India, like many countries around the world, continues to grapple with the
question of legalizing same-sex marriage. While same-sex sexual activity was
decriminalized in 2018 with the landmark Supreme Court decision in Navtej Singh
Johar v. Union of India, same-sex marriage remains unrecognized by Indian law.
India is yet to legalize same-sex marriage, despite the decriminalization of
same-sex sexual activity in 2018 (Navtej Singh Johar v. Union of India, 2018).
There are cultural, religious, and social norm-related challenges in recognizing
same-sex marriage. However, there are also several compelling reasons, supported
by empirical data, for why India should consider legalizing same-sex marriage.
These include adoption of hard-to-place children (Gates & Badgett, 2006),
promoting social inclusion and reducing discrimination (Mohapatra, 2021),
improving mental health outcomes (Hatzenbuehler, 2009), reducing HIV/AIDS
transmission (Poteat, 2019), promoting economic benefits (Badgett, 2009), and
upholding human rights (Human Rights Watch., 2018).
Adoption of hard-to-place children
Research has shown that children in the foster care system are at increased risk
for engaging in illegal activities and substance abuse compared to their peers
who are not in foster care (National Center on Substance Abuse and Child
Welfare, 2012; Shook et al., 2010; Wulczyn et al., 2003). Moreover, According to
the US Department of Health and Human Services, the older a child gets, the less
likely they are to be adopted. In 2020, only 42% of children adopted from foster
care were over the age of eight, while 58% were under the age of eight (USDHHS,
2021). A study conducted by the Dave Thomas Foundation for Adoption found that
children over the age of eight wait an average of 3.5 years to be adopted,
compared to 1.5 years for younger children (DTFA, 2021). Here, same-sex couples
can benefit society by adopting hard-to-place children in the foster care
system. Here are some points supported by empirical data. They can provide a
loving and stable home for children who are often harder to place in the foster
care system, such as those who are older, disabled, or have special needs.
According to a study by the Williams Institute, same-sex couples are more likely
to adopt children who have been in foster care for two years or longer, reducing
the number of children waiting for adoption (Gates & Badgett, 2006). Here,
many might argue children raised by same sex couples could potentially perform
badly in social and academic life. But 3 decades of scientific studies says
otherwise. It has shown that children raised by same-sex couples fare as well
as, if not better than, children raised by different-sex couples. For example, a
study by the American Academy of Pediatrics found that children raised by
same-sex couples have similar outcomes in terms of mental health, social
development, and academic performance as children raised by different-sex
couples (Perrin, 2013).
Furthermore, same-sex couples can provide a safe and supportive environment
for children who may have experienced trauma or abuse in their previous homes.
Studies have shown that children adopted by same-sex couples have better
mental health outcomes than those who remain in the foster care system
(Patterson & Riskind, 2010). Here, by adopting hard-to-place children,
same-sex couples can reduce the burden on the foster care system and save
taxpayer money. According to a report by the Williams Institute, same-sex
couples who adopt from foster care save an estimated $3,600 to $6,000 per
child in state costs (Gates, 2013). Moreover, allowing same-sex couples to
adopt can increase diversity in the adoptive family pool, providing children
with more options for finding a permanent home. This can be especially
important for children of colour, who are overrepresented in the foster care
system (Herring, 2012)
Reducing HIV/AIDS transmission
There have been several studies conducted on the relationship between same-sex
marriage legalization and the rates of STIs. One study published in the
Journal of Health Economics in 2018 analyzed data from 25 years of same-sex
marriage policy in the United States and found that the legalization of
same-sex marriage was associated with a significant decrease in syphilis rates
among men who have sex with men (MSM) (Hall et al., 2018). Another study
published in the American Journal of Public Health in 2018 analyzed data from
2004 to 2015 in the United States and found that states with legalized
same-sex marriage had lower rates of new HIV diagnoses among MSM compared to
states without same-sex marriage legalization (Kiang et al., 2018).
Similarly, a study published in the Lancet HIV in 2019 analyzed data from
2004 to 2016 in the United States and found that same-sex marriage
legalization was associated with a significant reduction in HIV diagnoses
and STIs among MSM (Stephenson et al., 2019). In addition, more studies have
also tried to demonstrate it’s associated with lower rates of new HIV
diagnoses among MSM (Balsam et al., 2011). Legalizing same-sex marriage
could help to reduce stigma and discrimination against MSM, who are often
marginalized and at higher risk of HIV/AIDS transmission, and promote
greater access to healthcare and HIV/AIDS prevention services (Poteat et
al., 2013).
All these studies provide strong empirical evidence that same-sex marriage
legalization has a positive impact on reducing the rates of STIs among
MSM. The legalization of same-sex marriage provides MSM with increased
access to healthcare, including regular STI testing and treatment, which
can help to reduce the spread of STIs. In addition, the social and legal
recognition of same-sex relationships may help to reduce stigma and
discrimination against MSM, which can also contribute to a reduction in
the rates of STIs.
Promoting social inclusion and reducing discrimination
There is evidence that legalizing same-sex marriage can have a positive
impact on promoting social inclusion and reducing discrimination against
LGBTQ+ individuals. One study conducted by the Williams Institute found
that legalizing same-sex marriage was associated with reduced anti-gay
sentiments among heterosexual individuals. Specifically, the study found
that in states where same-sex marriage was legalized, individuals were
less likely to express negative attitudes towards same-sex relationships
and were more likely to support legal protections for LGBTQ+ individuals
(Hatzenbuehler et al., 2012).
Furthermore, a study conducted by the Center for American Progress found
that legalizing same-sex marriage can have economic benefits for LGBTQ+
individuals and promote social inclusion. The study found that same-sex
couples who are legally married have access to more than 1,100 federal
benefits and protections that were previously unavailable to them. These
benefits include Social Security survivor benefits, immigration rights,
and tax benefits, among others. By providing access to these benefits,
legalizing same-sex marriage can promote social inclusion and help to
reduce economic inequality among LGBTQ+ individuals (Center for American
Progress, 2012). Legal recognition of same-sex relationships can lead to
positive changes in public attitudes towards LGBTQ+ individuals and
reduce negative stereotypes and biases (Herek, 2000). For example, a
study published in the journal AIDS and Behavior found that legalizing
same-sex marriage was associated with reduced implicit and explicit
anti-gay discrimination (Hatzenbuehler et al., 2012). Legal recognition
of same-sex relationships was also associated with improved mental
health outcomes for LGBTQ+ individuals (Pachankis, 2013).
Overall, there is evidence to suggest that legalizing same-sex
marriage can have a positive impact on promoting social inclusion and
reducing discrimination against LGBTQ+ individuals.
Improving mental health outcomes
Studies have consistently shown that LGBTQ+ individuals are at
increased risk for poor mental health outcomes, including depression,
anxiety, and suicidality (Meyer, 2003). Legalizing same-sex marriage
could help to reduce the stigma and social exclusion that contribute
to these negative mental health outcomes (Hatzenbuehler, 2009). For
example, a study published in the journal Current Directions in
Psychological Science found that structural stigma is associated with
negative mental health outcomes (Meyer, 2015). Additionally, a study
published in the journal JAMA Pediatrics found that the implementation
of same-sex marriage policies in the United States was associated with
a reduction in suicide attempts among high school students, including
LGBT students. The study analyzed data from the Youth Risk Behavior
Surveillance System (YRBSS) and found that suicide attempts among high
school students decreased by 7% overall and by 14% among LGBT students
after the implementation of same-sex marriage policies (Raifman et
al., 2017).
Another study published in the American Journal of Public Health
found that the legalization of same-sex marriage in the United
States was associated with a reduction in suicide attempts among
LGBT individuals. The study analyzed data from the Behavioral Risk
Factor Surveillance System (BRFSS) and found that the prevalence of
suicide attempts among LGBT individuals decreased by 14% after the
legalization of same-sex marriage (Liu & Mustanski, 2018).
Similarly, a study published in the journal Social Science &
Medicine found that the legalization of same-sex marriage in the
United States was associated with a reduction in mental health
disorders among LGBT individuals. The study analyzed data from the
National Health Interview Survey (NHIS) and found that the
prevalence of mood disorders, anxiety disorders, and alcohol use
disorders decreased among LGBT individuals after the legalization of
same-sex marriage (Hatzenbuehler et al., 2018). Also, in a study
conducted in the Netherlands, researchers found that the
legalization of same-sex marriage was associated with a reduction in
mental health problems among same-sex couples. The study analyzed
data from the Longitudinal Internet Studies for the Social Sciences
(LISS) panel and found that same-sex couples experienced a reduction
in depressive symptoms and an increase in life satisfaction after
the legalization of same-sex marriage (Kuyper & Wijsen,
2014).
In conclusion, there is empirical evidence to suggest that
legalizing same-sex marriage has a positive impact on mental health
outcomes. Studies have shown that individuals in countries that have
legalized same-sex marriage experience improved mental health,
including reduced rates of depression and suicide. Furthermore,
same-sex couples who are legally married have reported higher levels
of life satisfaction and mental well-being. The legal recognition of
same-sex marriage also provides social support and acceptance, which
can reduce the stigma and discrimination that LGBTQ+ individuals may
face, ultimately improving mental health outcomes. Overall, the
evidence suggests that legalizing same-sex marriage is a positive
step towards improving mental health outcomes for LGBTQ+
individuals.
Promoting economic benefits
The legalization of same-sex marriage has the potential to bring
about several economic advantages. Firstly, it can lead to an
increase in tourism and business as same-sex couples who were
previously unable to marry may now travel to the country to get
married. This can result in a boost in revenue for wedding-related
services such as florists, caterers, and hotels. Secondly,
legalizing same-sex marriage can result in an increase in tax
revenue as same-sex couples who are married can file joint tax
returns, which can potentially bring in more tax revenue for the
government. Thirdly, allowing same-sex couples to marry can also
promote workplace diversity and inclusion, leading to more
productive and innovative work environments. This, in turn, can help
businesses attract and retain talented employees. Furthermore,
legalizing same-sex marriage can also result in savings for
employers as they will no longer have to provide additional benefits
for domestic partners, which can be expensive.
Moreover, research has shown that legalizing same-sex marriage can
have positive economic benefits. A report by the Williams
Institute at the UCLA School of Law found that legalizing same-sex
marriage can result in increased spending by same-sex couples on
wedding-related goods and services, leading to a boost in local
and state economies (Badgett, Lee & Sears, 2007).
Additionally, a study published in the Journal of Policy Analysis
and Management revealed that legalizing same-sex marriage in the
US resulted in a net gain of over $3.5 billion in consumer
spending and increased state and local tax revenue (Meyer &
Wilson, 2009). Moreover, a study by the Congressional Budget
Office estimated that the legalization of same-sex marriage in the
US could generate $1 billion in federal revenue over ten years
(Congressional Budget Office, 2004). Companies that promote
diversity and inclusivity, including support for same-sex
marriage, tend to have higher employee morale, better performance,
and increased profitability (Carter & Wagner, 2011; Desvaux,
Devillard-Hoellinger, & Meaney, 2008). This is because a
diverse workforce brings in different perspectives, ideas, and
experiences, leading to more innovative solutions and higher
productivity.
Overall, legalizing same-sex marriage can have significant
economic benefits and can positively impact both individuals and
society as a whole.
Upholding human rights
Finally, legalizing same-sex marriage is consistent with
international human rights standards (Roberts et al., 2012).
Legalizing same-sex marriage would help to promote greater
equality and respect for LGBTQ+ individuals and uphold their human
rights (Cianciotto and Cahill, 2012). There is evidence to suggest
that legalizing same-sex marriage has a positive impact on
upholding human rights.
First and foremost, we have to
consider that, legal recognition of same-sex marriage is a
fundamental aspect of equality and non-discrimination, which are
core human rights principles. By allowing same-sex couples to
marry, governments are recognizing their right to equal treatment
under the law. This has been recognized by various international
human rights organisations, including the United Nations. For
example, in 2011, the United Nations Human Rights Council passed a
resolution stating that "human rights and fundamental freedoms are
the birthright of all human beings, and that the universal
application of these rights is essential for the full and equal
enjoyment of these rights by all persons, regardless of their
sexual orientation or gender identity" (United Nations Human
Rights Council, 2011).
Legalizing same-sex marriage can help to reduce stigma and
discrimination against LGBTQ+ individuals. When same-sex marriage
is legalized, it sends a message that LGBTQ+ individuals are equal
members of society and deserving of the same rights and
protections as everyone else. This can help to reduce social
stigma and discrimination, which can have a positive impact on
mental health and well-being. For example, a study conducted in
the United States found that the legalization of same-sex marriage
was associated with a significant reduction in the rate of suicide
attempts among LGBTQ+ youth (Raifman et al., 2017). Furthermore,
it can have positive economic and social effects. When same-sex
couples are allowed to marry, they are able to access a range of
legal and economic benefits that were previously unavailable to
them. For example, they may be able to file joint tax returns,
access health insurance benefits, and inherit property without
facing additional taxes or legal barriers. This can have a
positive impact on the economic stability of same-sex couples and
their families. Additionally, same-sex marriage can promote social
cohesion and stability by recognizing and supporting a diverse
range of families (Carpenter & Gates, 2008).
In conclusion, legalizing same-sex marriage in India is a critical
step towards promoting equality, reducing discrimination,
improving mental health outcomes, reducing HIV/AIDS transmission,
promoting economic benefits, and upholding human rights. Despite
the challenges and opposition, the potential benefits of
legalizing same-sex marriage are supported by empirical data and
suggest that it is a step that India should consider taking.
Legalizing same-sex marriage would provide same-sex couples with
the same legal rights and protections as opposite-sex couples. It
would send a powerful message to the LGBTQ+ community that they
are equal members of society, deserving of the same rights and
respect as everyone else. Legalizing same-sex marriage could also
have positive impacts on mental health and well-being, reduce
social stigma and discrimination, and promote social cohesion and
stability.
While legalizing same-sex marriage alone may not solve all the
challenges faced by the LGBTQ+ community, it is a crucial step
towards creating a more inclusive and accepting society. India has
a rich history of diversity and inclusivity, and legalizing
same-sex marriage would uphold these values and promote greater
equality and respect for all individuals. Overall, legalizing
same-sex marriage is not only a matter of legal recognition, but
also a matter of social justice, equality, and human rights. It is
time for India to take a bold step forward and legalize same-sex
marriage, thereby making a significant contribution to the global
struggle for LGBTQ+ rights and equality.
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