GAY MARRIAGE

AND ITS
LEGITIMIZATION

BY
MADHURIMA SINGH
AND
SHREYA MENON
GAY MARRIAGE-
Same-sex marriage or gay marriage
is marriage between two people of the
same biological sex or gender identity.
 LEGITIMIZATION-
Legitimization is the act of providing legitimacy.

It is the process of making something acceptable

and normative to a group or audience.
 AROUND THE WORLD-
Sixteen countries now
have the freedom to marry
for same-sex couples
nationwide

Mexico and The United States

have regional or court-directed
provisions enabling same-sex
couples to share in the freedom
to marry
NETHERLANDS-
first country in the world to legalize
same-sex marriage.
1 April 2001
parentage by both partners is not
automatic.
MEXICO-
same-sex marriages and
adoption by same-sex couples
legalized on 21 December 2009.

All states need not grant

same sex marriages.
UNITED KINGDOM-
Since 2005 same-sex couples have
been allowed to enter into civil
partnerships.
It provides the legal consequences of
marriage.
In June 2012 the UK Government
completed the Consultation to allow civil
marriage for same-sex couples
in England and Wales.
UNITED STATES-
Same-sex couples can legally
marry in nineteen states as well
as a few other jurisdictions and
several Native American tribes.
Defense Of Marriage Act
(DOMA) in 1996
Proposition 8
59% of the American people support legal
recognition for same-sex marriage
INDIA-
HISTORY-
Rig Veda
Sculptures
Vedic Brahmanism
& Colonial rule
Modern laws
Laws-
No explicit mention in statutes
Cannot be prosecuted
Section 377 of the Indian Penal Code
(IPC) of 1860
Too harsh
homosexuality cannot be legalized in
India as the Indian society is intolerant to
the practice of homosexuality/lesbianism
 SECTION 377-
Unnatural offences: Whoever voluntarily has carnal
intercourse against the order of nature with any man,
woman or animal, shall be punished with
imprisonment for life, or with imprisonment of either
description for term which may extend to ten years,
and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute

the carnal intercourse necessary to the offense
described in this section
 challenged in the Delhi High Court as
being violative of fundamental rights
guaranteed under the Indian
Constitution.
physical violence or coercion is an
essential element of crime.
criminalizes sexual activity that leaves
no victims.
REASONS FOR-

It violates right to liberty guaranteed

under Article-21
Criminalization of homosexual conduct
is unreasonable and arbitrary
Section-377 discriminates on the basis
of sexual orientation
REASONS AGAINST-

Un-natural, uncouth & immoral

Violates religious beliefs
No procreation
Against basic laws of the land
Accidental procreation
SOCIOLOGICAL IMPACT-
division of household labor
sexual exclusivity
Childrearing
Effect on the meaning of marriage
new legal and social norm
PUBLIC OPINION-
THE END