Anubha Srivastava, Assistant Professor, School of Law, CHRIST (Deemed to be University), Bangalore
I. Introduction
The discussion on same-sex marriage and adoption has emerged as a prominent global social concern. Traditionally, the privileges of marriage and child-rearing have been exclusively available to heterosexual couples. However, as societal norms evolve and legal frameworks change, an increasing number of countries are acknowledging the rights of same-sex couples. These issues—same-sex marriage and adoption—are closely linked and have significant implications for LGBTQ+ rights, family law, and the well-being of children. This article aims to explore the legal, social, and psychological dimensions of same-sex marriage and adoption, highlighting the worldwide movement towards more inclusive policies while also considering the challenges that remain.
II. Historical Context of Same-Sex Marriage
Throughout history, marriage has traditionally been defined as the union between a man and a woman, rooted in religious, cultural, and legal customs. This conventional understanding of marriage began to face challenges over time, especially in the 20th and 21st centuries, from both social movements advocating for LGBTQ+ rights and evolving legal perspectives on equality.
The push for same-sex marriage gained traction in the late 20th century, particularly in Western nations. The 1969 Stonewall riots in the United States are often considered the starting point for the contemporary LGBTQ+ rights movement, leading to increased awareness and activism for gay rights worldwide. This movement has had a global impact, uniting people from all corners of the globe in advocating for the recognition of same-sex unions, both in the interest of equality and in acknowledgement of the practical advantages that come with marriage, such as tax benefits, healthcare coverage, and inheritance rights.
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