How to think about Gay Marriages?
Should government legalize gay marriages?
Governments across the world are debating legalising gay (and lesbian) marriages. Many governments find themselves conflicted about whether they indeed should recognise gay marriages. Some governments find themselves thinking about these issues through a conservative religious lens. Other governments, and gay activists, believe love is universal, so this should, in fact, be a human rights issue. So, how should we think about legalising gay marriages? Let us dive in.
Religious marriage vs legal marriage.
Marriage in religion is quite different from what marriage means (or should mean) in law. Many countries, i.e. their legislators, mix both of these together. This is particularly true of countries that have a constitutional religion.
Marriage in legal terms.
From the lens of the state, marriage is a governance issue. It is a process that legally recognises two individuals who are not related by blood as a family. It defines the rights of those persons within their marriage. In legal terms, it also sets forth rules that determine succession and provides a means for separating legally.
Aside from this, legal marriage sets common societal expectations for everyone who wants to get married. It creates a social norm of sorts.
Socially, marriage is a declaration.
In social terms, marriage is a declaration to society that the people getting married are in a committed relationship. In most societies, it declares that the two people are in an exclusive partnership. It has been observed to be one of the important institutions that ensure social harmony.
In old times, when there was no DNA testing, marriage was used to determine the paternity of resulting children. It is important to remember a legal adage that “maternity is a legal fact, paternity is mere suspicion.”
Marriage through the lens of religion is totally different.
Every religion treats the institution of marriage differently.
Sanatan Dharma, along with its related religions - Buddhism, Jainism, Sikhism etc., recognises marriage as one of the essential Sanskara. Judaism considers marriage to be a sacred contract commanded by God. Christianity considers marriage to be a sacrament - a sacred ritual. Islam considers marriage as a contract.
What is the gay-marriage issue in India?
The issue in India has two parts. The first part is the common conundrum we have discussed above. It is the second part that is the problem.
The second part of the resistance to the legal recognition of gay marriages comes from resistance to a unique aspect of Indian state action. Despite being secular, the Indian state loves to meddle only and exclusively with Hindu religious practices while giving Islam and Christianity a free hand. Those who oppose Indian state interference in Hindu religious reform also resist the gay marriage bill.
So should governments recognise gay marriages?
Yes.
The state should dissociate itself from the religions prevalent in its society and focus on governance. The state need not interfere with religion, but that does not mean the state cannot recognize social relationships. It should recognise different forms of companionship between consenting adults and give these adults an avenue to solidify their commitment to their relationship.
Government should have a universal system of marriage for everyone, irrespective of religion or gender. This should be part of the Uniform Civil Code that the Indian Government aims to bring in. Gay marriages should also be at the same level as other marriages - recognition is legal and in a manner that has nothing to do with religion. To make this point amply clear, the government can give this universal concept a separate name - say “Legal Marriage” or “Civil Marriage” or “Inter-Personal Relationship Certificate”, etc.
Secret Note:
We need to be a society that accepts - neither encourages nor discourages.
Rahul -- I LOVE your clear, to-the-point writing style. You have offered your opinion without drama or rhetoric. So good!