19 Jul 2022

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Gay Marriage or Same-Sex Marriage Appreciations in Different Jurisdictions

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Gay marriage or same-sex marriage is received with varied appreciations in different jurisdictions. Its recognition around the world ranges from appreciation to criticization. Gay marriage is regulated through law, custom, and religion in many countries globally. Although records exist proving the existence of gay marriage as early as in the first century A.D, in the modern era, it was first legalized in the Netherlands in 2001. Only 29 countries around the world allow couples the rights to gay marriage ( BBC News, 2021 ). Several other countries have defined marriage on a gender basis to outlaw the union of same-sex partners technically. Some countries have constitutionally mandated laws that prohibit gay marriage. In most of the countries prohibiting gay marriage, homosexuality itself is a criminal act. The issue of homosexuality has increasingly gained interest in the late 20th century. During this period, laws regulating gay marriage were liberalized, especially in the Western world. 

The Nature of Gay Marriage 

In October 2020, the global leader of the Catholic Church, Pope Francis, said that gay couples should not be barred from having civil unions. In a documentary film about his life and work, the Pope indicated that gay people were children of God and had the right to have a family. He talked about creating a civil union law that legally covered gay marriages. This was a significant shift of opinion from the popes before him who strongly opposed the gay unions. The Catholic church used to refer to gay relationships as deviant behavior ( Ofosu, 2019 ). The Congregation for the Doctrine of the Faith, the Catholic church body mandated with safeguarding doctrines and morals, overlooked the Pope's remarks in March this year. The Vatican office responsible for doctrine indicated that the church could not bless same-sex unions as God could not bless sin. The Pope approved the decision made by the Congregation for the Doctrine of the Faith. 

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Some Catholic church parishes, especially in the U.S. and Germany, bless people in gay relationships as a way of welcoming them to the church. The Vatican office indicated that marriage between a man and a woman is a sacrament. Blessings cannot be extended to gay spouses. Progressive Catholic groups voiced their dissatisfaction with the CDF's declaration. Their view is, being gay is not a choice but how God made those who prefer being gay. Gay people were born perfect despite what the church or any religious leaders believe. 

As some parts of the world make progress in recognizing gay marriage, others are moving in the opposite direction. The little-known and small nation of Brunei sparked outrage when it made same-sex marriage an offense. Fierce condemnation by international leaders forced the country's sultanate to say that it would not apply the death penalty for gay people. Brunei and thirteen other countries which include Iran, Yemen, Mauritania, Nigeria, Qatar, Saudi Arabia, Afghanistan, and Somalia do not recognize gay marriages. In most of these countries, homosexuality is founded on the interpretation of Sharia law. 

The death penalty is derived from Quranic interpretation, the accounts of Prophet Muhammad, and the book of Hadith. In January 2019, a man was hanged for having sex with another man in Iran. In Mauritania, the method of execution for being gay is stoning. In Qatar, one of the countries with the highest per capita income in the Middle East, engaging in extramarital sex is punishable by death. In Saudi Arabia, an American political ally and major economic partner, relations between gay people are a capital crime. In Pakistan, gay rights are a taboo topic. The country's law indicates that homosexual acts are against the order of nature and therefore is against its promotion. 

The recognition and legalization of same-sex marriage have been achieved through popular campaigns and approval by prominent political, religious leaders, and courts. For example, Eugene Peterson, a renowned retired Presbyterian minister, and award-winning author proclaimed that the debate about gay relationships might be over. His comments were received with both criticism and applause. As a respected minister, his support for gay marriage was expected to have a significant effect. In the United States, the Supreme Court ruled by a 5-to-4 vote in 2015 that the Constitution guarantees a right to same-sex marriage. In his decision for the majority, Justice M. Kennedy wrote that marriage is the most profound union and no longer will the liberty for same-sex couples be denied. Obergefell v. Hodges was a landmark civil rights case that ruling that indicated that gay couples had the fundamental right to marry guaranteed under the 14 th Amendment ( Nytimes.com, 2021 ). The ruling required all fifty states to perform and recognize gay marriage with all accompanying rights and responsibilities. 

Hundreds of people outside the court celebrated waving rainbow flags and chanting "love has won." President Obama welcomed the decision saying that it affirmed what many Americans already believed. The Supreme Court's decision came two years after the court struck down another decision denying benefits to married gay people, and 12 years after it struck down another decision-making gay sex a crime ( Usatoday.com, 2021 ). The majority and dissenting judges had differing views on the possibility of the decision harming religious liberty. Gay groups had prepared a public relations approach to bring the issue to the Supreme Court at a time they thought there were enough liberal judges on the bench. As in other civil rights cases, the court was cautious and methodical in preparing the judicial groundwork for a landmark ruling. 

Many religious centers supported the same-sex marriage decision made by the Supreme Court ruling, indicating that they had already been blessing gay marriage for a long time. The United Church of Christ, one of the mainstream Protestant outfits to perfume gay marriages, celebrated the Supreme Court decision. 

Discussion 

Social norms are critical in influencing people's attitudes and behavior. People will change their views and actions according to the perceived norms in their societies. Norms are not necessarily explicit but reinforced through social interactions. A legislation passed supporting same-sex marriage could be perceived as a norm. Some of the arguments raised against same-sex marriage mainly focus on children and parenting. Opponents argue that children need and hunger for their biological parents. They also need their fathers. There are arguments that children who are raised without their fathers are more likely to develop delinquency and antisocial behavior. Children also need their mothers and it is inadequate for two men to raise a child without a mother. Homosexual marriages, therefore, deny children the right to either their father or their mother, or both biological parents. Opponents of same-sex marriage further fear that these unions will reduce the procreative purpose of marriage ( NBC News, 2021 ). Traditionally, marriage and procreation were closely linked. Today, most people in the Western world view marriage in emotional terms. Children are a secondary consideration. There is fear that the gay marriage is accepted in society, the more likelihood of population decline. 

Conclusion 

Historical and anthropological records show that diverse attitudes towards gay marriage ranged from full acceptance, intolerance, indifference, to persecution. Proponents indicate that the government has no business regulating personal relationships. Ultimately, the debate on gay marriage is based on majority rules, social viewpoints, religious convictions, health concerns, economic matters, and other issues. Studies and polls indicate that the support for gay marriage has been increasing across many countries in the world. 

References 

Catholic Church 'cannot bless same-sex unions' . BBC News. (2021). Retrieved 9 June 2021, from https://www.bbc.com/news/world-56402096

Ofosu, E. 2019. Same-sex marriage legalization associated with reduced implicit and explicit antigay bias.PNAS. https://www.pnas.org/content/116/18/8846 

Prominent Christian leader proclaims support for same-sex marriage . NBC News. (2021). Retrieved 9 June 2021, from https://www.nbcnews.com/feature/nbc-out/prominent-christian-leader-proclaims-support-same-sex-marriage-n782556

Supreme Court Ruling Makes Same-Sex Marriage a Right Nationwide (Published 2015) . Nytimes.com. (2021). Retrieved 9 June 2021, from https://www.nytimes.com/2015/06/27/us/supreme-court-same-sex-marriage.html. 

Usatoday.com. (2021). Retrieved 9 June 2021, from https://www.usatoday.com/story/money/2019/06/14/countries-where-being-gay-is-legally-punishable-by-death/39574685/

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StudyBounty. (2023, September 15). Gay Marriage or Same-Sex Marriage Appreciations in Different Jurisdictions .
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