Tuesday, February 5, 2013

Gay Rights: A comparative current events look at civil liberties

Industrial or Liberal democracies, like the UK and the US have an emphasis on civil rights and liberties, as well as a rule of law and competitive elections.

"A liberal democracy is a form of representative democracy in which elected representatives who hold power are limited by a constitution that emphasizes protecting individual liberties, equality and the rights of minority groups. Among the many liberties that might be protected are freedom of speech and assembly, freedom of religion, the right to private property and privacy as well as equality before the law and due process under the rule of law. Such constitutional rights, also called liberal rights, are guaranteed through various controlled institutions and statutory laws. Additionally, the constitutions of most contemporary liberal democracies prohibits majoritarianism, which is rule by the will of majority, when it harms those in the minority. "

We can compare, contrast and test this definition in light of current events in comparative countries on the issue of gay rights.

First, on Tuesday MPs in the UK approved same-sex marriage in England and Wales in a key Commons vote, despite the opposition of almost half the Conservative MPs.

The Commons voted in favour of the Marriage (Same Sex Couples) Bill, by 400 to 175, a majority of 225, at the end of a full day's debate on the bill.

Prime Minister David Cameron has described the move as "an important step forward" that strengthens society.

Voting lists show that 136 Conservatives opposed the bill.

Deputy Prime Minister and Lib Dem leader Nick Clegg said: "I genuinely believe that we will look back on today as a landmark for equality in Britain.

"Tonight's vote shows Parliament is very strongly in favour of equal marriage.

"No matter who you are and who you love, we are all equal. Marriage is about love and commitment, and it should no longer be denied to people just because they are gay.

"The Liberal Democrats have long fought for equal marriage. It is party policy and I am proud that the Liberal Democrats are part of the coalition government that are making it happen."

MPs were given a free vote on the bill, meaning they were not ordered to vote a particular way by party whips.

Their decision to back the bill at second reading signifies that they approve of it in principle. The legislation will now receive more detailed parliamentary scrutiny.

MPs back gay marriage legislation

 
 
Last month, President Obama became the first US president to mention the word "gay" in an inaugural address. While the United States is not a comparative country, the president's statement last week on women in combat and gay boy scouts can be used to evaluate actions of a liberal democracy.
 


 
 
When we study Mexico, we might analyze the regime as either a developed industrial democracy or a Newly Industrialized Country (NIC). But from recent actions in the Mexican state of Oaxaca, a Supreme Court ruling opened the door for gay marriage. A show of a liberal democracy?
 

 
 
Contast the above with recent developement in the Russian State Duma:
 

Russian anti-gay bill sets off furor
While many countries, including the United States, are fighting discrimination based on sexual orientation, Russia seems intent on intensifying it… the state Duma passed the first reading of a bill prohibiting distribution of “gay propaganda” to minors, which opponents fear would make gay pride marches, demonstrations for gay rights and public displays of affection by same-sex couples illegal. Moscow already bans gay pride parades on the grounds that they might set off public disorder…

The national bill follows the passage of similar laws in St. Petersburg, Novosibirsk and three other cities, tapping into an ideology promoted by President Vladimir Putin and his circle that combines anti-Westernism, Russian exceptionalism and conservative Orthodox religious beliefs…
 
 
 
In most of the western world, the movement centers around the, "it gets better" mantra. But in a comparative policy world, it can also get worse. Take Nigeria for example:

Gay Marriage Could End Humanity, Nigerian Pastor Says




 



In China's political culture, forgive the phrase, but it kinda goes both ways. As The Economist reported last year:

Gay marriage gone wrong

ZHEN AI used a conventional method to uncover the truth about her husband’s “business trips”. She logged on to his computer. But what Ms Zhen, who was three months pregnant at the time, found was beyond her imaginings. She saw photos of her husband in some of China’s most exotic settings—Tibet, Hangzhou and Yunnan province—with another man. The pictures of them together in bed were particularly devastating.

Ms Zhen, who is now 30 years old and prefers to use a pseudonym, is one of an estimated 16m straight women who are married to gay men in China. Zhang Beichuan, a scholar, estimates that more than 70% of gay men marry straight women. Using census data from 2011, Mr Zhang estimates that somewhere between 2-5% of Chinese men over the age of 15 are gay, or between 11m and 29m. The women who marry them are known as tongqi, which might be translated as “homo-wife”, using “homo-” for same.

Tolerance is on the rise in major cities. Shanghai had its fourth Pride festival in June. Earlier this month the national ministry of health announced that lesbians will be permitted to donate blood.
Yet intolerance still prevails. Homosexuality was only removed from the health ministry’s list of mental illnesses in 2001. In rural regions, the belief that homosexuality is a treatable disease is still widespread.

It did not occur to Ms Zhen that her husband could be gay, though there were signs. She recalls inadvertently resting her hand on his arm during a movie date. “I felt him flinch, but he endured it”, she says. Though confused by his lack of intimacy, she found his considerate nature to be endearing. She hoped the passion would grow after he proposed. What followed instead was an icy marriage, frequent business trips and a perfunctory sex life.

After finding the photos, Ms Zhen found temporary solace in an online tongqi support group. Luck again abandoned her. This month, her signature joins 50 others on an open letter accusing the website tongqijiayuan.com of scamming its members out of 90,000 yuan ($14,000) in total. Ms Zhen lost 2,000 yuan. “We’ve realised [the site’s] owners were taking advantage of our fragile emotions and low social status,” the joint letter reads.

It is especially difficult for Chinese men to come out to their families. Traditional beliefs about the importance of maintaining bloodlines permeate society, which regards homosexuality as unfilial. Yang Shaogang, a Shanghai-based lawyer who specialises in tongqi cases, counselled five women last year after they contracted HIV from their husbands. The only way to prevent this sort of tragedy from befalling such women, he says, is calling for more tolerance so gay men won’t feel forced to enter marriage in the first place.

In recent years some have found a solution, of sorts. Chinagayles.com, a website with some 153,000 members, helps gay men meet lesbian women for matrimonial purposes. Individuals upload personal details, such as monthly income, hobbies and Zodiac signs. Some seek cohabitation without sexual contact. Others want children.

Zhuang Xiang, a 30-year-old accountant from Shanghai, came to understand why he was drawn to boys when he was 17. On flicking through a gay comic book in a shop, he had his great “a-ha!” moment. He met his boyfriend in 2004. And then he married his lesbian wife in 2009. He and his wife don’t live together, but they visit each other’s parents once a week. Mr Zhuang even keeps some of her clothes on display at home, in case of unannounced visitors.

Mr Zhuang says he is lucky to live in a big city like Shanghai, where such a solution is possible. But he wants to live in a country where gay men are accepted. His parents have started to talk about a grandchild. Mr Zhuang and his lesbian wife will likely get a forged certificate of infertility. Keeping up the appearance of their marriage feels like a never-ending battle, he says. But sometimes lies are more sensible than the truth.

And then there's Iran....



Iran gay
 
Blindfolded Mahmoud Asgari, 16, left, and Ayaz Marhoni are publicly hanged in Mashhad, Iran, in 2005 on charges related to sodomy.
 
 
Homosexuals are inferior to dogs and pigs, says Iranian cleric
 
The Guardian (UK)
An influential Iranian cleric who is entitled to issue juristic rulings according to the Sharia law, has condemned western lawmakers involved in the decriminalisation of homosexuality, saying those politicians are lower than animals.

Ayatollah Abdollah Javadi-Amoli, an Islamic scholar based in Iran's holy city of Qom, said in a speech among his followers that homosexuals are inferior to dogs and pigs, according to the news website Khabaronline.

"If a society commits a new sin, it will face a new punishment," he said while interpreting Qur'anic verses about prophet Lot whose tribe Isalmic scholars say was punished by God for sodomy. "Problems like Aids did not exist before."

Citing the Qur'an, Javadi-Amoli said politicians who pass laws in favour of homosexuals are lower than animals. "Even animals ... dogs and pigs don't engage in this disgusting act [homosexuality] but yet they [western politicians] pass laws in favour of them in their parliaments."
Homosexuality is punishable by death according to fatwas issued by almost all Iranian clerics. Until recently, Lavat (sodomy for men) was punishable by death for all individuals involved in consensual sexual intercourse.

But under new amendments approved recently in the Iranian parliament the person who played an active role will be flogged 100 times if the sex was consensual and he was not married, but the one who played a passive role will still be put to death regardless of his marriage status.

Despite the horrific punishment for homosexuals in Iran, the gay community in the country is alive underground and has won some recognition by coming out in defiance of the regime.

In September 2011, a group of gay, lesbian, bisexual and transgender Iranians launched a campaign on Facebook, highlighting the discrimination against sexual minorities in Iran where homosexuals are put to death.


 
 
 

17 comments:

Nadia G. said...

I personally think that marriage is something that should be offered to everything, whether or not they are gay. I find it very comforting that the UK is opening the doors to same sex marriage, along with Mexico. That being said, I think it's stupid that Russia isn't allowing any gay propoganda because being gay isn't something you can change; it's who you are as a person so propoganda won't change anything.

Sydney S. said...

Watching these videos, it is clear that the conversation of gay marriage is clearly something that is unavoidable- which I think shows that gay rights just like any other group in the past will eventually become common practice. It is not surprising to me that Russia is lagging behind in these global change, due to their history of lacking progress. It seems to me that the majority opinion is shifting towards gay marriage rights, and especially countries like America and the UK will continue in this fashion as leaders of new ideas and freedoms for their people.

Jessica S. said...

I agree with a lot of Sydney's ideas. I think that although a lot of these countries have really deeply rooted cultural/religious/societal standards that are in direct conflict with the gay community, I feel like eventually these societies will inevitably change to accept them as these countries continue on the path of social liberalization, globalization, and individualistic consumerism. Considering that many developing countries (such as China) are heavily influenced by the U.S. and other highly visible, socially liberal countries not only economically but also in social trends (especially in the metropolitan areas and among the youth, and also with social media), I feel like the gay community in these countries will most likely at the very least, slowly but surely gain more support.

Nate S said...

My view of gay marriage is the same as most American youth of our time: there is nothing wrong with homosexuality and there should be no discrimination against it in any part of the world. I am more interested in where anti-gay sentiments came from in the first place than how they are developing around the world. Did they come from a single radical group similar to the anti-Semitic movement of WWII? Has it always been assumed that attraction toward the same sex rather than the opposite sex was some sort of evil since it was uncommon, like being left handed? It seems clear that the world will come to accept gays as equals just as it has come to accept other races as time has gone by. But what is it that makes Russia so much more opposed to homosexuality than Britain?

Emma B. said...

I have a lot of the same questions as Nate. I find it really interesting how much of the word is still holding fast to traditional values whether they are religious or purely cultural. Given the quickly changing nature of the world, I guess I can see how it would make sense to cling to the past in order for some stability. I was actually surprised though about how much anti-gay sentiment is still out there. I guess given how much the US has liberalized its policy, I thought more of the world would have as well. I think though that eventually policy will shift towards a more accepting nature.

Alyson B. said...

What startles me the most is the way that Russia's government is acting completely adverse to the voices of its citizens. If parades and other gay rights demonstrations were so openly practiced in the past, I find it hard to believe that a government is seeking to be "exceptional" by blindly bypassing the wishes of its people. I guess my views are easily pinpointed-- coming from a nation that cherishes its "social contract" and believes in the idea that it bestows power in government as long as it protects their interests-- but I thought that like most other post-communist states in Eastern Europe, Russia had taken further steps towards an industrialized democracy and wouldn't be so inclined to take steps back into suppression of speech or expression.

Rohan R. said...

Trying to go off of Alysons point, I think it relates to what we were talking about today. Carl Marx developed his theories on Marxism but if he were to be living today, he would completely disagree with what we have determined what Marxism would be. I think thats kinda the way it is in Russia. Russia says it has taken steps towards democracy, which can be true at times, but I still think that the core principles and the basic functions of the Russian government is that they will continue to think through a communist perspective and basically determine what the people can do and cant, in this case gay marriage.

In my opinion, going off of Nates questions, I think the origins of anti-gay protests and opposition comes from culture and education. In sociology we are learning about culture and how as history progresses, a nations culture is formed. In Russias case, the culture of suppression, conservatism, and sometimes radicalism can be seen. I dont think people choose to be opposed to homosexuality. Rather the culture they have been brought up in kinda has always promoted the denial of rights. In the UK, although they have also had their fair deal in injustice and oppresion, I think they have developed a culture of understanding and equality much better than Russia. However you can make the case that in the U.S. our history shows a culture of freedom and justice, and i think thats where the education part plays in. Honestly, people such as the Westboro Baptist Church really arent educated and not to be judgmental, but people with such extreme ideas tend not to think logically and often times lack proper education.

Mr Wolak said...

This might give some answers as to the seeds of the Russian anti-gay sentiments.

From the Teaching Comparative blog (Nov. 2012):

"For 200 or 300 years, philosophical and political arguments have been going on between Slavophiles and Zapadniki in Russia. The Slavophiles contend that Russian culture and tradition are superior to anything non-Russian. Zapadniki, often labeled Westernizers, advocate making Russia modern and more like the economic, industrial, and military powers of Western Europe....

"It may be that Putin is leading Russia as a Slavophile as he seeks a unifying ideology. . .


"One of the few clear strategies to emerge in recent months is an effort to mobilize conservative elements in society…

"Dmitri S. Peskov, Mr. Putin’s press secretary and close aide, said in an interview, “Ideology is very important. Patriotism is very important. Without dedication from people, without the trust of people, you cannot expect a positive impact of what you are doing, of your job...

"Ideas are changing inside the ruling class, as well. The pro-Western, modernizing doctrine of President Dmitri A. Medvedev has been replaced by talk about “post-democracy” and imperial nostalgia. Leading intellectuals are challenging the premise, driven into this country 20 years ago, that Russia should seek to emulate liberal Western institutions. “Western values” are spoken of with disdain… "


http://compgovpol.blogspot.com/2012/11/slavophiles-and-zapadniki.html

Cameron said...

I personally believe that marriage should be between a man and a women, but i do not agree with the viscous discrimination that is happening around the world. People should not be beaten up or made fun of or put to death like in Iran and other countries. The new gay marriage act that was passed in The U.K. is a perfect example of the collective consensus that has been happening for centuries. I am sure that the united states will fallow along with other countries but there will still be opposition as there is for any societal change.

Latimer F. said...

I’ll have to agree with the sentiment people feel when they realize that the United State’s is only one of the few emerging countries that support same-sex marriage. I still haven’t been able to wrap my head over why so many countries have been so resistant in allowing their citizens the right to choose their partners.

Looking at what Vladimir Putin is trying to do, I can’t help but feel that by playing the role of a Slavophile he’s isolating himself from the people that believe in equal right. (Both internationally, and internationally) From the perspective of someone who lives in liberal democracy I do think it’s hard to follow the logic behind the decision by Russia’s legislation.

Unknown said...

When comparing the liberality of the United States to other parts of the world, its very easy to point fingers and say 'this is right or this is wrong'. But ultimately it comes down to a persons individual right to choose what to do with their life. In societies like ours we are extremely more open to ideas like gay marriage than the rest of the world may be, and that's becoming more and more apparent with each passing generation. Other cultures aren't so fond of the idea of gay persons (and sometimes even individuality itself for that matter)

With that being said, gay rights is an issue that's becoming more and more politicized here in the United States and since the supreme court will be ruling on this issue this year it is going to be very interesting to see how this plays out.
My prediction: The Supreme Court will strike down anti-gay legislation as unconstitutional and in 20-30 years time, the problem of gay marriage, as it is today, will just be a fleeting memory of a less liberal time.

Anonymous said...

Parker N

It is interesting to see the amount of intolerance in
other places of the world. I find our attitude here in the US towards the gay community sickening, and watching those videos were shocking to see just how far our society is from advancing beyond our bigoted prejudices. I mean, quite frankly, I find it ridiculous that dialogue is necessary on the topic at all. It is an obvious violation of human rights, and I find it ridiculous that the voice of a few "radical" groups are the ones that break through and make the news, and therefore the dialogue. I mean, this is partially due I imagine to a lack of willingness from the pro gay side to argue as ferociously as they realize that you cant argue with someone that isn't willing to listen to reason.

Taylor H. said...

I think that the issue of gay rights is really a lot more pervasive worldwide than we may have thought, and I think I understand why the other comparative countries are having a harder time coming about it than UK and USA. Even we are struggling with it, and our nation has a longstanding history of liberal democratic ideas. Russia, China, and Nigeria have fundamental flaws in their regimes that, in my opinion, must take first priority. I do believe that same sex marriage should be legal, I just believe that a nation should be on solid, democratic footing before it tackles many of its social cleavages. I believe that, being considered the 'leaders of the free world', if the world can see the United States move in such a direction, it will inspire more tolerance and acceptance in other areas of the world.

Shivani D. said...

I'm shocked that Russia is so adamant against allowing the public to express opinions that the government disagrees with. As Nadia said, you really can't change the fact of whether or not you're gay, and you definitely shouldn't be punished for who you'd like to be with. Therefore, it's shocking to me that Russia is so oppressive, that it refuses to allow gay propaganda, while so many other countries are becoming much more liberal.

Kirin U. said...

I think gay marriage is something a lot of regimes and governments struggle with because it's such a controversial topic. There's always a division in a country about gay marriage but it's a topic that needs to be addressed in order for countries to move forward. People everywhere have a right to love whomever they choose and I really think that government does not have a right to control that even though I know many do.

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