Gay Rights

Gay rights is a global movement, although there are significant differences among national societies and local cultures regarding the toleration of same-sex relationships and social roles. In general, gay rights involve the overturning of legal provisions that discriminate against gays and lesbians, along with the enactment of protections for same-sex sexual relations, gay self-identification, and the recognition of same-sex relationships.

Key components of gay rights include the abolition of antisodomy laws, equalization of ages of consent for heterosexual and homosexual sex, civil rights protections for gays and lesbians in employment and housing, the ability to engage in military service while still being open about one's sexuality, same-sex marriage (or, failing that, lesser degrees of relationship recognition, such as civil unions or domestic partnerships), and equality in immigration and naturalization status, including the ability to apply for asylum on the basis of antigay violence in one's country of origin. Cumulatively, therefore, advocates of gay rights view the central issue as one of equal citizenship between lesbians and gays, on the one hand, and heterosexuals on the other hand. Those who defend gay rights typically include bisexual and transgendered persons as well, hence the use of LGBT (lesbian, gay, bisexual, transgender) as the broader umbrella term.

As of the first decade of the 21st century, there is a meaningful international gay rights movement, with nongovernmental organizations engaging in advocacy at both the state and international levels. Several gay rights achieved overt recognition within European transnational law, fuelling debate about formal recognition of at least some rights within international law. These debates, in turn, bring up theoretical issues about cross-cultural applications of morality.

Can Western ideas of individual identity based in part on sexual orientation be extended to non-Western societies? Answers to that question also involve globalization and whether that process should be viewed as largely beneficial or harmful.

The breadth and frequency of violence and discrimination against persons based on their sexual orientation or gender status has been, and remains, nothing short of remarkable. In the developed [Page 615]world, even after several decades of progress in social acceptance, violence, property destruction, and discrimination against gays and lesbians continues. A 2002 survey in the United States showed that more than one third of all gay men had been assaulted or suffered property destruction as a result of their sexual orientation.

The situation in the developing world is arguably worse. More than 80 countries criminalize same-sex relations, with 7 having the death penalty for sodomy. Even many countries without formal antisodomy laws still systematically repress, arrest, and jail persons for same-sex sexual behavior, often using vague laws against acts that are “contrary to public morals” or other ambiguously described prohibitions. Police and paramilitary groups engage in violence against persons who engage in same-sex relations; same-sex oriented persons often have no safe legal recourse when assaulted or discriminated against by others. In Africa and the Middle East, government leaders routinely denounce homosexuality as immoral and ascribe instances of same-sex behavior in their country to Western decadence.