New Delhi Lifts Colonial-Era Ban on Gay Sex
A top court in the Indian capital of New Delhi yesterday overturned a colonial-era law banning gay sex between consenting adults as the world’s biggest democracy struggles to balance tradition and modernity.
In a strongly worded statement, New Delhi’s High Court ruled that the 150-year-old statute prohibiting homosexual acts was discriminatory and therefore a “violation of fundamental rights.”
“It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster dignity of every individual,” the court said in a 105-page judgment.
Quoting India’s first prime minister, Jawaharlal Nehru, Justice A.P. Shah said: “Words are magic things often enough, even the magic of words sometimes cannot convey magic of human spirit and of a nation’s passion.”
The ruling applies only to New Delhi and to adults older than 18. But federal government ministers are also in the process of reviewing the law.
See New Delhi Lifts Colonial-Era Ban on Gay Sex
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India Decriminalizes Gay Sex
n what many are calling “India’s Stonewall”, the New Delhi High Court on Thursday decriminalized homosexual intercourse between consenting adults, by striking down section 377 of the Indian Penal Code. This law labels gay sex to be an “unnatural offense”, punishable with up to ten years in prison.
Drafted in 1860, this Colonial-era law was brought into effect by the British, and was in line with similar anti-homosexuality legislation passed in England at the time. In the past decade, gay rights activists and lawyers have strived hard to abrogate Section 377, calling it “inhuman”, and as the Naz Foundation, which filed the petition to abolition 377 in 2001 argued, a violation of constitutional rights to privacy and equality.
No Rain on Their Parade
In its ruling today, the Delhi High Court affirmed that claim, saying that Section 377 violated basic human rights. The same court, however, had dismissed a similar petition in 2001. It is clear that this latest ruling is a reflection of increased activism by gay rights groups and high profiled supporters like Bollywood actress and Former Miss World Celina Jaitley, along with a more progressive government.
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India Decriminalizes Gay Sex
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California gay rights timeline
As gays and lesbians have fought for rights and won elected office, public opinion has shifted. Back in 1977, singer Anita Bryant of Florida was leading a Bible-based campaign against homosexuals, claiming they were sinners and a threat to children and family life. When pollsters asked more than 1,000 Californians – face to face, in their homes – whether they agreed with her, 45 percent said yes. Emotions still run high on the issue, but more Californians now say they know gays and lesbians, and approve of same-sex marriage. The shift is particularly pronounced among residents ages 18 to 29. Following are notable twists and turns in the history of California’s gay rights movement.
1951: The Mattachine Society, one of the first gay advocacy organizations in the United States, is incorporated in Los Angeles to combat oppression of homosexuals.
1955: The Daughters of Bilitis, a national lesbian organization, is founded in San Francisco.
1961: José Sarria runs for the San Francisco Board of Supervisors, becoming what is believed to be the nation’s first openly gay candidate for public office.
1975: Assembly Bill 489, by Assemblyman Willie Brown, decriminalizes sexual acts performed in private by consenting adults in California.
1977: The state Legislature overwhelmingly votes to define civil marriage as a contract between a man and a woman. Harvey Milk later becomes the first openly gay person to be elected to public office in California, winning a seat on the San Francisco Board of Supervisors.
1978: Voters defeat Proposition 6, the Briggs initiative, named for Sen. John Briggs, which would have barred gays, lesbians and their supporters from teaching in public schools.
1979: Gov. Jerry Brown issues an executive order barring discrimination against state employees based on sexual orientation.
1984: Gov. George Deukmejian vetoes Assembly Bill 1, the first bill that would have banned job discrimination on the basis of sexual orientation.
1989: Senate Bill 202, by Sen. Diane Watson, requires law enforcement agencies to report hate crimes, including those in which a motivating factor is the victim’s sexual orientation.
1991: Gov. Pete Wilson vetoes Assembly Bill 101, by Assemblyman Terry Friedman, prohibiting discrimination against gays in the workplace.
1992: Wilson signs Friedman’s narrower measure, Assembly Bill 2601, which adds sexual orientation protections to the Labor Code.
1994: Sheila Kuehl is elected to the Assembly, becoming the state Legislature’s first openly lesbian or gay member.
1999: Assembly Bill 26, by Assemblywoman Carole Migden, creates the first statewide domestic partnership registry, allowing the partners of gay state employees to receive health benefits.
1999: Assembly Bill 1001, by Assembly Speaker Antonio Villaraigosa, adds sexual orientation to anti-discrimination provisions of the state Fair Employment and Housing Act.
1999: Assembly Bill 537, by Assemblywoman Sheila Kuehl, makes it illegal to harass students in public schools because of sexual orientation.
2000: Voters pass Proposition 22, which banned same-sex marriage.
2001: Migden’s Assembly Bill 25 greatly expands the rights of domestic partners to include health benefits through private group insurance, death benefits, sick leave, tax deductions and adoption of stepchildren.
2002: The nation’s first legislative Lesbian, Gay, Bisexual and Transgender Caucus is formed in the Legislature. It comprises Assembly members Kuehl, Migden, Jackie Goldberg and Christine Kehoe.
2002: John Laird and Mark Leno are elected to the Assembly, becoming the first openly gay men in the Legislature and members of the LGBT Caucus.
2003: Assembly Bill 205 by Assemblywoman Jackie Goldberg extends to registered domestic partners nearly all the same rights and responsibilities provided to opposite-sex spouses in California.
2004: San Francisco Mayor Gavin Newsom orders city officials to issue marriage licenses to same-sex couples. More than 4,000 couples receive licenses and are married before the California Supreme Court orders a halt to the process until its constitutionality can be determined.
2004: Assembly Bill 2208, by Assemblywoman Christine Kehoe, bars insurance providers from discriminating against domestic partners.
2005: Gov. Arnold Schwarzenegger vetoes Assembly Bill 849, by Assemblyman Mark Leno, which would have legalized same-sex marriage. Schwarzenegger urged gay rights advocates to wait for court rulings on Proposition 22 or ask the voters to repeal the ban.
2008: In a 4-3 decision May 16, the California Supreme Court rules that the state constitution gives gays and lesbians the right to marry. On Nov. 4, voters approve Proposition 8, the ban that’s now being challenged.
Sources: Pew Forum on Religion and Public Life; the American Civil Liberties Union; Encyclopedia Britannica; World Book Encyclopedia; Bee news archives.
Bee research/Aurelio Rojas, Pete Basofin and Micaela Massimino.
See California gay rights timeline
Sacramento Bee - CA, USA
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Sharpton decries churches pushing Prop. 8
From the pulpit of Tabernacle Baptist Church on Sunday, Rev. Al Sharpton called out the Mormon Church and other conservative faiths for mobilizing to support Proposition 8 to ban gay marriage in California while refusing to be as involved in any other social concerns.
“It amazes me when I looked at California and saw churches that had nothing to say about police brutality, nothing to say when a young black boy was shot while he was wearing police handcuffs, nothing to say when they overturned affirmative action, nothing to say when people were being delegated into poverty, yet they were organizing and mobilizing to stop consenting adults from choosing their life partners,” Sharpton told a packed audience on Jan. 11. See Sharpton decries churches pushing Prop. 8 Southern Voice
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“Homosexuality needs to be curbed as it spreads HIV/AIDS” Indian Gvt Says to High Court
NEW DELHI: Justifying criminalisation of homosexuality in the country, the Centre has pleaded before the Delhi High that it is one of the main reasons for spread of HIV/AIDS and needs to be curbed.
In a written submission filed by Additional Solicitor General P P Malhotra, the Centre said that legalising Men having sex with Men (MSM), as pleaded by gay rights activists, would lead to spread of the dreaded disease and placed reports of various countries to substantiate its stand.
“In Zambia, one in three (33%) surveyed men who have sex with men tested HIV-positive. In the Kenyan port city of Mombasa, 43% of men who said they had sex only with other men were found to be living with HIV,” the government said, quoting the United Nations report on Global AIDS Epidemic, 2008.
“In Bangkok, HIV prevalence among men who have sex with men rose from 17% in 2003 to 28% in 2005 and it is estimated that as many as 21% new HIV infections in Thailand in 2005 were attributable to unprotected sex between men,” the Centre said.
The 100-page written submission was filed by the Centre as the court, while reserving the order, had allowed the government to file any additional submission in a written form.
Centre’s response came on a PIL filed by gay rights activists seeking the court’s direction to decriminalise gay sex among consenting adults in private.
At present, homosexuality is an offence in the country and Section 377 of Indian Penal Code provides punishment for up to life imprisonment for engaging in such acts.
See Homosexuality needs to be curbed as it spreads HIV/AIDS: Centre to HC
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