Report on the Inequality
Essay by geetabridgmohan • April 23, 2013 • Research Paper • 4,990 Words (20 Pages) • 1,667 Views
Report on the inequality faced by homosexuals with regard to gay marriages in
Trinidad and Tobago.
The aim of this report is to investigate the inequality faced by homosexuals with regard to marriage, in order to formulate a workable solution for the future.
denial of the right to marriage for homosexuals is an alarming issue as the entire LGBT society is treated unequally. Based on an interview conducted, as well as other data collected from the internet and newspaper articles, previous demonstration attempts by homosexuals have failed considerably, mainly due to respect for the sanctity of marriage, violation of norms and undermining of sodomy laws. AS such the best solution would be an amendment of the legislation granting equal rights to homosexuals. This will be implemented via nationwide seminars and campaigns, as well as local film productions.
According to the Oxford English Dictionary, a homosexual is a person who is sexually attracted to persons of the same sex as him/her. (Oxford Dictionary, 2002). This is a problem that has plagued our twin island of Trinidad and Tobago for quite some time. The law does not adjudicate in favour of homosexuals due to policy arguments and so they are denied equal opportunities especially when it comes to marriage. As such, homosexuals are automatically stigmatized on the grounds of marriage being a sacred institution, undermining of sodomy laws and violation of normative behavior. This leads to many homosexuals having to hide their sexual orientation due to fear of being litigated against.
One of the main reasons why homosexual marriage is such a problem in society is because many people see marriage as a sacred institution and gay marriages violate that sanctity. Traditionally, marriage was seen as a union between a man and a woman. This was seen as a sacred bond as it relates to religion. Many hold the view that a marriage between two people of the same sex goes against God's plan. As stated in the bible, God created a man and a woman to be husband and wife. Some make jokes like "God created Adam and Eve and not Adam and Steve". According to the website Religion Facts, men and women were created to reproduce but with homosexual marriages, they cannot reproduce naturally so this would seek to decrease the population size. Marriage between a man and a woman is seen as a holy and sacred union and since homosexual marriage is against religion, it is unholy hence the reason it violates the sanctity.
Gay marriages pose a problem because it undermines sodomy laws thus promoting what the government was initially trying to fix. Marriage is defined as the union of a man and woman as husband and wife (ttconnect) .Finance Minister Winston Dookeran said "the issue of same-sex marriages was something Parliament would have to adjudicate upon at some time". This is because the Marriage Act of 1923 failed to define the term party in terms of gender which caused controversy in the law. Even though the act did not say gays are not allowed to marry the government criminalizes same-sex sexual activity .This is revealed in the Sexual Offences Act of 1986, where they would be charged for engaging in buggery or indecency. The government has increased those charges from ten to twenty five years with the hope of reducing homosexual activities. However if gay marriages are permitted it would contradict with these sodomy laws.
In the year 1986, Wesley Perkins and Alan Berkowitz formulated the Social Norm Theory, which purports to show the relationship between human behavior and the social environment. Norms specify the type of behavior that is considered appropriate in particular situations. (Haralambos, 2008). As such, it sets a superficial standard that members of the society use to govern others. If people fall short of this standard, they are automatically stigmatized and labeled. (Becker, 1963). Homosexuals are considered to be deviants as they don't conform to societal norms. As a result, many of them hide their sexuality due to fear of being judged. An interview was done with an anonymous homosexual and he admitted that he has to portray this 'macho man' image or else he would be harshly judged by members of the society. Observations were conducted on an everyday basis whilst commuting and explicit and disrespectful remarks were thrown at gays on entering a maxi or a car.
In the end, not allowing gay marriages is to an extent discrimination against a minority and this is clearly unconstitutional with s4 and 5 of the Constitution, with respect to equality before the law. ¬
To rectify the aforementioned problem, the following alternative solutions have been proposed.Amendment of existing law as a matter of public policy so as to embrace homosexuality and as such meet the needs of the ever changing society.Promote awareness by educating, training and creating explicitly designed media programs to sensitize the public. The government should respect people's sexual behavior and therefore not intervene, unless said behavior causes bodily harm.
One suggested solution that will help to curb this inequality problem faced by homosexuals with regards to marriage, is to sensitize the public at large in an attempt to promote tolerance of homosexuality. This will be done via a campaign entitled, "Defend Equality", where media releases, flyers and even discussions in educational institutions will seek to purport the pro-homosexual argument, and thus get people to understand their side of the story.
However, this solution may fail considerably as Trinbagonians already have this preconceived notion that homosexuality is wrong and therefore wouldn't even entertain discussion on its pros. Furthermore, with this preconceived notion in mind, people may not even pay attention to the campaign, and some may go so far as to rip down flyers. In the end, this will lead to a strict division in the country with half of its population supporting homosexuality, and the other half totally against it.
Another one of the possible solutions suggested was that the government should respect people's privacy and therefore not intervene in person's sexual behavior, unless it causes bodily harm. This is because there should be a limit as to how far the law should go. What people do in their bedrooms should not be the governments business and it should be private. Just as there is respect to heterosexual couple's gays should have the same rights. Also even though the minority is pro gay they are still humans and should be treated with respect and accorded equal rights.
However the government has a right to protect all its citizens from harm from others as well as themselves.
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