scholarly journals Pengaturan Hubungan Menyimpang di Luar Perkawinan bagi Lesbian Dan Gay dalam Perspektif Hukum Hindu

2021 ◽  
Vol 2 (1) ◽  
pp. 83-87
Author(s):  
I Kadek Grendy Bhineka ◽  
I Nyoman Putu Budiartha ◽  
Ni Made Puspautari Ujianti

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Humans were created to pair men with women in order to continue the lineage, but there are a group of people who behave like the same sex and want to legalize their actions up to the level of marriage through the laws in force in their country. This of course cannot be accepted by some people who contradict same-sex marriage behavior which is commonly referred to as Lesbian, Gay, Bisexual and Transgender, hereinafter referred to as LGBT. This study aims to explain the arrangement of deviant relationships outside of marriage for LGBT people in the perspective of Hindu law. The second one describes the religious perspective in dealing with LGBT perpetrators. This research is designed to use normative legal research with a juridical approach through the hermenutic method. The data used are secondary and primary data which are analyzed qualitatively. The results show Hinduism, there is no single verse or ceremony which legalizes that gay and lesbi can have a marriage or relationship, meaning that it is not allowed to marry, especially with a sacred ceremony, Vedic mantra puja, the second one should not isolate or discriminate but provide education to treat Humanly, gay and lesbian perpetrators must provide protection or educate the perpetrator whether he is accommodated in a place and then given direction or counseling so that the perpetrator is aware of LGBT behavior.

Author(s):  
Karolina Lisy ◽  
Nick Hulbert-Williams ◽  
Jane M. Ussher ◽  
Alison Alpert ◽  
Charles Kamen ◽  
...  

People identifying as lesbian, gay, bisexual, or transgender (LGBT) often experience unique issues and needs in the context of cancer care. These include experiences and fear of discrimination within heteronormative healthcare environments, assumptions of cisgender/heterosexual identity, exclusion of same-sex partners from care, and a lack of relevant supportive care and information resources. There are also unique impacts of cancer and treatment on LGBT sexuality and fertility. To provide the best possible care for LGBT people living with and after cancer, providers must understand the specific needs of LGBT people and be aware of strategies to deliver inclusive healthcare services. This chapter presents key background information to contextualize the needs of LGBT people with cancer before discussing specific challenges that LGBT people may face when accessing cancer care. We provide guidance for general cancer care, as well as specific concerns regarding the sexual health and fertility needs of LGBT patients. Finally, we outline issues for consideration by healthcare services seeking to advance LGBT awareness and improve care for this patient group.


Author(s):  
Gary R. Hicks

The public’s perception of, beliefs about, and interest in LGBT individuals and the issues impacting them has long had great significance to the community’s social, political, and legal progress. The last decade has seen monumental changes in public attitudes about LGBT people and the laws that affect them in the United States and around the world. Much of this change has been positive, including the landmark Supreme Court decision to legalize same-sex marriage. In some parts of the world—even those that have witnessed great strides for LGBT equality—there have also been signs of a backlash against the community’s newfound rights and visibility in society. Stereotypes of LGBT individuals, mostly negative, have been responsible for much of this reaction, as well as their historically negative view in by the public. In the 20th and 21st centuries, the mass media has played a major role in creating and perpetuating these stereotypes.


2018 ◽  
Vol 14 (3) ◽  
pp. 620
Author(s):  
Timbo Mangaranap Sirait

Diskursus hubungan antara hukum dengan “moral” dan “fakta” selalu saja menarik untuk dibahas di kalangan sarjana hukum. Hukum kodrat irrasional adalah teori hukum besar yang pertama yang cara pandangnya theocentris mengakui bahwa hukum bersumber dari “moralitas” Tuhan YME. Derivasi nilai moral universal ternyata semakin bermetamorfosa dalam berbagai fenomena kehidupan kemudian dituntut agar diperlakukan setara di hadapan hukum. Di berbagai belahan dunia, Gerakan LGBT (Lesbian, Gay, Biseksual, dan Transgender) dengan perjuangan perkawinan sesama jenis berkembang semakin luas dan telah memfalsifikasi dominasi perkawinan kodrati heteroseksual. Untuk itu, perlu ditilik secara reflektif filosofis akseptabilitas Konstitusi Indonesia atas perkawinan sesama jenis ini. Penelitian ini dilakukan dengan metode pendekatan yuridis normatif melalui cara berpikir deduktif dengan kriterium kebenaran koheren. Sehingga disimpulkan: pertama, kritikan hukum kodrat irrasional yang teosentris terhadap perkawinan sesama jenis, menganggap bahwa sumber hukum adalah “moral” bukan “fakta”, oleh karenanya aturan perundang-undangan dipositifkan dari/dan tidak boleh bertentangan dengan moral Ketuhanan. Oleh karena itu, menurut hukum kodrat irrasional perkawinan sesama jenis tidak mungkin dapat diterima dalam hukum karena bertentangan dengan moralitas Ketuhanan Y.M.E. Kedua, bahwa Konstitusi Indonesia menempatkan Pancasila sebagai grundnorm dengan sila Ketuhanan Yang Maha Esa menjadi fondasi dan bintang pemandu pada Undang-undang Perkawinan Indonesia, yang intinya perkawinan harus antara pria dan wanita (heteroseksual) dengan tujuan membentuk keluarga (rumah tangga). Perkawinan sesama jenis juga tidak dapat diterima karena ketidakmampuan bentuk perkawinan ini untuk memenuhi unsur-unsur utama perkawinan, untuk terjaminnya keberlangsungan kemanusiaan secara berkelanjutan (sustainable).The discourse of relationships between law, moral and facts are always interesting to be discussed among legal scholars. Irrational natural law is the first major legal theory that which theocentris worldview admit that the law derived from the “morality” of the God. The derivation of universal moral values appear increasingly metamorphosed into various life phenomena then are required to be treated equally before the law. In different parts of the world the movement LGBT (Lesbian, Gay, Bisexual, and Transgender) struggle for same-sex marriage has grown falsified domination of heterosexual marriage. Therefore it is necessary be a reflective philosophical divine the acceptability of the Constitution of Indonesia on same-sex marriage. This research was conducted by the method of normative juridical approach, in the frame of a coherent deductive acknowledgement. Concluded, Firstly, criticism Irrational natural law against same-sex marriage, assume that the source of the law is a “moral” rather than “facts”, therefore the rules of law are made of / and should not contradict with the morals of God. Therefore, according to irrational natural law that same-sex marriage may not be accepted in law as contrary to morality God. Secondly, That the Constitution of Indonesia puts Pancasila as the basic norms to please Almighty God be the foundation and a guiding star in the Indonesian Marriage Law, which is essentially a marriage should be between a man and a woman (heterosexual) with purpose of forming a family. Same-sex marriage is not acceptable also because of the inability to fulfill marriage form of the major elements of marriage, ensuring the sustainability of humanity in a sustainable manner.


2016 ◽  
Vol 9 (1) ◽  
pp. 56-56
Author(s):  
F. Aversa ◽  
◽  
F. Tripodi ◽  
F. M. Nimbi ◽  
R. Baiocco ◽  
...  

Objective: Several researches investigated the attitudes of heterosexuals and LGBT people towards marriage and parenting of lesbians and gays. The objective of the present study is to explore the correlation between these attitudes and levels of sexism, social homophobia and internalized sexual stigma. Design and Method: The participants were 826 (534 F, 292 M), aged between 17 and 70. 59,8% defined him/her-self as “exclusively heterosexual”, 29,2% as “exclusively homosexual” and 11% as “bisexual”. The following tests have been administered: Questionnaire on socio-demographic Information, Ambivalent Sexism Inventory; Measure of Internalized Sexual Stigma for Lesbians and Gays; Modern Homophobia Scale, The Katuzny Same-sex Marriage Scale; D’Amore and Green Same-sex Parenting Scale. Results: Positive correlations have been found between: sexism and homophobia (r = .378; p < .01) and sexism and internalized sexual stigma (r = .320; p < .01). Male subjects obtained higher scores in sexism (F(1,559) = 15,555; p < .01) and homophobia (F(1,559) = 44,977; p < .01). Heterosexuals were significantly less favorable regarding gay and lesbian marriage (F(1,821) = 96,936; p < .05) and parenthood (F(1,821) = 84,260; p < .05) compared to the non-heterosexuals. Heterosexual males were the most unfavorable towards parenting (F(1,821) = 4,786; p < .05). Conclusions: The results offer a contribution to scientific research which still has significant gaps regarding the attitude-associated variables towards marriage and parenting of people of the same gender. Sexual education at schools and clinic supervision interventions should take these evidences into account.


2021 ◽  
Vol 11 (2) ◽  
pp. 25-33
Author(s):  
Musyaffa Amin Ash Shabah

This study analyzes same-sex marriage and interfaith marriage in the perspective of HumanRights and Islamic Law. This research is a library research using the juridical-normative approachand descriptive analysis data. The results of the study show that same-sex marriage by nature hasagainst the nature of human life that is born to establish mental and biological bonds between theopposite sex, namely between men and women. The Positive Legal Review emphasizes that in theMarriage Law, it is stated that marriage is a physical and spiritual bond between a man and a womanto form a family or household and to carry on offspring and aim at upholding religious teachingsand carrying out customs. On the other hand, Islamic religious law also explicitly prohibits same-sexmarriage. As for the relation to interfaith marriage, if it is legalized, it is a violation of the constitution.Article 29 of the 1945 Constitution states that the State is based on the One Godhead (paragraph 1).The state guarantees the freedom of every resident to embrace his own religion and worship accordingto his religion and belief (verse 2). This article clearly states that the State guarantees every citizento practice his religious teachings. One form of freedom of religious worship is manifested in theimplementation of marriage. Religion regulates the procedures for marriage, including what is allowedand not done. Six religions recognized in Indonesia reject interfaith marriage. The legalization ofinterfaith marriage means that the government does not respect the prevailing rules in religion.


2017 ◽  
Vol 3 (1) ◽  
pp. 140
Author(s):  
Imelda Ginting

ABSTRACT: This article will firstly discuss in brief about the fact of the LGBT (Lesbian, Gay, Bisexual, and Transgender), situational ethics as its foundation for justification, and the community which fights for the legalization of the same-sex marriage. In this section, I will explain on the foundation which is used for justification of same-sex marriages legalization. After that, I will give a review on John Calvins moral law to assess whether the foundation which is used for that justification is appropriate. The finding of this article is that same-sex marriages legalization does not have an appropriate foundation according to Calvins moral law. Therefore, this cannot be accepted by the church. KEYWORDS: same-sex marriage, moral law, John Calvin.


Author(s):  
Scott N. Siegel ◽  
Stuart J. Turnbull-Dugarte ◽  
Brian A. Olinger

The rapid adoption of marriage equality legislation for non-heterosexual individuals in Europe is attributed to many factors, including dramatic shifts in public opinion, the work of transnational activists and changing international norms. Usually, these factors must be filtered through the halls of parliaments where most policy change happens. Given the importance of parliamentarians’ attitudes, it is surprising that we know so little about how attitudes towards same-sex marriage are distributed across political candidates in Europe and what factors shape them. This article fills that gap by using an underutilised dataset on the political preferences of candidates for parliamentary office. We find that beyond attachment to party families, a candidate’s religiosity and practice has a greater effect on a would-be Member of Parliament’s attitudes towards same-sex marriage. The findings suggest that the success of parliamentary action on lesbian, gay, bisexual and transgender rights depends not on the partisan composition of the legislature, but rather on the representation of secular candidates.<br /><br />Key messages<br /><ul><li>Support among parliamentary candidates aspiring to become legislators is an important prerequisite for the advancement of lesbian, gay, bisexual and transgender rights in polities where institutional equality is brought about via legislative reforms.</li><br /><li>Over and above partisanship attachment and ideological positions, the religiosity of would-be Members of Parliament is important in establishing support for same-sex marriage.</li><br /><li>The secular composition of legislative chambers, rather than its partisan composition, is more likely to predict the success of the advancement of lesbian, gay, bisexual and transgender rights.</li></ul>


Author(s):  
Kath Wilson

Attitudes toward LGBT people have changed in Europe since the 1990s; there is generally much more tolerance and acceptance. Evidence drawn from surveys and research projects including the European Social Survey, European Values Study, and Pew Research Center illustrate the types of attitudes that have changed, and in which European countries change has occurred. A comparison of attitudes and tolerance across Europe indicates that some countries and groups of countries are more accepting of LGBT people. North-western European nations appear high in the tolerance rankings of trend surveys, while more easterly European nations have not always followed this progression. Indeed, in cases such as Russia and Chechnya, “propaganda laws” have denied LGBT people basic human rights. Hostility toward and violence against LGBT people is perpetrated with seeming impunity in these areas. Factors that influence attitudes toward LGBT people and their rights include democracy and economic development, religiosity, global forces, and degrees of contact. There is a clear link between legislation and attitudes; in countries where legislation is in place and, for example, where same-sex marriage is legal, surveys overwhelmingly show a higher acceptance of LGBT people. Legislation is a powerful influence in shaping social attitudes, so it is important to consider the legislation adopted by various European countries. Institutions such as the European Union are effective in providing protections for LGBT citizens as well as leading on areas such as the Common European Asylum System (CEAS). There has been “pushback” in terms of change and one of the more contested areas is same-sex marriage. While the trend since the late 20th century has seemed to be toward introducing same-sex marriage, a number of countries, largely in Eastern Europe, have introduced constitutional bans on same-sex marriage, defining marriage as solely between a man and woman. The position of trans and non-binary people is particularly perilous since there is very little legislative protection in place for them. There has been a positive change in attitudes and legislation across Europe which has enhanced the lived lives of LGBT people; these changes, however, have not been even or uniform across the area.


2020 ◽  
Vol 18 (Sup9) ◽  
pp. S26-S32
Author(s):  
Pip Chandler

Speaking with a female patient and her same-sex partner about their experiences of colorectal cancer and ileostomy surgery led to reflection on how specialist nursing care could be made more inclusive of the needs of lesbian, gay, bisexual and transgender (LGBT) people. The LGBT community includes people who are attracted to the same sex and/or identify as a different gender to the one they were assigned at birth. LGBT people in the UK have experienced a long history of discrimination and only begun to win legal protections over the past two decades, an experience that still affects the older generation especially. Compared with the general population, LGBT people are more likely to report poor health status, experience mental health issues and engage in risky behaviours; however, many are reluctant to attend healthcare services due to fear of discrimination. UK LGBT rights charity charity Stonewall surveys have revealed some discriminatory attitudes and widespread unconscious bias among health and social care staff. For health professionals, it can be a challenge to use the correct terminology to avoid causing offen ce, and there is a largely unmet need for inclusion training to improve their understanding and confidence to speak with patients about sexual preference and gender identity. However, confident LGBT inclusivity can be achieved with simple communication skills, such as equal treatment for same-sex partners, acknowledgement of post-transition names and pronouns and discretion in documentation, as well as awareness of verbal and non-verbal cues. Clinic environments can be made more LGBT-friendly with gender-neutral toilets, as well as wearable LGBT symbols, inclusive imagery and posters and literature that promotes LGBT rights, inclusion and support groups. Specialist nurses can act as role models and advocates for LGBT patients and colleagues in their area through small but impactful actions.


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