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Same Sex Marriage Essay: Discussing the Legal and Social Perspectives

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Introduction

The same-sex marriage has sparked both emotional and political clashes between supporters and opponents for years. Although it has been regulated through law and religion in many countries around the world, legal and social responses often range from celebration to criminalisation of the pair.


Essay No - 1


Marriage Equality – Importance of Same Sex Union

Back in 2018, the Supreme Court of India passed a watershed judgement that was ordained to go down the archives of the country’s history. In spite of the majoritarian prejudices prevalent in India directed towards the LGBT community, the apex court revoked the draconian and out-dated Section 377 of the Indian Penal Code. 


This Section, in typically vague and diplomatic terms, belittled homosexuality and criminalised intercourse that goes against the “laws of nature”. It was incorporated into the Indian Penal Code under the British Raj in 1861, and it took the Indian judiciary system 70 years since independence, to abrogate the law and decriminalise homosexuality. 


Nonetheless, the landmark decision was met with euphoria from its proponents, especially the activists who fought for the cause for more than a decade, wrangling with society and courts to attain equality in the eyes of the law. Even though a marriage equality essay is far from sight in a time when it is legal to marry the person one loves irrespective of their gender identity or sex, the decision by Supreme Court portends its occurrence. 


Equality in Marriage

Equality in marriage is an idea, which propagates that all marriages notwithstanding whether it is a Sapphic marriage or gay marriage or heterogeneous matrimony are equal and should enjoy similar rights and status in society.


Unfortunately, our society’s construct is such that we grow up with the idea that only a man and woman can be bound in matrimony. And while doing so, we overlook the multitudes of individuals that associate with different sexual preferences and gender identities. 


While the western world marches toward inclusive societies, where individuals are treated as equals irrespective of their sexuality or gender, we still are in the embryonic stages towards such acceptance. 


If one searches for same-sex marriage essay or statistics, one will find that support for marriage equality in countries like the USA hovers above 60%, a data presented by Pew Research Center. And if one were to rummage through the same statistics for India, it is a dismal 18%, according to a poll by Mood of the Nation (MOTN) in 2019.


Importance of Same-Sex Marriage

Because no change is appreciated until it contributes to the betterment of society in one way or another, proponents of an inclusive society have long contested its importance in same-gender marriage essays and discourses.


We are an overpopulated country and encouragement of marriage equality and an increase in same-sex matrimonies would lead to lower population growth. At the same time, it might witness a growth in adoptions of orphans, which is a significant move towards a holistic society. 


And last but not the least it would be an encouraging shift towards adherence to the laws of human rights, which dictates that no human should live under discrimination, fear, or oppression. 


The seeds of prejudice prevalent in our society, however, will not change overnight. Our traditions and social construct are vastly different from those of western societies. A change in mindset is a process that might take decades and even centuries. 


Nonetheless, the change should begin somewhere. And awareness that every human is equal and their preferences and choices about who they love and marry should not be a ground for discrimination is quintessential to that change. 


Essay No - 2


Same-Gender Marriage: A Threat or Blessing for the Reunion of Two People?

Marriage or wedlock is the cultural union of two people for a lifetime. Considered an integral part of one’s life, it involves both legal and social formalities performed by the two families in concern. Besides, it also comprises regulations and obligations to be followed by the spouses and their children as well as their immediate family members.


However, there have been instances where marriage equality essays have been spoken of by many. These are instances where marriage between couples of the same gender is considered inappropriate. Nevertheless, the global society is evolving and people are coming out of the closet more often than ever before.


How Does the World Perceive?

Most communities are becoming liberal in terms of being more accepting in nature. People by and large are taking a stand to abide by their sexuality. It is no more a matter of shame that has to be kept hidden or shut behind the doors.


Multiple same sex marriage essay has come up sighting the incidents where the couple were accepted by their respective families. In addition, the act of legalization of same-sex marriage has been going on since the past two decades with great vigour.


Countries like the Netherlands, Spain, and Belgium had legalised it in the wake of the 2000s, while other countries such as Canada, South Africa, and Norway followed suit in the upcoming years.


The marriage equality essay has been in the limelight because more people are opening up about the benefits and importance of such marriages in today’s world. The reasons that have fuelled such a dramatic change can be listed below as -

  • People can be themselves and do not have to try hard to get accepted for who they are.

  • They are proud of both their individuality as well as sexuality and do not have to wear a mask.

  • They can plan for the future instead of having to succumb to societal pressure.

  • Same-sex couples now have the opportunity to live with their loved ones happily, without having to take cover. 

The spread of the same gender marriage essay has been a saviour for many who were not aware of the changes that are taking place all around the world. It has not only made the LGBTQ community aware but also encouraged them to evaluate themselves and take the plunge to raise their voices too. They can now take a stand for themselves and feel relieved that they are not discriminated against anymore.


What is the Scope in the Future?

Although a significant part of the world including countries like Taiwan, Germany, USA, etc. have been able to match the steps with the advancing surrounding; there is still a section who has not. Even now, marriage equality essays and other online content create backlash.


Therefore, it is essential that more people come forward and join hands to the cause of being united in terms of accepting the bond between people. 


Essay No – 3


Same-Sex Marriage - The Changing Attitude of Modern Society

Most religions and cultures accept that marriage is not a trivial matter but is a key to the pursuit of happiness. However, they still openly criticise the practice of same-sex weddings. Fortunately, the stigma related to homophobia and LGBTQ community is slowly but surely lessening. Better education, introduction to different cultures, and an open mindset played a critical role in this development. 


Let’s discuss the changing attitude of today’s society and the benefits a culture might enjoy in this same-sex marriage essay.


The History of Same-Sex Marriage

During the mid-20th century, historian Johann Jakob Bachofen and Lewis Henry Morgan made systematic analyses of the marriage and kinship habits in different cultures. They noted that most cultures expressed support towards a heteronormative form of marriage that revolves around union between opposite-sex partners. However, all these cultures practised some form of flexibility while following these ideals. 


Scholars like historian John Boswell often declared that same-sex unions were recognised in medieval Europe, but the most notable changes were introduced during the late 20th century. 


An Accepting Society

A more stable society was created over the years, with a better understanding of each other and acceptance for the different. As the culture opened its arms to learn about others, it also learned about minority groups such as the LGBT community. Similar to racial equality, or the equality movement for women, growing acceptance of that community ultimately made the commune much more stable. 


Many consider that same-sex unity will only benefit the homosexual community. However, it leaves a much more profound impact on the overall society. To begin with, it will reduce homophobia by a significant margin. Acknowledging a homosexual relationship will also reduce hate crimes in countries like India. There are many research papers and marriage equality essays available that show how communities that allow an individual to choose their partner to enjoy a significantly less rate of crime. 


The Economic Boost

An unlikely benefit of same-sex marriage and a compassionate society towards homosexuals is the economic boost. For one, the wedding and marriage industry is the biggest beneficiary of same-sex marriage, as it increases their customer base by a significant margin. It also allows several business providers to service them, and helps the travel and tourism industry by boosting the number of honeymoon goers.


For example, businesses in New York enjoyed almost 260 million dollars boost within a year when same-sex marriage was legalised. Similar effects were also found in other countries.


Even though India still hasn’t shaken the stigma attached to a same-sex relationship, somewhat modern society is slowly learning to accept the diversity of human nature. With the help of the government, activists, and hundreds of individuals creating and posting blogs, same-gender marriage essays on the internet, society is gradually becoming an understanding and nurturing entity for everyone.

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FAQs on Same Sex Marriage Essay: Discussing the Legal and Social Perspectives

1. What is the current legal status of same-sex marriage in India?

As of the latest Supreme Court rulings, same-sex marriage is not yet legally recognised in India. While the Supreme Court decriminalised homosexuality in 2018 by striking down Section 377 of the IPC, it has referred the decision on legalising same-sex marriage to the Parliament. The court acknowledged the need for a legal framework to protect the rights of same-sex couples but left the creation of a specific law to the legislative body.

2. How can a student structure an essay discussing the legal and social perspectives of same-sex marriage?

A well-structured essay on this topic should include the following sections:

  • Introduction: Start by defining same-sex marriage and explaining its significance as a topic of global and national debate. State the main perspectives you will cover.
  • Legal Perspective: Discuss the 2018 Supreme Court judgement on Section 377 and the ongoing legal battle for marriage equality. Mention key constitutional articles like Article 14 (Right to Equality).
  • Social Perspective: Explore societal attitudes, contrasting traditional views with modern calls for inclusivity. You can cite data on public opinion if available.
  • Arguments For and Against: Present a balanced view by outlining arguments that support marriage equality (human rights, non-discrimination) and those that oppose it (religious or traditional reasons).
  • Conclusion: Summarise the key points and offer a final thought on the future of marriage equality in India.

3. What is the key difference between the decriminalisation of homosexuality and the legalisation of same-sex marriage?

The key difference lies in the scope of legal rights. Decriminalising homosexuality (through the striking down of Section 377) means that consensual relationships between adults of the same sex are no longer a criminal offence. However, this does not grant any legal recognition or rights to their union. In contrast, legalising same-sex marriage would grant these couples the same legal status and rights as heterosexual couples, covering crucial areas like inheritance, adoption, insurance, and medical decisions.

4. What are the main arguments used to explain the importance of legalising same-sex marriage?

The main arguments explaining the importance of legalising same-sex marriage are rooted in fundamental rights and social progress. These include:

  • Upholding the Right to Equality: It ensures all citizens are treated equally under the law, regardless of sexual orientation, as guaranteed by the Constitution.
  • Ensuring Human Dignity: It recognises the right of an individual to choose a life partner as a fundamental aspect of a dignified existence.
  • Providing Legal Protection: It offers legal and social stability to same-sex couples and their families, which is currently absent.
  • Promoting an Inclusive Society: Legal recognition helps reduce social stigma and discrimination against the LGBTQ+ community.

5. How could the legalisation of same-sex marriage impact Indian society beyond the LGBTQ+ community?

The legalisation of same-sex marriage could have a broader societal impact. By officially recognising same-sex unions, it promotes a culture of tolerance and inclusivity, which can help reduce homophobia and hate crimes. Economically, it could boost industries related to weddings and tourism. Most importantly, it reinforces the principle that fundamental human rights apply universally to all citizens, strengthening the democratic fabric of the nation.

6. Why is the legal debate on same-sex marriage in India so complex?

The debate is complex because marriage in India is primarily governed by a variety of personal and religious laws, each specific to a different community (e.g., the Hindu Marriage Act, Muslim Personal Law). Since these laws traditionally define marriage as a union between a man and a woman, extending them to same-sex couples presents significant legal and interpretive challenges. Crafting a uniform law, such as amending the Special Marriage Act, is one proposed solution, but it requires careful consideration to avoid conflict with existing personal laws and societal customs.

7. Which countries were pioneers in legalising same-sex marriage?

The global movement for marriage equality saw its first major successes in the early 2000s. The Netherlands became the first country in the world to legalise same-sex marriage in 2001. Other pioneering nations that followed soon after include Belgium (2003), Canada (2005), Spain (2005), and South Africa (2006), setting a global precedent for similar movements worldwide.