Recently, India’s Supreme Court decided to defer the responsibility of legalizing same sex marriage to Parliament, which has disappointed LGBTQ+ rights activists throughout the nation. Earlier in the year, judges decided to bench 21 petitions that sought to legalize same-sex marriage. This has been a major setback for the legalization of same-sex marriages.
The Connection Between Feminism and LGBTQ+ Rights
Feminism is a movement that advocates for gender equality and challenges the patriarchal norms that create discrimination against marginalized communities, including LGBTQ+ individuals. The struggle for LGBTQ+ rights intersect with feminism as it questions gender roles and expectations while striving for an inclusive and fair society.
The Disheartening Verdict
The refusal of India’s courts to legalize same sex marriage is a setback for LGBTQ+ individuals and their allies in the country. Chief Justice Dy Chandarachud said that “there were degrees on how far we have to go on same-sex marriages, but the judges unanimously agreed that the court can’t grant LGBTQ+ people the right to marry because that is a legislative function.” This decision conveys the message that the recognition and rights of romantic relationships are subject to legislative discretion. It is particularly disheartening considering the progress made by the LGBTQ+ community in recent years, including the decriminalization of homosexuality in 2018.
Feminist Perspective on Marriage Equality
From a feminist standpoint, the advocation of same sex marriage is grounded in the principle of gender equality. Throughout history, the institution of marriage has been marked by gender-based inequalities, which have contributed to the oppression of women. The fight for marriage equality by the LGBTQ+ community challenges these ingrained gender norms. Feminist ideals emphasize that love and commitment should not be limited by gender.
Inclusive feminism recognizes that gender-based discrimination is interconnected with forms of oppression including discrimination based on orientation. Advocating for LGBTQ+ rights align with the core principles of feminism because it challenges power structures that uphold norms regarding gender and sexuality.
The concept of intersectionality is integral to feminist theories as it sheds light on how multiple forms of discrimination can intersect and overlap. LGBTQ+ individuals and those who identify as women often face compounded forms of discrimination and find themselves marginalized within both LGBTQ+ and feminist movements. This court ruling further discriminates against and oppresses LGBTQ+ women.
The Struggle for Equal Rights
The fight for rights including the right to marry extends beyond the LGBTQ+ community. It is a battle that encompasses all those who believe in gender equality and reject discrimination based on orientation. LGBTQ+ members have been targets for quite some time. In an article by the Huffington Post, it states that, “in Brazil alone, over 2,500 men were murdered between 1997 and 2007, ostensibly for being gay.” The fight for equal rights is leaving innocent lives at stake. As feminists, it is crucial for us to stand together with LGBTQ+ individuals and advocate for expanding marriage laws to include unions of all orientations.
Moving Forward
Although the court’s decision may be disheartening, it does not mark the end of the journey towards LGBTQ+ rights in India. Feminist activists and allies can continue to work towards legal changes. By focusing on education awareness campaigns and providing support to LGBTQ+ individuals, we can contribute towards building a fair and inclusive society.
Conclusion
The refusal of India’s Supreme Court to legalize same sex marriage, serves as a reminder of the obstacles faced by LGBTQ+ individuals in their quest for equality. From a feminist standpoint, this setback emphasizes the importance of embracing an intersectional approach to feminism that recognizes how gender and sexuality rights are interconnected. The fight for same sex marriage ultimately represents a struggle for both gender equality and social justice—a cause that must be continually advocated by feminists.
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