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News Commentary: India Decriminalizes Homosexuality

  • July 2, 2009

NYT: Indian Court Overturns Gay Sex Ban –
Despite having long been a taboo diversity topic in India, the Delhi High Court, India’s highest, took a huge cultural leap with this verdict. The 105-page decision declared, “The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognizing a role in society for everyone. Those perceived by the majority as ‘deviants’ or ‘different’ are not on that score excluded or ostracized.”  It is India’s first to directly address rights for gay men and lesbians. ‘

This change sets the stage for what will surely be appeals for a reversal as well as more court challenges to folllow through on the ruling ‘s implications including sanctioning gay civil unions and even marriage. Already Canada, Mexico, South Africa, over a dozzen European countries, and seven U.S. states allow for gay marriage or civil unions.

India’s court decision and that of four U.S. states in just the past few months, illustrate that LGBTQA issues are best addressed as a civil rights issue rather than as an election issue.

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