the rights of the minority. On the other hand, we cannot allow a minority to place a veto on the advance of majority”
Culture is one of the most relevant elements that can define not only a society but also a country’s cumulative beliefs and system. Often noted as the origins of a country, culture is definitive in the sense that it harbors all the elements that can provide justification on the traditions and norms set by the society for its members. More often than not, the society members follow norms in order to create a harmonious community, and the beliefs and the traditions serve as the poles or grounding rules for each member to follow. Culture is very dynamic in the way that it can change over a variety of foreign influences but what is permanent about it is that original elements about it often lingers with the influences, therefore making it multi-faceted and broad. More importantly, culture serves as an individual and unique trait each society has, and therefore sets it apart from other countries and other societies.
In our society today, culture is not what it used to be hundreds of years ago. There is no more “pure” culture. Our culture today is enriched with many different traditions and customs that are being shared and adopted. Due to emigration and immigration, a variety of diverse customs, beliefs, and knowledge moved with every exiting and entering human being. Thus, changing and shaping the culture of many. Throughout the world, the beliefs and religious views of culture are dissimilar around the world. By taking the time to read, listen and learn about certain people’s culture, there will be knowledge and understanding that will be gained.
Since the inception of human civilization there have been countless cultures and societies which have helped shape the current world today as we know it. The modern human race dates back more than 200,000 years and in that time frame many cultures have risen to great virtue and success only to deteriorate or cease to exist altogether. First before examining one of these cultures we must know what culture truly means. The Army’s Training and Doctrine Command (TRADOC) Culture Center defines culture as a “dynamic social system,” containing the beliefs, behaviors, values and norms of a “specific organization, group, society or other collectivity” learned, shared, internalized, and changeable by all members of the society (Watson, 2010). In
For Australian law to be effective it must be dynamic so it can reflect changing societal views, which law reform can help attain. A significant area of recent social change is the acceptance of same-sex relationships in Australian society. To mirror this, current law reforms have been somewhat effective in achieving just outcomes regarding the recognition of same-sex relationships in Commonwealth law. The combination of official recognition of same-sex relationships to an extent, attempts at removing discrimination in legislation, and the delay of justice denotes this. Considering the achievement of justice and the protection of individual’s rights, it is evident that law reform has significantly improved recognition of same-sex relationships, but there are more essential responses that need to be enacted.
The discrimination against sexual orientation is protected under the analogous ground of s.15 (1) of Charter. In this case, an Act created a distinction on the analogous ground against gays, lesbians and other disadvantage groups and resulted in disadvantage. The s.15 (1) of Charter guarantee equal protection and benefits before and under the law without discrimination but in this case the human right law did not equally benefited or protected the gays and lesbians. Furthermore, if there is any law that discriminate some individuals or groups of people, the equality rights protects them from that discrimination. For instance, without the equality rights, people like Vriend would not have received equal treatment. It is also relevant because the SCC had set the precedents for lower courts and decision prevent further discrimination against
On June 26, 2015, the U.S. Supreme Court removed the ban on same-sex marriage nationwide. On July 15, 2015, Kenneth Jost published an article named “Will there be more gains after marriage ruling?” In this article, Jost discusses the viewpoints of the general public and argues that there may still be a struggle to gain full rights and respect for lesbian, gay, bi-sexual, and transgender (LGBT) people. The article covers the reaction of the public on June 26, along with politicians stand-points on the subject, and the Caitlyn Jenner controversy. Jost’s main argument is that LGBT people are not being protected by the government, even though they have gained the right to marry.
The legislative landmark was preceded by the 2009 addition of sexual orientation to hate crimes
Although one’s culture is based on their experiences they have had, it is also based on values of family and education that help shape one’s opinion and view.
In as much freedom for expression and belief I essential for every citizen within a state, it is critical to ensure that the general conduct of the citizens is right and also very ethical. Homosexual behavior is not proper, and it affects the morals and conducts of a nation. It destroys the rapport of the society. This is a destruction of the law of nature that is even against the religious beliefs and the general culture of any nation (Hermann, 2016). It is essential to give the citizens the right that they deserve. However, it is important to ensure that freedom never exploited to the extent that it corrupts morals and good conduct. I support the Texas ruling that demands it unlawful for two people of the same sex to engage in the intimate sexual conduct. It is right to say that individuals make offense when engaging in sexual intercourse with an individual of the same sex. The prohibition of gay and lesbianism is not a denial of liberty for the citizens (Goldberg
Lewin was the first widely publicized court case that changed the conversation surrounding queer couples.[footnoteRef:50] Baehr v. Lewin was a lawsuit in which three same-sex couples argued that Hawaii's prohibition (enacted after the passage of The Defense of Marriage Act) of same-sex marriage violated the state constitution. Although it was a case regarding legal action, it expanded on claims surrounding the institutions marriage (including the legality of non-procreative relationships). It questioned not only if queer relationships are legitimate, but led to public recognition to the commitment of the three couples involved. In most discussions of Baehr v. Lewin, one couple was referenced as a couple of “thirty some years”, giving it not only legitimacy, but a relatability that most queer cases didn’t have previous to the Baehr case.[footnoteRef:51] [50: Clark, Andrew. 2011. "Falling through the Cracks: Queer Theory, Same-Sex Marriage, Lawrence v Texas, and Liminal Bodies. “Disclosure no. 20: 24-43. Academic Search Premier, EBSCOhost (accessed March 23, 2016).] [51:
The law regulating same-sex marriages continues to change, in order to better reflect the community 's opinions and expectations. Within the last decade, Australia has seen substantial changes in the legal recognition of same-sex relationships. This increase in legal recognition is primarily aimed at removal of institutionalized discrimination, as well as providing adequate legal protection of same-sex couples has arisen due to the wide spread changes of opinions about same-sex relationships within society.
Several factors affect the formation of one’s culture, Palispis, E. (2007) quoted Sir Edward Tylor, “Culture… refers to that complex whole which includes knowledge, beliefs, arts, morals, law, custom, and any other capabilities and habits acquired by man as member of society.” (Palispis, E., 2007) In this context culture is something we acquire from the people we have lived with since we were born, it is not something a person can learn overnight nor can be disposed effortlessly.
Professor Johnson’s lecture sparked conversation about whether or not the Supreme Court ruling accomplished enough for the LGBT community. At the time, I was unaware of how the ruling could be something that wasn’t an all-around win for the community, but after being introduced to queer politics
As such, firsthand approach to Indian tradition is lacking at large, and the idea of tradition being through the media of interpretative tradition has engendered the danger of a distorted view of tradition. The distortion often swings between two extremes – either in viewing tradition as Everything, or as Nothing.