Marriage Equality Around the World: A Myth or Reality

Abstract

First comes love, then comes marriage, then comes the baby in the carriage.\" This children\'s riddle shows that the right to marry and start a family is granted to many, but not to all. The prominent Call for legalizing same-sex marriage is growing around the world, but whether and to what extent that acceptance will lead to amplified social acceptance of lesbian, gay, bisexual, and transgender (LGBT) people. As the relationship of lesbian and gay couples has been considered taboo for centuries. The legalization of same-sex unions, or marriage equality, has been a persistent global concern. The rights of the LGBT+ community have seen a considerable shift in recent years, with the legalization of same-sex marriages in many nations. By 2023, 34 nations have allowed same-sex Marriage; the Netherlands was the first to do so in 2001. Only one nation in Asia (Taiwan) and one nation in Africa (South Africa) permit same-sex unions, with the majority of these nations being in Europe and the Americas. The LGBT+ community still experiences prejudice and persecution in many nations where same-sex marriage is illegal. Even the death penalty is used as punishment for homosexuality in some nations. Despite this, the initiative for marriage equality is still flourishing, with more and more nations recognizing same-sex couples\' legal rights to marry and getting the same protections and advantages as opposite-sex couples.

Introduction

I. INTRODUCTION

Let's be the person of optimism in a society full of pessimists. It's time to celebrate the diversity. Diversity among ourselves. Diversity which makes us united. If we look into society, we will find tons of unsolved questions. But the basic question is who we are, what we want, who we desire. We can't change these basic requirements just to fit into society. These are not the things that we choose but these are way of living which is already within us. Its biological structure and preference which is not a wilful option.  Is it a sin to be a part of LGBTQ Community? Why they have to pay the price without being held guilty. who is the culprit. The LGBTQ Community or the government or the society. we can't blame the People of LGBTQ Community. Because they are who they are. Somewhere the society and government both are liable for the condition of the community. Choosing a partner is the basic fundamental right, from which many people are deprived of. Forcing homosexual to be heterosexual is not something acceptable. It's the same scenario as we are asking a person change his/ her identity. The rainbow, the pride, the colourful identity will be colourless lifeless surface until and unless they get accepted and provided with the basic human rights and other rights: Right of Marriage insurance, mutual investment, mutual health insurance, family coverage by company[1].

It's really ironical.

The rights which are already given to heterosexual marriages, to acquire the same right the homosexual couples, the community fought years long battles. To reach to the ground it took centuries. Still there is a long way to go. There so many wars to be fought. The battle is just started.

It won't stop till they get the basic right[2]. Here the discussion does not come to an end. If right to marriage is given then also so many unanswered questions are left to be answered. The divorce law, adoption law, inheritance law, maintenance law succession law. So many areas of marriage law which is still untouched. The governments should look upon the laws of their countries. The homosexual marriages shouldn't be treated like second class citizens' marriages. The stereotypical thinking of society needs to be challenged. The world can't be perfect but it can be better. We should create a safe environment to live where every marriage irrespective of gender bias treated equally.

II. HISTORICAL BACKGROUND

Since the dawn of history, homosexuality has been a contentious topic. From ancient Greece to Rome to Egypt to China, each civilisation had a unique view of its own identity. Depending on the type of civilization, culture, moral conviction, or political will of a country, there are many attitudes about homosexuality. After the fall of the Roman Empire, Christianity dominated Europe for many centuries, strengthening the notion that sodomy is widespread and wicked. Sodomy is recognised as a violation of divine law or a crime against nature in cultures that have been influenced by Christianity and Islam[3]. The same notion is generally held in nations that have been affected by Buddhism and Hinduism. But eventually the social stigma of same sex relation is disappearing. And the world is moving towards a progressive view regarding same sex relationship[4]. The concept of marriage is historical and divine. In 2013[5]. "The same-sex marriage tradition has a particularly strong argumentative or affirmative component. Let us give it to the LGBTQ community as a part of a group effort to recover the past, which has been repressed and ignored. And we give it to the legal profession as a part of memoir who shout out the validation and legislation for the acceptance and marriage. same-sex unions have been a valuable institution for the majority of human history and in the majority of known civilizations. The history of same sex relationships is not recent storyline of 21st century rather it was the talk of ancient era[6].

Images of ladies hugging other women erotically and of men showing off their private parts can be found in the temples of Khajuraho. This has often been interpreted by scholars as an admission that people participate in gay behaviours. Similar imagery can be seen in Konark's Surya Devalaya Sun Temple from the thirteenth century in eastern Orissa. Explicit depictions of gay couples can also be seen in the temples of Tanjore and Puri. In Bhubaneswar's Rajrani Temple, there is a statue of two women having sexual acts[7].In the Buddhist monastery caves at Ajanta and Ellora. The paintings and sculptures display impressive architecture. In these artworks, men and women are shown engaging with the same sex. Shikhandini, the period's feminine or transgender warrior who was in charge of defeating Bhishma, is the subject of an intriguing tale in the Mahabharata. King Drupada's daughter. Her wife was horrified when she realised the truth. Divine intervention gave Shikhandini his manhood during the night[8].The renowned Manusmriti law code imposes penalties on homosexual men and women. According to Manusmriti, a girl who engages in sexual activity with another girl is subject to a fine of 200 coins and ten whippings[9].Manusmriti claims that sexual union between two men results in caste loss in the case of homosexual individuals. According to this the punishment as per  the "Painful Heating Vow". The political book Arthashastra of Kautilya makes reference to homosexuality. However, the text demands that the king fight against the "social evil" and punish individuals who practise homosexuality[10].

III. OBJECTIVE

1. To Examine the legal status of marriage equality in various countries and regions.
2. To Explore the factors influencing acceptance or resistance to marriage equality across diverse populations.
3. To Explore variations in legal frameworks, social acceptance, and practical challenges faced by LGBTQ+ individuals and couples.
4. To Identify potential challenges and opportunities for advancing marriage equality on a global scale.

IV. STATEMENT OF PROBLEM

The research paper on marriage equality around the world aims to investigate the status of marriage equality, including the recognition of same-sex marriage, across different countries and regions. It addresses the legal and social disparities, cultural and religious factors, political and legal dynamics, human rights and social justice concerns, as well as intersectionality and inclusivity, to provide a comprehensive understanding of the complex issues related to marriage equality in different countries and regions. Marriage equality is not just a legal or political issue; it is also a matter of human rights and social justice.

The denial of marriage rights to same-sex couples can violate their human rights, including the right to equality, non-discrimination, and privacy. Social justice concerns related to marriage equality include addressing systemic inequalities, discrimination, and social exclusion faced by LGBTQ+ individuals and communities.

V. RESEARCH METHEDOLOGY

The research methodology in a research paper should be carefully designed to ensure rigor, validity, and reliability. Research paper on marriage equality around the world followed both doctrinal and empirical methods to collect and analyse the data. Conducting a thorough literature review to gather existing research, scholarly articles, reports, and legal documents related to marriage equality around the world. This would provide a comprehensive overview of the current state of research, identify research gaps, and help in formulating research questions and hypotheses. Then this research paper followed comparative analysis approach to compare and contrast the legal and social status of marriage equality in different countries and regions. This paper contains quantitative research to collect and analyze data related to marriage equality. By using questionnaires or survey of 55 people of different region collected data on attitudes, perceptions, and experiences of LGBTQ+ individuals and communities as well as statistical analysis to identify patterns, trends, and correlations related to marriage equality. And the data of survey analysed statistically.

VI. RESULTS

This research paper adopted empirical study to analyse data related to marriage equality around the world. There is total 55 respondents. The respondents belong to different part of world. There are 18 respondents are from Asia, 15 respondents are from Europe ,9 respondents from Africa, and 13 respondents from United States. There are four age group respondents are included in the data collection procedure. 15-25, 25-35,35-45 and 45+. The major group of respondents are from the age group 15-25 and 25-35 respectively.

VII. SUGGESTIONS

1. Legal Reform: Legal reform is crucial for ensuring that same-sex couples have equal access to marriage rights. Governments can work to repeal discriminatory laws and introduce legislation that recognizes same-sex marriages.
2. International Cooperation: International cooperation and collaboration are important for promoting marriage equality around the world. Countries can work together to share best practices and support each other in advancing LGBTQ+ rights.
3. Public Advocacy: Public advocacy is an effective way to promote marriage equality. Individuals and organizations can use social media, protests, and other public campaigns to raise awareness of the issue and advocate for change.
4. Education and Awareness: Education and awareness-raising initiatives are essential for creating a culture of acceptance and tolerance. Governments, non-governmental organizations, and community groups can work together to promote education and awareness on LGBTQ+ issues, including marriage equality. Support for LGBTQ+ individuals are critical for creating a more inclusive society. Governments, organizations, and individuals can provide support and resources to LGBTQ+ individuals, including counselling, healthcare, and legal aid.

Conclusion

Legalizing marriage is not the end goal; rather, it is achieving the objectives of marriage as a traditional heterosexual couple’s Gender-neutral marriage should be promoted in general. .The introduction of marriage equality around the world has been a significant milestone for the LGBTQ+ community. It represents recognition of their human rights, and a significant step towards achieving social and legal equality. While many countries have made significant strides towards recognizing same-sex marriage, there are still many places where discrimination and inequality persist .The introduction of marriage equality around the world has been a significant milestone for the LGBTQ+ community. It represents recognition of their human rights, and a significant step towards achieving social and legal equality. While many countries have made significant strides towards recognizing same-sex marriage, there are still many places where discrimination and inequality persist. However, the increasing number of countries recognizing same-sex marriage is a positive development, and serves as a beacon of hope for the global LGBTQ+ community. The struggle for marriage equality has helped to spark wider conversations around LGBTQ+ rights, and has inspired many people to stand up and fight for justice and equality. Overall, the introduction of marriage equality represents a positive shift towards a more just and equal world for all. Overall, the introduction of marriage equality represents a positive shift towards a more just and equal world for all. Legalizing marriage was \"a great start,\" but it isn\'t enough. Divorce, adoption, inheritance, and old age homes for same-sex couples are some fundamental concerns that should be considered from a homosexual couple\'s point of view. As same-sex marriage is recognized in some countries, same-sex couples are not given any legal protection in other nations. In this case, same-sex marriage cannot currently be recognized internationally. This serves as an example. Due to the well-established worldwide legal framework for recognizing marriage, a Scottish same-sex marriage would be recognised in any other country that permitted same-sex marriage.

Copyright

Copyright © 2024 Dr. Shobha Gulati , Dr. Navpreet Kaur. This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.