scholarly journals A Comparative Study of Gay and Lesbian Movement in Indonesia and America for the Struggle of Equality Recognition

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Aprilina Pawestri ◽  
Supanto Supanto ◽  
Isharyanto Isharyanto
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Gay And Lesbian ◽  
Same Sex ◽  
Gay Liberation ◽  
Supreme Court Ruling ◽  
Same Sex Marriage ◽  
Human Rights Protection ◽  
United State ◽  
Gays And Lesbians

Abstract:Studies of sexual orientation or sexual behavior in homosexual groups have been carried out from various aspects, such as religion, health, psychology, philosophy, anthropology or law. This paper aims both on conducting studies of sexual orientation in gays and lesbians, and also in its movement. This study focuses on the comparison by discussing the history of the entry of gays and lesbians in America first. United State has made a policy with the granting of same-sex marriage rights through the 2015 Obergefell Supreme Court ruling; hence, the rejection of same-sex marriage was unconstitutional action. Churches also dare to facilitate the process of same-sex marriage, by reason of following state decisions. The LGBT movement especially gays as a pioneer called the Gay Liberation Movement has a strong influence in America in fighting for equality, and has a big contribution to the granting of the right to same-sex marriage. This right is also supplemented by adoption rights. If this condition is compared to Indonesia which has lots of similar movement and becomes one of the biggest movements in Southeast Asia, in contrast, the majority of people reject the status. Meannwhile, gays and lesbians demand on the basis of human rights protection. Related to this condition, Indonesia has different views on human rights values. Human rights have universal principles, yet the actualization of human rights can be particular. Indonesia could be like America, if there are no regulations and restrictions on gay and lesbian individuals with differences in their sexual orientation, including the and lesbian movements.Keywords: Movement, Gay, Lesbian, United State, Equality Recognition

scholarly journals PERKAWINAN SEJENIS DALAM KAJIAN ISLAM

2016 ◽  
Vol 8 (1) ◽  
pp. 87
Author(s):  
Muhammad Arif Zuhri
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Psychological Factors ◽  
Islamic Law ◽  
Point Of View ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Islamic Studies ◽  
Muslim Society ◽  
Moral Principles

One of cases in islamic law today is same-sex marriage. The case sparked a controversy in muslim society. On theone hand, the case can be seen as an integral part of a person’s rights to meet the biological needs, but on the otherhand is seen as a violation of religious norms and moral principles. Those who have a sexual orientation towardsthe same gender (homosexual), which was also approved this orientation, continue to get same-sex marriagelegalization because a sense of love towards the same sex due to biological and psychological factors is viewed aspart of human rights. This paper attempts to examine same-sex marriage from the point of view of Islamic studies.[Salah satu kasus dalam hukum Islam saat ini adalah perkawinan sesama jenis. Kasus ini memicukontroversi. Di satu sisi, kasus tersebut dapat dipandang sebagai bagian tidak terpisahkan dari hakhakasasi seseorang untuk memenuhi kebutuhan biologisnya, tetapi di sisi lain dipandang sebagaipelanggaran norma keagamaan dan moral yang prinsip. Mereka yang memiliki orientasi seksualterhadap gender yang sama (homoseksual), juga yang menyetujui orientasi ini, terus berupaya untukmendapatkan pelegalan perkawinan sejenis karena rasa suka terhadap sesama jenis yang disebabkanfaktor biologis dan psikologis dipandang sebagai bagian dari hak-hak asasi manusia (HAM). Tulisanini mencoba untuk menelaah perkawinan sesama jenis dari sudut pandang kajian Islam].

scholarly journals A Gay Federation: The Effects of Federalism on the Lesbian and Gay Movement in Canada

Federalism-E ◽  
1969 ◽  
Vol 14 (1) ◽  
pp. 58-66
Author(s):  
Morag Keegan-Henry
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Sex Partners ◽  
Same Sex ◽  
Specific System ◽  
Same Sex Marriage ◽  
Lesbian And Gay ◽  
Bisexual And Transgender ◽  
Gays And Lesbians ◽  
Gay Movement

Alan Cairns argues that “federalism is not enough” to deal with non-territorial minorities.1 This certainly seems to have been the case with the Canadian LGBT (lesbian, gay, bisexual, and transgender)2 movement. In some ways, federalism (the specific system of sovereignty-sharing wherein both levels of government are co-equal and each is sovereign in areas under its jurisdiction) has directly inhibited attempts to stop discrimination, provide benefits to common-law same-sex partners, and legalize same-sex marriage. First, prior to the introduction of the Charter of Rights and Freedoms in 1982, human rights cases were usually decided on the basis of jurisdiction, thus severely limiting the ability of activists to challenge discriminatory laws. Second, activists who wish to limit the allocation of rights to gays and lesbians have used arguments regarding provincial rights to frame the debate as a question of constitutionality rather than of strictly human rights [...]

LAW, RELIGION, AND THE POLITICIZATION OF SEXUAL CITIZENSHIP IN KENYA

2021 ◽  
Vol 36 (1) ◽  
pp. 105-129
Author(s):  
Damaris Seleina Parsitau
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Difference ◽  
Family Values ◽  
Same Sex ◽  
Political Leaders ◽  
Negative Attitudes ◽  
Legal Norms ◽  
Sexual Orientations ◽  
Before And After

AbstractIn Kenya, debates about sexual orientation have assumed center stage at several points in recent years, but particularly before and after the promulgation of the Constitution of Kenya in 2010. These debates have been fueled by religious clergy and by politicians who want to align themselves with religious organizations for respectability and legitimation, particularly by seeking to influence the nation's legal norms around sexuality. I argue that through their responses and attempts to influence legal norms, the religious and political leaders are not only responsible for the nonacceptance of same-sex relationships in Africa, but have also ensured that sexuality and embodiment have become a cultural and religious battleground. These same clergy and politicians seek to frame homosexuality as un-African, unacceptable, a threat to African moral and cultural sensibilities and sensitivities, and an affront to African moral and family values. Consequently, the perception is that homosexuals do not belong in Africa—that they cannot be entertained, accommodated, tolerated, or even understood. Ultimately, I argue that the politicization and religionization of same-sex relationships in Kenya, as elsewhere in Africa, has masked human rights debates and stifled serious academic and pragmatic engagements with important issues around sexual difference and sexual orientation while fueling negative attitudes toward people with different sexual orientations.

scholarly journals Democratic Values, Religiosity, and Support for Same-Sex Marriage in Latin America

2017 ◽  
Vol 59 (4) ◽  
pp. 75-98 ◽  
Author(s):  
Michelle L. Dion ◽  
Jordi Díez
Keyword(s):  
Human Rights ◽  
Latin America ◽  
Latin American ◽  
Capital City ◽  
Religious Values ◽  
Democratic Values ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Same Sex Couples ◽  
Latin American Countries

AbstractLatin America has been at the forefront of the expansion of rights for same-sex couples. Proponents of same-sex marriage frame the issue as related to human rights and democratic deepening; opponents emphasize morality tied to religious values. Elite framing shapes public opinion when frames resonate with individuals’ values and the frame source is deemed credible. Using surveys in 18 Latin American countries in 2010 and 2012, this article demonstrates that democratic values are associated with support for same-sex marriage while religiosity reduces support, particularly among strong democrats. The tension between democratic and religious values is particularly salient for women, people who live outside the capital city, and people who came of age during or before democratization.

scholarly journals 權利與善——論同性婚姻

2018 ◽  
Vol 16 (2) ◽  
pp. 99-114
Author(s):  
Xudong FANG
Keyword(s):  
Human Rights ◽  
Equal Rights ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Digital Commons ◽  
Reductio Ad Absurdum ◽  
Traditional Marriage ◽  
Heterosexual Marriage ◽  
The Ideal

LANGUAGE NOTE | Document text in Chinese; abstract also in English.本文由兩個部分構成，第一部分闡述了不反對同性婚姻合法化的理由，逐一討論了對同性婚姻合法化的五種反對意見，認為它們都不成立。第二部分論述了儒家推崇異性婚姻的原因，其主要考慮是同性婚姻不能像異性婚姻那樣可以提供倫理的完整性。作者強調，作為公民權利，同性婚姻可以被自由追求，但作為儒家則以異性婚姻為婚姻的理想模式。前者事關權利，後者事關“善”，有各自的界限，不得逾越。This paper consists of two parts. In the first part, the author refutes, one by one, five objections to the legalization of same-sex marriage, including arguments grounded in naturalness, origin, reductio ad absurdum, compromising traditional marriage, and Jiang Qing’s doctrine of particular human rights. The strongest reason for advocating the legalization of same-sex marriage is the doctrine of equal rights. As contemporary people, we have no reason to deny that all individuals have equal rights. The second part discusses why Confucianism prefers heterosexual marriage. The main consideration is that same-sex marriages cannot provide ethical integrity, as heterosexual marriages do. The author emphasizes that, as a civil right, same-sex marriage can be pursued freely, but for a Confucian, heterosexual marriage is the ideal mode of marriage. The former concerns what is “right,” whereas the latter relates to what is “good.” There is an insurmountable boundary between right and good.DOWNLOAD HISTORY | This article has been downloaded 423 times in Digital Commons before migrating into this platform.

Sexual Orientation as a Human Right

2015 ◽  
pp. 70-85
Author(s):  
Despina A. Tziola
Keyword(s):  
Human Rights ◽  
Sexual Orientation ◽  
Sexual Identity ◽  
Complex Problem ◽  
Same Sex ◽  
Human Right ◽  
Cultural Rights ◽  
The United Kingdom ◽  
Sexual Orientations ◽  
The Supreme Court

In this chapter, the authors examine the matter of sexual orientation as a human right. Human rights violations take many forms, from denials of the rights to life to discrimination in accessing economic, social, and cultural rights. More than 80 countries still maintain laws that make same-sex consensual relations between adults a criminal offence. Those seeking to peaceably affirm diverse sexual orientations or gender identities have also experienced violence and discrimination. A gay man was entitled to live freely and openly in accordance with his sexual identity under the Refugee Convention (“the Convention”) and it was no answer to the claim for asylum that he would conceal his sexual identity in order to avoid the persecution that would follow if he did not do so. The Supreme Court of the United Kingdom had to solve this complex problem as many issues were raised in the hearing.

Public Accommodations

2022 ◽  
pp. 13-33
Author(s):  
Karla L. Drenner
Keyword(s):  
Sexual Orientation ◽  
Religious Freedom ◽  
Freedom Of Speech ◽  
Freedom Of Religion ◽  
Same Sex ◽  
Same Sex Marriage ◽  
Historical Approach

The chapter examines potential issues posed by the wide variety of state public accommodation statutes in the context of sexual orientation and religious freedom. The historical approach to antidiscrimination will briefly be examined. A review of recent cases of discrimination due to the legalization of same-sex marriage are analyzed in the context of the arguments regarding freedom of speech and freedom of religion.

2. The Formation and Recognition of Adult Relationships:

2016 ◽  
Author(s):  
Ruth Gaffney-Rhys
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Same Sex ◽  
Forced Marriage ◽  
Same Sex Marriage ◽  
Adult Relationships ◽  
Questions And Answers ◽  
Opposite Sex ◽  
The Difference ◽  
The Right

The Concentrate Questions and Answers series offers the best preparation for tackling exam and assignment questions. Each book includes key debates, typical questions, diagram answer plans, suggested answers, author commentary and tips to gain extra marks. This chapter considers the formation and recognition of adult relationships i.e. marriage, same-sex marriage, civil partnerships and cohabitation. The questions included in this chapter cover: the right to marry contained in article 12 of the European Convention on Human Rights; forced marriage; the difference between opposite-sex marriage, same-sex marriage and civil partnerships and the difference between marriage and cohabitation.

Inclusivity the Brazilian Way: The Road to Same-sex Marriage in the Episcopal Anglican Church of Brazil

2020 ◽  
Vol 18 (1) ◽  
pp. 9-28
Author(s):  
Luiz Carlos Teixeira Coelho Filho
Keyword(s):  
Sexual Orientation ◽  
Gender Identity ◽  
Same Sex ◽  
Anglican Church ◽  
Same Sex Marriage ◽  
The Road ◽  
Brazilian Society ◽  
Local Sources ◽  
English Speaking ◽  
English Speaking World

AbstractIn June 2018, the Igreja Episcopal Anglicana do Brasil’s (IEAB) General Synod voted, by an overwhelming majority, to amend its canons by redefining marriage as a ‘lifelong union between two people, regardless of sexual orientation or gender identity’.2 In this essay, I intend to describe the process that led to such decision both as the result of major changes that happened in Brazilian society and as a response to IEAB’s inner process of discernment and theology-making in parallel with other Anglican provinces. Rather than merely copying theological developments and discussions produced in the English-speaking world, IEAB creatively engaged foreign and local sources (Anglican and non-Anglican), thus producing a contextually based theology that led to its embracing of same-gender couples as full members, worthy of all sacraments and rites.

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