Legalizing same-sex marriages would have a profound bottom-up effect being felt in the social structure, starting from the individual level and couple level, followed by the family, community, and finally at the level of society.
By Rush Guha
As of 2023, marriage between same-sex couples is legally performed and recognized in 34 countries, constituting about 1.3 billion people, the most recent being Andorra. In India, two landmark judgments were passed recognizing same-sex relationships. In the K.S. Puttaswamy v. Union of India Case of 2017, the Supreme Court held that the Right to Privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 of the Indian Constitution. Secondly, in 2018 the top court ruled unanimously in the Navtej Singh Johar v. Union of India Case that Section 377 of the Indian Penal Code (IPC) was unconstitutional. In the month of December 2022, the Supreme Court issued notice to the Central Government on a plea by two gay couples seeking recognition of same-sex marriage under the Special Marriage Act 1954. Although the verdict regarding the same is still pending, it is interesting to analyze the consequences of legalizing same-sex marriages on society.
Generally, when society experiences a change in policy, it tends to transition from opposing to being ambivalent to being in favor of the polity, the largest transition being from opposing to being ambivalent. This indicates that policy implementation plays a role in encouraging people to reconsider their previous opinions. For decades researchers have reported that lesbian, gay, bisexual, and transgender (LGBT) individuals experience a range of significant health disparities. Adolescents with same-sex attraction are more likely to attempt suicide compared to their peers. Gay men are at higher risk of contracting HIV and other sexually transmitted infections, while lesbians are less likely to access preventive services for cancer. LGBT people are more likely to experience social isolation and face barriers to accessing basic facilities of care and according to the minority stress theory, denied access to marriage compound the negative effects of marginalization. Thus, not surprisingly, LGBT people have higher rates of smoking and alcohol and drug abuse. In the United States of America (USA), prior to the Obergefell vs. Hodges decision which legalized same-sex marriage, there was internalized homonegativity, isolation, and vicarious trauma among the social minorities which were associated with stigma and issues of life satisfaction.
Legalizing same-sex marriages would have a profound bottom-up effect being felt in the social structure, starting from the individual level and couple level, followed by the family, community, and finally at the level of society. The immediate impact would be seen on the level of the individual where there would be improved health outcomes like bringing down psychological distress and rates of suicide. The individual would now have the freedom to marry the partner of his or her choice. At the level of couples, there would be a greater sense of security associated with financial (e.g., healthcare, property rights) and legal (e.g., child adoption) benefits and reduced stress while traveling and immigration. It would raise marriage rates significantly, reduce abortions and reduce the chance that children grow up in single-headed households. Marriage being legalized will give the same-sex couple’s relationship more legitimacy in the eyes of the family members, prompting them to feel more comfortable, thus leading to increased support due to changes in perceived social norms. There would be both direct (making supportive comments to the couple, attending marriage ceremonies) and indirect (same-sex spouses being incorporated into the family network) increases in the social inclusion of sexual minorities at the community level. At the societal level, there would be a significant reduction in anti-gay attitudes. There would be greater support for the rights of sexual minorities and possible future expansion of rights and protections.
However, the legalization of same-sex marriage would be followed by obvious policy changes which may alternatively polarize the public, strengthening and widening the differences between supporters and opponents. Homosexually married couples may not be provided with all the same insurance benefits as heterosexual married couples. Real estate planning and retirement planning might also be tricky for homosexual married couples because the spouse in this case is not permitted to make decisions or inherit property automatically. It has to be specifically stated in a will. Problems of joint formal adoption of a child might be tricky. The courtrooms will flood with cases similar to the Goodridge v. Department of Public Health case of the USA. Research conducted in countries where same-sex marriage has already been legalized reports incidents where some individuals who divorced after the institutionalization of the right to same-sex marriage reported cases of public shame followed by guilt and disappointment. This may cause disjuncture in relationships with their family of origin.
There might be emerging challenges on the part of policymaking by legalizing same-sex marriages, but the chances of negative externalities are low. Therefore, policies need to be formulated through the lens of equality, tackling the economic and judicious legal framework. Media can play a huge role in building awareness among the masses. India being a signatory to the 2030 Agenda for Sustainable Development, is therefore committed to upholding the Sustainable Development Goal (SDG)-5 of gender equality. The legitimization of same-sex marriages aims to right a far bigger wrong: the exclusion of some sections of society from important social institutions. Although there is a need for brainstorming and community-level planning for homosexual rights, at least the first steps toward equality have been already taken.
Rush Guha is currently working at the United Nations.
Views are personal.
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REFERENCES
The Health Effects Of Legalizing Same-Sex Marriage
THE ECONOMIC IMPACT OF SAME SEX MARRIAGE ON TODAY’S SOCIETY
As the states turned: Implications of the changing legal context of same-sex marriage on well-being
Analysis: Same-Sex Marriage in India
Explained | Toward legalising same-sex marriage
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