Why in the news?
- On 13 March 2023, a bench led by Chief Justice of India D.Y. Chandrachud referred petitions to legally recognise same-sex marriages to a constitutional bench of five judges of the Supreme Court. The court has listed the case for final arguments on 18 April.
What is Same-sex Marriage?
- Same-sex marriage refers to the legally recognized union between two individuals of the same sex, granting them the same rights, benefits, and responsibilities as heterosexual couples.
- This definition expands beyond the traditional understanding of marriage as a social institution between a man and a woman, as it acknowledges and validates diverse forms of relationships and family structures.
The effect of Same-sex Marriages on the Institution of Marriage
- Redefining marriage: The inclusion of same-sex couples within the institution of marriage has sparked debates about the primary functions of marriage. Same-sex marriages challenge the traditional view of marriage as solely being a union between a man and a woman for the purpose of procreation and emphasize the importance of love, commitment, and equality as the basis for a marriage, rather than just procreation and gender roles.
- New identities: According to Symbolic interationists such as Gagnon, LGBTQ+ individuals navigate their identities and relationships in a society that often stigmatizes and marginalizes them. Same-sex marriages help homosexual couples to create new identities in a heteronormative society.
- Legal recognition: The legalization of same-sex marriage in many countries has led to greater equality for same-sex couples in terms of legal rights and protections. This includes access to shared property, inheritance, parental rights, tax benefits, and social security, among other aspects. Legal recognition of same-sex marriages has also increased their social legitimacy and acceptance.
- Changing social attitudes: The increased visibility of same-sex marriages and the growing public support for marriage equality have contributed to a shift in societal attitudes towards LGBTQ+ individuals and relationships. This has led to greater acceptance and tolerance of diverse family structures and a reduction in the stigma associated with same-sex relationships.
- Challenges to traditional gender roles: Same-sex marriages challenge traditional gender roles within the institution of marriage, as these relationships are not defined by the traditional roles assigned to husbands and wives. This has encouraged a more egalitarian approach to marriage, where partners share responsibilities and decision-making, rather than adhering to strictly defined roles based on gender.
The effect of Same-sex Marriages on the Institution of Family
- Redefining family norms and values: The traditional understanding of the family as a heterosexual unit is being challenged. This shift in social norms encourages a more inclusive definition of family, recognizing various forms of families.
- Expanding the concept of parenthood: With increasing numbers of same-sex couples choosing to have children through adoption, surrogacy, or assisted reproductive technology, the notion of parenthood is expanding to include diverse family structures.
- Changing gender roles within families: Same-sex couples may have more egalitarian relationships, with partners sharing domestic duties and childcare more equitably. This change can also have broader implications for gender equality within society.
- Enhancing social support networks: Families with same-sex parents may forge stronger connections with other families in similar situations or within the LGBTQ+ community. This can lead to the development of supportive networks that provide emotional, financial, and practical assistance, strengthening the overall family structure.
- Potential challenges and stigma: Same-sex families may still face challenges, including social stigma and discrimination. This can affect the well-being of family members and may require additional resilience and adaptability to navigate societal prejudices.
Various Perspectives on Same-sex Marriage
- Judith Stacey: Stacey argued that same-sex marriages can contribute to the diversification and democratization of family forms. She suggests that recognizing same-sex relationships can help challenge traditional gender roles, promote gender equality, and create more inclusive family structures.
- Michael Rosenfeld: Rosenfeld's research on same-sex couples and parenting has shown that children raised by same-sex couples fare just as well as those raised by opposite-sex couples in terms of psychological, social, and emotional well-being. His work supports the notion that same-sex marriages can provide a stable environment for raising children.
- Andrew Cherlin: Cherlin has discussed how the acceptance of same-sex marriages can be seen as part of the broader trend of the deinstitutionalization of marriage, which involves the weakening of social norms surrounding marriage. He highlights that the growing acceptance of same-sex marriages is indicative of broader societal changes in the understanding of marriage and family.
- Anthony Giddens: Giddens has theorized about the transformation of intimacy in modern societies, which includes the growing acceptance of same-sex relationships. He argues that the rise of same-sex marriages is part of a larger shift towards more diverse and egalitarian intimate relationships.
- Erving Goffman: While Goffman did not directly address same-sex marriages, his work on stigma and the presentation of self in everyday life can be applied to understanding the experiences of same-sex couples. Goffman's work suggests that same-sex couples may face unique challenges due to societal stigmatization and the need to navigate public and private spaces differently from opposite-sex couples.
Same-sex Marriage in India
Same-sex marriage in India remains a contentious issue, particularly in light of the historical and cultural context of the country. Although the Supreme Court of India decriminalized homosexuality by striking down Section 377 of the Indian Penal Code in 2018, same-sex marriage is still not legally recognized in India. However, the conversation around same-sex marriage and LGBTQ+ rights has gained momentum in recent years, with various sociopolitical implications.
- Reimagining the role of marriage & family: Veena Das has written extensively about the role of kinship and marriage in Indian society. Her work suggests that the institution of marriage is deeply embedded in Indian culture and social relations. As such, the push for same-sex marriage involves not just the recognition of individual rights but also a reimagining of the role of marriage and family in Indian society.
- Modernization: Yogendra Singh's work on modernization and social change in India can help us understand the broader context in which same-sex marriage is being debated. He argues that India is experiencing a tension between tradition and modernity, with some sections of society embracing change while others resist it. This tension is evident in the ongoing struggle for same-sex marriage rights, as both traditionalists and progressives grapple with the implications of such a shift.
- Challenging patriarchal norms: Nivedita Menon is a prominent feminist scholar and activist who has written about gender and sexuality in India. She argues that the LGBTQ+ movement in India has the potential to challenge and transform dominant patriarchal norms and values. By pushing for same-sex marriage, the movement is not only seeking legal recognition but also working towards a more inclusive and equitable society.
- Challenging religious norms: Religion plays a significant role in marriage practices in Indian society. Hindu, Muslim, Christian, and other religious communities have their unique marriage rituals and customs that are integral to their respective cultural identities. These religious ceremonies and rituals serve to sanctify the union and provide social recognition to the couple. Same-sex marriages defies these norms
- Intersectionality: The issue of same-sex marriage in India also intersects with other social dimensions, such as caste, religion, and class. For instance, same-sex couples belonging to lower castes or minority religious groups may face additional layers of discrimination and stigma, making their struggle for acceptance and recognition even more challenging.
- The role of media and popular culture: Media and popular culture have played a significant role in shaping the discourse around same-sex marriage and LGBTQ+ rights in India. The portrayal of LGBTQ+ characters and relationships in films, television shows, and web series has helped in normalizing and humanizing these experiences, albeit with varying degrees of success and sensitivity. Social media has also provided a platform for LGBTQ+ individuals and allies to share their stories, experiences, and support for same-sex marriage.
In conclusion, while same-sex marriage remains legally unrecognized in India, the conversation surrounding it is evolving. The decriminalization of homosexuality has opened the doors for further dialogue and debate on LGBTQ+ rights, including same-sex marriage. However, the path to legal recognition and social acceptance of same-sex marriage in India remains fraught with challenges, as it requires significant changes in societal attitudes, cultural norms, and legal frameworks.
