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DIFFERENT COUNTRIES DIFFERENT RIGHTS FOR LGBTQIA+

By- Lakshit Pareek & Ramya Mishra

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From time immemorial, humans have been stubborn and reluctant towards changes. We have not only accepted society with its shortcomings but have also accepted it as our fate. Every time, society is in a transition period for a big change, it goes through criticism, violence, and often political instability.

Gender equality has been one such thing that has been overlooked for many decades, and till now many people are unwilling to accept the LGBT community members as a part of the mainstream society.

The community members are often looked down on and humiliated for their sexual preferences. They are forced rather than advised (by the way both make no sense) around, they need proper medical treatment around their sexual preferences and inner desires.

But over time, a few governments have started considering them, an important part of society, and have started giving them the rights they deserve. People in the west have already accepted the idea that sexual preferences cannot define a person or his/her character. It is a common thing in the west to see two people belonging to the same-gender holding hands, and kissing each other. On the other hand in the east, people are still getting used to the fact that we all are the same, irrespective of the gender and preferences we have.  Many countries have already passed laws protecting the fundamental rights of the people belonging to the LGBTQ community. But few are still struggling with the idea of basic human rights for every human being.

Here in this article, we discuss the laws around the LGBTQ community in different countries. We will discuss these laws in chronological order so that you can compare different nations.

AMERICA

  1. Dating back to the 1960s, the gay rights movement started progressing. In 1961, Illinois became the first state to do away with its anti-sodomy laws, effectively decriminalizing homosexuality.
  2. In 1992, Bill Clinton, during his campaign, promised to lift the ban against gays in the military. But later in 1993, passed the “Don’t Ask, Don’t Tell” policy which allowed them to serve the military as long as they kept their sexuality a secret. Don’t Ask, Don’t Tell was officially repealed on September 20, 2011.
  3. In 2004, Massachusetts became the first state U.S. state to legalize same-sex marriage. in 2015 the Supreme Court ruled that states cannot ban same-sex marriage, making gay marriage legal throughout the country.
  4. Obama became the first president to declare the month of June to be LGBT pride month, in 2009.
  5. On January 4, 2010, Amanda Simpson became the first openly transgender person appointed to a government post by a U.S. President.
  6. Jessica Benham became the first Bisexual Woman to win a seat in U.S. elections. She was elected to the state legislature of Pennsylvania.

JAPAN

  1. Same-Sex Marriage is Unrecognized by the constitution of Japan, Article 24 of the Japanese Constitution states that “marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with the equal rights of husband and wife as a basis.
  2. There are no laws regulating or addressing the same-sex couples adoption process in Japan, but there have been no known cases of this happening.
  3. Gay men in Japan are banned from donating blood following 6 months, after male-male sexual contact.
  4. Japan does not have LGBT protections from discrimination in employment, housing, etc. The Japanese Constitution promises equal rights to all, and this is widely interpreted as extending to LGBT citizens.

CHINA

  1. Homosexuality was decriminalized in China in 1997and was declassified as a mental disorder in 2001.
  2. There are no laws in China recognizing same-sex relationships or marriage.
  3. The China Center of Adoption Affairs (CCAA) does not allow same-sex couples to adopt a child, nor does it allow foreign same-sex couples to adopt a baby from China.
  4. There is no such particular law, that protects this community from any kind of discrimination in society.
  5. Even, homosexuals are prohibited from serving in the country’s army and military services.
Proud Gay

INDIA

  1. Laws against Homosexuality i.e., article 377 Just got ruled unconstitutional by the Supreme Court on July 17, 2018.
  2. The Supreme Court of India recognized the third gender that transgender persons can choose to identify themselves in official documents.
  3. Same-sex Marriage is not legalized, which makes it difficult for people of the same sex to legalize their relationship in a country like India, where marriage is a huge constitution.
  4. Same-sex couples are not permitted to adopt a child in India.
  5. People from the LGBT community cannot serve in the Indian army, according to article 45 in the army act.

NORWAY

  1. Homosexuality, same-sex marriage, and even adoption are legal in Norway and that makes it one of the most LGBTQ-friendly countries in the world.
  2. Norway also has rights and laws to protect LGBTs against discrimination.
  3. Service in the military for homosexuals is legalized in Norway.
  4. Blood donation is prohibited for the people of the LGBT community in the country.

These were some of the countries and their laws for the LGBT community. West is more progressive and ahead than the east, in providing rights to LGBTs. It’s 2020 and we are still judging people on their sexual preferences. We still keep our opinions higher than any human’s right to live according to his/her wish. Everyone supports the community but only till the gay kid is not born in their household.

Changing laws would not help unless the mindset of people changes and they start accepting people as they are with their life choices.

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