This paper seeks to draw a projectory glance to the future of same sex marriages in the Kenyan Context. Same sex relationships leave alone the marriage, is a contentious issue in the world today. The American society is the major pioneer of the enactment of the legislation that supports same sex partnerships and marriages. This mirrors the status of most developed economies. Same sex relationships in various nations world-wide especially the Muslim-religion based, consider the ideology just but a “taboo”. These nations usually have dire consequences for persons caught in such an act and such consequences may include imprisonment and even death in some cases. In Africa the reality is that same sex relationships and marriages are happening, though not publicly because most constitutions do not recognize such arrangements. In Kenya the same sex marriages have started to take shape and the relationships have become rampant but because of lack of legislative support, they are still not publicly proclaimed. Though there has been a lot of push from mobilized groups like the Lesbian Gay Bisexual Transgender and Intersex (LGBTI) community which coupled with support from the Kenya Human Rights Commission and other Civil Society Organizations, seeking the approval and recognition of such partnerships; the Kenyan legislation is still adamant in pursuit of these proposals. This paper therefore, seeks to arrive at a standpoint that due to the stigmatization of same sex partnerships or marriages by both the society and the legislature the only possible approach to arrive to a consensus and offer equality to human rights, “Legalization may not be an “option” rather “Regulation” maybe the only possibility. Same Sex Partnership Global Overview St... ... middle of paper ... ... false imprisonment due to their sexual orientation. The Penal Code also suggests that same sex sexual-intercourse is considered an un-natural offense which is punishable by law which may expose one caught in the act up to fourteen years imprisonment. Though the law is still silent on these, it is still admissible to that effect. The code 2009 Cap. 162 also discloses that for persons committing a crime of carnal knowledge which is against the order of nature is deemed as a felony which may require the accused to serve up to seven years jail term. Thus claiming that any male who commits an act of gross indecency with another whether in public or in private is guilty of the felony (CoK, 2010). This represents a discriminatory legislative clause that is benign though still admissible. In retrospect, this negates that law supports the social injustice against the LGBTI.
sodomy with man or beast, he shall be punished with death by the sentence of a Court
Same sex marriage may seem, to some, a crazy idea as marriage in this country is built on the foundation of a man and a woman marrying, but Sullivan points out that until recent centuries marriage was a contract into which a woman entered so that she would be controlled by her husba...
Traditionally, people involved in homosexual relationships have suffered social persecution in Australia, and there was no legal recognition of their relationship. In recent decades however, these social views have changed, and the law has adapted to reflect societies changing opinion of same-sex relationships. While there has been progress in the recognition of same-sex relationships, the ultimate goal of advocates for same-sex relationships is for them to be seen as equal to opposite-sex relationships, in all regards. The main focus point of this aim for equality is the legalisation of same-sex marriage, which is a highly controversial issue, and has proven difficult for supporters of same-sex relationships to achieve.
The committee makes several recommendations in regards to changing the laws and legislations surrounding the incrimination of homosexuals for what had previously been considered sodomy. The basic premise being that “homosexual behaviour betwe...
In the United States, over 17 states have legalized same sex marriage. In addition, around 16 countries have been able to legalize gay marriages too. This was an incredible breakthrough since same sex marriages had increased over the years. Individuals have the right to marry and get married to their preferred partners. However, there is still an opposition on gay marriages from many groups around the globe today. The groups feel that same sex marriages should be illegal and that; they are against the law and violate the marriage institution. In addition, they argue that, gay marriages are against the biblic...
The phenomenon of same sex marriages is relatively new but is gaining popularity day by day. The notion has already been welcomed and enacted as law in different jurisdictions. However it lacks proponents within the UK legal system which is reluctant to allow such relationships to be regulated into marriages. There are two topical situations faced by English law which need to be considered: the right of same sex people to marry and the right of the transsexuals to marry a person of the opposite sex post their gender reassignment. Although English law stands in stark contrast compared to the other democratic states that have allowed same sex marriages. However there have been some recent developments in English law which demonstrate its approach towards the above two situations. This article will argue that the history of English marriage law is one in which the most provocative anxieties raised by transsexual and same sex spouses have been afforded considerable recognition. The first part of the essay outlines the reasoning of English law for non-recognition of same sex marriages celebrated overseas. While the second part points out the acknowledgement English law has afforded to transsexuals.
Same-sex marriage is one of the leading political topics in the United States today. There is an ongoing dispute pertaining to the legalization of same-sex marriages. America has shifted its head to focusing on supporting same-sex marriage or not. Many are for and against this topic but there has been no settlement for it yet. Homosexuals want to marry for the same reason that heterosexuals have and there should be no reason why they are not allowed to. There is some history behind this topic but there has yet to be a solution.
The Supreme Court ruled by a 5-to-4 vote that the Constitution guarantees a right to same-sex marriage. A recent news said that US president Barack Obama was pleased with the end of the passing a gay marriage law in New York state. New York will become the largest and latest state to legalize gay marriage. And the US leader said “it’s the time to allow the matrimony between gays for a nationwide policy” [2]. According to many years for fighting of the legalized same-sex marriage, gays and lesbians finally can marriage in the accept law. Gay marriage has been hotly debated in the news lately. While several countries have some form of gay marriage on the books, the Netherlands recently became the first country to give same-sex couples in civil unions the same rights as heterosexual married couples [1]. In my opinion, same-sex marriage should become an established and accepted institution in societies around the world.
Culturally, it is still seen as a taboo and religiously is seen as evil. Culture such as Tsonga, still reject it when people of the sae gender marry each other but since it is allowed in the country there is nothing that can be done to stop it. Years back gays and lesbians were bitten as a way of stopping it but now someone can be arrested for biting gays and lesbian
Many nations around the world used to ban same-sex marriage or gay marriage. Still, support for same-sex marriage or gay marriage has increase over time, people started slowly adjusting themselves to changes in society. At this time, there are only four states that recognize same-sex marriage and a few more...
...litical group and given a proper change in Kenya, a new political schema. This was the goal of one of the very first gay activists who formed the recently disbanded Forum for Positive Generations on AIDS Prevention. Its intention was to increase social awareness and understanding towards people with AIDS and to emphasize and relieve the plight or marginalized groups such as homosexuals with AIDS. Studies have shown that homosexual behavior within the normal is being ignored, but in light of all the recent events, despite the negative approach, people will begin to take thought of the very real existence of the gay and lesbian community that exists. The fight for equality will continue and there shall come a day when people can identify themselves as who they are openly and being gay or practicing same-sex intercourse will be an acceptable part of society in Kenya.
The legal issues raised in the area of Law regarding marriage are in the definition, by using the term ‘man and woman’; the law prevents same-sex marriages from taking place. The concept of same-sex marriages is a controversial issue among current society, though a growing number of countries have legislated to recognise same-sex marriages. The first country to legislate was the
Same sex marriages are amongst the most controversial topics in the 21st century. Indisputably, it is an issue that the world can hardly ignore owing to the fact that it has perpetuated every sphere of society such as religion, politics and family. The society is more conscious about it now than any other time in history. It is the gravity of this issue that forces leaders, in their campaigns for office elections, to take a stand regarding the matter. Since the United States of America took a bold step to legalize gay marriages, many channels through which the matter can be considered relevant not just in America but worldwide have opened. Different facets of the society have adjusted to embrace gay marriages. For example, there exists churches for gay people and, judicial systems have given in protecting the rights of this minority group especially from discrimination. Additionally, celebrities such as musicians, sports persons, bishops and social elites have been bold enough to confess about their sexual orientation in public. Religious sectors are also loosening their stand on the matter. In the course of time, gay people would no longer be seen as demon-possessed people walking on the surface of the earth (Brownson 12). Despite other nations such as Russia and Uganda condemning gay marriages, an activist for gay people can hope for a revolution that will favor this minority group in future. An ideal society is that which is ready enforce polices that can warrant peace of mind for its members. This includes accepting them with their diverse natural tendencies as long they do not undermine welfare of others. Gay marriages are part of the evolution proce...
Over the last years the topic of same-sex marriage has been of great importance to our society. The idea of the same gender being lawfully married is disturbing to a group of people but in the recent years the number of supporters has increased. The cases that argue for the legalization of same-sex marriage are focusing on the relationship of the individuals and do not see anything in same-sex marriage that could harm our society as a whole. The article “How the President go to ‘I Do’ on Same-Sex Marriage,” published by Joe Becker in April 2014, explains how Barack Obama started saying that he was undecided about the subject matter but is now leaning toward the legalization of same-sex marriage. The subject matter takes a lot of analyzing of what pros and cons are to come from the legalization of same-sex marriage. Same-sex marriage is a global argument that deals with unifying two individuals of the same gender under the law. The main reason that supporters give for justifying same-sex marriage is that it is for the same reason as straight people, to show love and commitment to each other. Furthermore, the argument of same-sex marriage is difficult to generalize because of the multiple factors that need to be taken in consideration when making any decision regarding this topic. Although Becker does have true premises, he lacks clarity in his terms which make his argument be false and invalid.
In recent years, same-sex marriage has become a more controversial topic on whether it’s right or wrong. People should not feel coerced to agree with something they believe is wrong; clearly, same-sex marriage is immoral and unnatural. Many complications come with same-sex marriages including financial pressures, social pressures, moral pressures, and health risks.