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GLOBAL CHANGES IN LGBTQ+ RIGHTS

Publications, Research paper

Abstract

Recently, there has been a noteworthy shift in people’s attitudes towards the LGBTQ+ community and their rights. These attitudes clearly illustrate a change towards greater inclusivity and acceptance worldwide. From decriminalization to same sex marriage, the global landscape of LGBTQ+ rights have undergone significant transformations. This research paper explores the various important developments of the LGBTQ+ community’s rights. It also highlights some significant milestones for the community like same sex marriage, anti-discrimination laws, decriminalisation of homosexuality and advancements in transgender’s rights.  This paper alsotalks about theimpact of these changes on LGBTQ+ individuals and the need for global advocacy, awareness, and activism to help promote equality. Even after all these progresses, their challenges still persist. Even after all these progresses, they are faced with backlash against their rights and ongoing violence and discrimination faced by the individuals. The conclusion points out the constant work which is still needed to achieve total equality and acceptance for the community.

Key terms:

Decriminalisation of homosexuality, anti-discrimination laws, legalization of same sex marriage, transgender rights, global advocacy and awareness, societal shifts.

Introduction

History has set the record a little too straight[1]. In this era of egalitarian society, rights of LGBTQ+ community have had tremendous transformations all over the world. This evolution is demonstrated by both glorious improvements and challenging obstacles. It also sheds light on the difficult path an individual has to follow to get full recognition of their rights as part of the LGBTQ+ community. LGBTQ+ stands short for Lesbian, gay, bisexual, transgender, queer and more. This community has always been a frequent victim of backlashes, violence discrimination, and exclusion. It is also often referred to as the ‘modern mental illness’. But the recent social moments have led the way for this community to be accepted. LGBTQ+ activists globally has been an opportunistic instrument in advocating for their rights. This has also helped in increasing awareness and helped mending the attitude towards them.

Anti-Discrimination laws  

Throughout history, labelling the LGBTQ community as “mentally ill” was a gateway and a justification for egregious discrimination, stigma, and cruel treatment methods (fountain house). In this heteronormative society[2] , there are heavy biases towards the LGBTQ+ people from their families and communities. This not only affects their mental health but also their personal safety. The youth especially experience severe violence from their peer at schools. School which is supposed to be a safe space for youth isn’t so for this community. Healthcare is one of the basic things which everyone should have access of. But for individuals of the LGBTQ+ community faces trouble in this as well. In India, even though everyone’s thought process is dependent on western ideologies, LGBTQ+ is not fully accepted because of societal and religious convention. India also does not have any specific anti discriminatory law for LGBTQ+ individuals. But there have been various efforts to address the bullying and discrimination. The chief Justice of India, Justice D.Y. Chandrachud has emphasised the need for anti-discrimination laws to protect LGBTQ individuals. As of 2020, total of 11 countries worldwide had constitutional protection against discrimination based on sexual orientation. In Europe, Malta, San Marino, Sweden, and Portugal had such protection. In America, only Mexico, Cuba, Bolivia, and Ecuador. The other three remaining countries were Fiji, Nepal, and South Africa (Statista). Netherlands on the other hand, introduced anti-discrimination laws to protect individuals against discrimination based on sexual orientation. Although things are certainly looking better than before this notion is still embedded in our society. A recent example can be seen in Pakistan. A Pakistani man filed an application to set up Pakistan’s first gay club. This gay club was claiming up to be a resourceful addition for homosexuals, bisexuals and residing heterosexuals in the neighbouring area. But in the end, he was detained and placed in a mental asylum for being ‘mentally ill’.

Decriminalisation

Decriminalisation of homosexuality refers to the process of ending laws which makes homosexuality a criminal offence. Decriminalisation is an important step in recognizing and protecting human rights. Legal acceptance also leads to social acceptance. The past has always been chaotic for the LGBTQ+ individuals. Since many years now, many societies penalise homosexuality. Before 2009, section 377 [3] was criminalised in India. But the community got their first ever major victory in the case of Naz Foundation vs. Government of NCT of Delhi and Ors. This judgement held section 377 violative of article 14 (right to equality), article 15 (prohibition of discrimination), and article 21 (right to protection of life and personal liberty). Section 377 was held to be violative as it criminalised consensual sexual acts of adults in private. The judgement successfully took down a 19th century law which was often used by the police to threaten the LGBTQ+ people. But homosexuality was criminalised again in 2013 in the case of Suresh Kumar Koushal and another vs. NAZ Foundation and ors. Finally in 2018, supreme court ruled that consensual adult gay sex is not a crime. It also held out that an individual’s sexual orientation is natural, and people do not have control over it. This held out a ‘rainbow of hope’ over the LGBTQ+ community. This was a progressive step to fight for LGBTQ+ rights in India. Since then, psychologists in India have been working to promote inclusivity and fight heterosexuality. Another example of country which decriminalised homosexuality is Netherlands. Netherlands is known for its progressive outlook of LGBTQ+ individuals. This country’s social acceptance has always been one of the highest around the world. Homosexuality was decriminalised as early as 1811 with the adoption of Napoleonic code. All these reasons also cite Netherlands as one of the most LGBTQ+ countries in the world.

Legalization of same sex marriage

Marriage is an important social institution. This institution is believed to be only within a man and a woman, anything else is thought to be highly unnatural. The legalisation of same sex marriage is another important milestone for the LGBTQ+ community. Same sex marriage not only provides with legal and economic benefit but also advances greater social acceptance and greater inclusivity. This legal change grants them with same legal benefits, responsibilities, and recognition as heterosexual couples. Even after all of this, many countries still prohibit same sex marriage often because of religious, political and cultural opposition. In a few areas, legal reputation of equal-sex relationships may come in paperwork apart from marriage, inclusive of civil unions or domestic partnerships, which won’t provide all of the same rights and benefits. LGBTQ+ activists and allies all around the world continues to encourage for marriage equality in places where it is not legal yet. In 2001 Netherlands became the first country in the world to legalize same sex marriage. The Dutch parliament made it possible for same sex couples to get married and adopt a child. It set up a precedent for the rest of the nations to follow. Spain which was a pure catholic country also legalized same sex marriage in 2005. Even after they got strong opposition from conservative groups and Catholics, this led to a significant shift in the country. In America, the landmark supreme court judgement in Obergefell vs. Hodges legalised same sex marriage in 2015. Taiwan became the first Asian country and made history by legalising same sex marriage in 2019. This was a major breakthrough for all the LGBTQ+ Asian individuals since even today most of the Asian countries are very heteronormative traditionally. Apart from this many other countries also legalised same sex marriage like Norway in 2009, Sweden in 2009, France in 2013 and the United Kingdom in 2014[4]. While significant progresses have been made globally, it is essential to continue and acknowledge the ongoing struggles to get marriage equality to all countries. This will make sure that the members of LGBTQ+ community are getting equal protection and are well respected.

Transgender rights

Transgender is “An umbrella term for people whose gender identity and/or gender expression differs from what is typically associated with the sex they were assigned at birth. People under the transgender umbrella may describe themselves using one or more of a wide variety of terms— including transgender or nonbinary. Some transgender people are prescribed hormones by their doctors to bring their bodies into alignment with their gender identity. Some undergo surgery as well. But not all transgender people can or will take those steps, and a transgender identity is not dependent upon physical appearance or medical procedures (fountain house). The fight for transgender rights is an important part of the broader LGBTQ+ equality. These days many progresses are being made like legal recognition, anti-discrimination protections and access of basic facilities like healthcare. For many years, transgender identity was considered a mental disorder. In 2018, the world health organization declassified it as a mental disorder which helped in promoted a more egalitarian health care. Many countries have introduced legislation which allows transgender individuals to change their legal gender on documents. Argentina established gender identity law in 2012 which allowed the individuals to change their identity without needing surgery or approval from the judiciary. In 2015, Malta passed the gender identity, gender expression, and sex characteristics act. This act allowed for self-determination and banned non-consensual medical intervention on intersex individuals. The United States allowed non – binary options on official documents like passports. Similar provisions are there in other countries like New Zealand and Germany. As already mentioned above, Schools are supposed to be a safe space for individuals. But for trans children, school is just a part of their difficult routines. They are subjected to heavy violence by their peers in school. It is essential to have policies to protect transgender students from violence and discrimination in school. This also includes the right to use basic facilities like washrooms that support their gender identities. Countries like Canada have policies which protects transgender students’ rights in schools. The time when they need the most support is when their confused and questioning their stance in the world. But they do not get support and instead most of the time thrown out of their own houses. Various social movements have helped in promoting the visibility of transgender community in media and politics. Many organizations and advocacy groups have played an important role in supporting this community and asking for their rights. The Trevor project provided with crisis intervention and suicide prevention services. It also provided with the human right campaign which lobbies for LGBTQ+ rights. Figures like Laverne Cox are a historic milestone as they are the first openly transgender person who was nominated as a prime – time Emmy reward. Rachel Lavine was the first openly transgender federal official confirmed by the U.S Senate. They paved the way and helped by providing greater representation for the community. But sadly, even after all this advances, the transgender community still faces various challenges.

Research Methodology

Research methodology is the mode of research which an individual has chosen for their research paper. In this research paper, Qualatative research methodology has been used. Qualitative methodology refers to the use of informational based data. In this paper , use of newspaper articles, books and online websites has been used to provide the best data available.

Review of Literature

Justice D.Y. Chandrachud

Justice D.Y. Chandrachud’s is a prominent judge of the supreme court of India. His opinion regarding the LGBTQ+ rights are of total respect for individual autonomy and commitment to the principle of equality and justice in the constitution. He has been vocal about advocating for LGBTQ+ rights. One of his major contributions was his judgement in the historically landmark case of Navtej Singh Johar vs Union of India in 2018. His ruling decriminalised section 377 recognizing the diverse identities and orientation and respecting it. He emphasised that the constitution should protect all the individuals including individuals from the LGBTQ+ community. He also highlighted that social norms cannot dictate bounds of personal freedom. He painted the role of judiciary towards the minority and safeguarding them. He gave the principle of “constitutional morality always trumps societal morality” which is vital in ensuring that rights of minorities are upheld. He has also been an advocate for the broader spectrum of rights like adoption rights, marriage equality and many more in India. His ideologies always stress about the need of legal framework and the need for recognizing of the changing social fabric.

Lady Gaga

Lady Gaga’s is a renowned pop icon, actress and activist for LGBTQ+ rights. Her stance on LGBTQ rights has been characterized by her nonstop advocacy and her dedication to create a free and proud world for individuals. Her stance is deeply rooted with her own personal experiences. From the start, she has been very open about her bisexuality and used her platform to advocate for rights. Her song “Born this way” was a global hit and an anthem for the community. Her lyrics “no matter gay, straight or bi, lesbian, transgender life, I am on the right track baby, I was born to survive” deeply resonated with many individuals and highlighted her belief that everyone deserves to live proudly and be their authentic selves. Beyond her music she uses her influence to support LGBTQ+ causes. She established the Born this way foundation in 2011. This foundation focuses on empowering the youth, raising a culture of kindness and promoting mental health. It creates a safe space and provides with resources for LGBTQ+ youth and also addresses issues of bullying and discrimination among them. She is also very loud towards the political and social issues affecting the community at large. She played a visible role on campaign to repeal the “don’t ask, don’t tell” policy. This policy restricted individuals who were openly gay, lesbian and bisexuals to serve the U.S. military. Her efforts included public speeches and rallies. Even in her acceptance speeches and public appearances, she often showcases her commitment towards the community.

Tim Cook

Tim cook, the CEO of Apple is one of the most prominent figures in the tech industry. His is also one of the highest profiles openly gay executives in the world. Under his leadership, Apple has been a strong follower of inclusivity and equality. The company has implemented various policies that ensure a supportive environment for everybody. Tim Cook’s stance on LGBTQ+ rights is characterized by his personal authenticity, his leadership in fostering inclusive workplace environments, and his outspoken advocacy against discrimination. His efforts have not only helped to advance equality within Apple but have also made a significant impact on the broader fight for LGBTQ+ rights globally.

Suggestions

Improving condition for this community requires several well thought ways which involves legal, social, educational and cultural changes. Here are several suggestions which can be used at various levels to help further improve the community’s condition.

Legal approaches

In countries where homosexuality is still criminalised there should be work towards decriminalising it. Anti-discrimination laws should be implemented and enforce to tackle discrimination based on one’s gender identity and sexual orientation in every institution. Advocating for same sex marriage and adoption rights will help in ensuring equal rights for all the couples. Laws should be enacted which allows individuals to change their gender easily on official documents.

Educational changes

To make sure that kids understand and accept from a young age, sexual education should include LGBTQ+ topics in school’s curriculum. Furthermore, awareness campaigns should be launched to educate the society about LGBTQ+’s issues. Health care providers, law enforcement and educators should be given efficient training towards the community issues and respectful treatment. All these ways would help reduce the stigma and discrimination towards them.

Social changes

Support networks should be established to support organizations and LGBTQ+ community centres as these centres and organisations provide for safe spaces and resources for the individuals.  There should be accurate and positive representation of the community in the media, arts and entertainment. Allyship should be promoted between heterosexual people to support and LGBTQ+ rights and inclusion.

International cooperation

Organisations should work with international organizations to pressure countries with poor LGBTQ+ rights and improve their policies regarding them. There should be refugee asylums for individuals who ran away from their home countries in search for a better society. Regular monitoring and report status should be made worldwide, and government should be held accountable.

Legal aid

Legal aid should be provided to LGBTQ+ individuals facing violence, discrimination and legal challenges. Protection mechanisms should be enhancing, and swift and just legal responses should be ensured. These are some significant steps which if ensured properly an make an inclusive and equitable world for the LGBTQ+ community.

Conclusion

The sight of LGBTQ+ rights has been significantly changed across the world. It showcases both progress and ongoing struggles of the LGBTQ+ community. Recently, many countries have taken big steps in accepting and protecting their rights. There have been many changes in their rights globally. Legal improvements like decriminalisation and same sex marriage are important milestone for the community. These improvements have also helped in gaining more acceptance in the society as a result of more visible representation in the media. However, this journey is far from over. There are various countries where even acceptance is hard to achieve. In these countries there are still individuals who faces discrimination and severe violence on a daily basis. Their rights are either stationary or lapsing. Even in countries where the laws are progressive, social stigma is still very much prevalent. To ensure the improvements in this issue, one must make sure to make complex approaches. To win this fight for universal human rights, there should be persistent local, national and international efforts. Our aim should be to make a real egalitarian world where LGBTQ+ individuals can live freely without any fear of discrimination.

Ananya Rana

BBA LLB

O.P Jindal Global University

Bibliography:

Books:

  1. Michael J. Murphy et. al., Living Out Loud: An Introduction to LGBTQ History, Society, and Culture, np.
  2. Corinne Lennox et. al., Human Rights, Sexual Orientation and Gender Identity in the Commonwealth: Struggles for Decriminalisation and Change, np, university of London press, 2013.
  3. Robert M. Baird et. al., Same-sex Marriage: The Moral and Legal Debate, np.

Websites:

news articles:

[1] Laurie Casagrande, National Coming Out Day Poster, “Unfortunately, History Has Set the Record a Little Too Straight,” 1988. Source: Laurie Casagrande. Image courtesy of Syracuse Cultural Workers.

[2] Society where heterosexuality if the default norm

[3] Homosexuality.

[4] Except for Northern Ireland which followed in 2020.