- Umang Sagar
- Law, Recent article
Gay Rights
Introduction
- The gay rights movement, also known as the homosexual rights movement or the gay liberation movement, is a civil rights movement that advocates for equal rights for gay men, lesbians, bisexuals, and transgender people; works to repeal sodomy laws prohibiting homosexual acts between consenting adults; and campaigns to end discrimination against gay men, lesbians, and transgender people in employment, credit, housing, public accommodations, and other areas of life.
Gay Rights Prior To The 20th Century
Religious prohibitions on sexual relations between same-sex individuals (especially males) have historically stigmatised homosexuality, although most European legal codes are mute on the matter. Numerous mostly Muslim nations’ court systems applied Islamic law (Sharah) in a variety of situations, and many sexual or quasi-sexual behaviours, including same-sex relationships, were criminalised with harsh penalties, including execution.
Beginning in the 16th century, British legislators began to classify homosexual behaviour as a crime rather than just immoral. During Henry VIII’s reign in the 1530s, England established the Buggery Act, which made male-to-male sexual encounters a criminal violation punishable by death. Until 1861, sodomy in the United Kingdom was a death felony punished by hanging. Two decades later, in 1885, Parliament passed an amendment sponsored by Henry Du PréLabouchere that created the offence of “gross indecency” for same-sex male sexual relations, allowing for the prosecution of any form of sexual behaviour between men (lesbian sexual relations were not subject to the law because they were unimaginable to male legislators).
Similarly, in the early 1870s, when Germany was unifying the civil laws of numerous kingdoms, the final German penal code included Paragraph 175, which criminalised same-sex male relationships, punishable by imprisonment and the loss of civil rights.
The Beginning Of The Gay Rights Movement
There were few “movements” for LGBT rights before the end of the nineteenth century. Indeed, Oscar Wilde’s lover, Lord Alfred (“Bosie”) Douglas, claimed in his 1890 poem “Two Loves,” “I [homosexuality] am the love that dares not say its name.” With the foundation of the Scientific-Humanitarian Committee (Wissenschaftlich-humanitäresKomitee; WhK) in Berlin in 1897, homosexual men and women were given a voice. Their first action was to circulate a petition to have Article 175 of the Imperial Penal Code repealed (submitted 1898, 1922, and 1925). The group distributed emancipation material, organized protests and advocated for legislative reform across Germany, the Netherlands, and Austria, and by 1922, it had established 25 local branches.
It was founded by Magnus Hirschfeld, who founded the Institute for Sexual Science (Institut für Sexualwissenschaft) in 1919, decades before other scientific centers specializing in sex research (such as the Kinsey Institute for Research in Sex, Gender, and Reproduction in the United States). He was also a sponsor of the World League of Sexual Reform, which was founded in 1928 in Copenhagen during a meeting. Despite Paragraph 175 and the WhK’s inability to remove it, homosexual men and women had some freedom in Germany, especially during the Weimar period, which ran from the conclusion of World War I through the Nazi seizure of power.
Homosexual nightlife became permitted in many bigger German towns, and the number of gay publications grew; some historians claim that the number of gay clubs and magazines in Berlin in the 1920s surpassed that of New York City six decades later. With Adolf Hitler’s rise to power, this comparatively liberal period came to an end. On May 6, 1933, Hitler ordered the reintroduction of Paragraph 175, and German student-athletes stormed and looted Hirschfeld’s archives, as well as burned the institute’s contents in a public area. Other organizations were formed outside of Germany.
For example, Edward Carpenter and Havelock Ellis formed the British Society for the Study of Sex Psychology in 1914 for both promotional and instructional objectives, while Henry Gerber, an immigrant from Germany, founded the Society for Human Rights in 1924, which was recognized by the state of Illinois. Despite the emergence of such organizations, homosexual political involvement was rarely evident. Wherever gays congregated, they were frequently harassed by the police. That began to alter after World War II and its aftermath.
The war drew a large number of young people to cities, increasing prominence for the LGBT community. In the United States, increased exposure led to retaliation from the government and police; public workers were regularly sacked, the military sought to cleanse its ranks of homosexual troops (a policy implemented during World War II), and police vice squads raided gay pubs and imprisoned their patrons. However, there was more political effort as well, with the goal of decriminalizing sodomy in particular.
The Gay Rights Movement Since The Mid-20th Century
A rising number of organizations were founded beginning in the mid-20th century. In 1946, the CultuurenOntspannings Centrum (COC) was established in Amsterdam. The Mattachine Society (reputedly derived from a medieval French society of masked players, the Société Mattachine, to represent the public “masking” of homosexuality) was the first major male organization in the United States, founded in 1950–51 by Harry Hay in Los Angeles, while the Daughters of Bilitis (named after Pierre Lous’ Sapphic love poems, Chansons de Bilitis) was a leading female organization, founded in 1955 by Phyllis Lyon and Del Martin in San. Furthermore, the United States witnessed the publishing of One, a national LGBT journal that won a Supreme Court judgment in 1958 allowing it to mail the magazine through the postal service. In the United Kingdom, in 1957, a commission chaired by Sir John Wolfenden issued a groundbreaking report (see Wolfenden Report) recommending that private homosexual liaisons between consenting adults be removed from the criminal law’s domain; a decade later, Parliament implemented the recommendation in the Sexual Offences Act, effectively decriminalizing homosexual relations for men aged 21 and older (further legislation lowered the age of consent first to 18 [1994] and then to 16 [2001], the latter of which equalized the age of sexual consent for same-sex and opposite-sex partners). The homosexual rights movement was beginning to achieve legal triumphs, notably in Western Europe, but it was in the United States that the single defining event of LGBT activism happened. The Stonewall Inn, a homosexual club in New York City’s Greenwich Village, was stormed by police in the early morning hours of June 28, 1969. A disturbance involving over 400 people lasted 45 minutes and continued on subsequent evenings. Gay Pride festivities have become an annual event in June, not just in the United States but also in a number of other countries, to remember “Stonewall” (Gay Pride is also held at other times of the year in some countries). Gay political groups grew in the 1970s and 1980s, mainly in the United States and Europe, and extended to other regions of the world, but their relative number, power, and success—as well as authorities’ tolerance—varied greatly. The Human Rights Campaign, the National Gay and Lesbian Task Force, and ACT UP (AIDS Coalition to Unleash Power) in the United States, Stonewall and Outrage! in the United Kingdom, and dozens of other groups in Europe and internationally, began lobbying for legislative and social reforms.
In Coventry, England, the transnational International Lesbian and Gay Association was created in 1978. Its new headquarters in Brussels help to coordinate international activities to promote human rights and combat discrimination against lesbians, gays, bisexuals, and transgender people. In the United States, homosexual activists gained support from the Democratic Party in 1980, when the party added a sexual orientation plank to its nondiscrimination provision. This support, along with efforts by homosexual activists encouraging gay men and women to “come out of the closet” (National Coming Out Day was founded in the late 1980s and is currently observed on October 11 in most countries), encouraged gay men and women to run for office. Jerry DeGrieck and Nancy Wechsler of Ann Arbor, Michigan, were the first openly homosexual government employees in the United States. Both DeGrieck and Wechsler were elected to the city council in 1972 and came out while on the job; Wechsler was succeeded on the council in 1974 by Kathy Kozachenko, who campaigned openly as a lesbian and became the first openly homosexual person to gain office after coming out.
Harvey Milk, an American homosexual rights activist, was elected to the San Francisco Board of Supervisors in 1977; the following year, he was slain. In 1983, Gerry Studds, a Massachusetts congressman, became the first member of the US Congress to openly declare his homosexuality. Barney Frank, a member of the United States House of Representatives from Massachusetts, came out in the 1980s while serving in Congress; Frank remained an influential member of that body and the Democratic Party far into the twenty-first century. Tammy Baldwin of Wisconsin was the first openly homosexual politician elected to both the House of Representatives and the Senate in the United States (1998). (2012). Annise Parker was elected mayor of Houston, America’s fourth-biggest city, in 2009, making it the first openly homosexual politician to be elected mayor in the United States. Openly homosexual politicians have also had success outside of the United States. Glen Murray, the first openly homosexual politician to govern a significant city in Canada, was elected mayor of Winnipeg, Manitoba, in 1998. Large European towns were also fertile ground for openly homosexual politicians, such as Bertrand Delano in Paris and Klaus Wowereit in Berlin, both of whom were elected mayors in 2001. During the 1990s and 2000s, the number of openly homosexual politicians rose rapidly at both the municipal and national levels, with Jóhanna Sigurardóttir becoming Iceland’s first openly gay prime minister in 2009. Elio Di Rupo, who became Prime Minister of Belgium in 2011, was her successor. Openly homosexual politicians have had little success in Africa, Asia, and Latin America, including major victories in national legislatures by Patria Jiménez Flores in Mexico (1997), Mike Waters in South Africa (1999), and Clodovil Hernandez in Brazil (2006). Since the 1970s, the topics that homosexual rights organizations have focused on have changed by time and location, with different national organizations pushing policies that are relevant to each country’s context. Antisodomy legislation, for example, did not exist or was repealed very quickly in certain nations, notably in Scandinavia, although the situation was more complicated in others. Because of the strong federal history in the United States, the fight to remove sodomy prohibitions began at the state level. Bowers v. Hardwick, a 1986 decision by the United States Supreme Court, maintained Georgia’s antisodomy legislation; 17 years later, in Lawrence v. Texas, the Supreme Court reversed itself, thus invalidating the antisodomy law in Texas and 12 other states. Since the 1970s, other major issues for the gay rights movement have included: combating the HIV/AIDS epidemic and promoting disease prevention and research funding; lobbying the government for nondiscriminatory policies in employment, housing, and other aspects of civil society; ending the ban on gay and lesbian individuals serving in the military; expanding hate crimes legislation to include protections for gay, lesbian, and transgender individuals; and securing m (see same-sex marriage). In 2015, Democratic President Barack Obama was re-elected. Barack Obama signed legislation repealing the United States military’s 1993 “Don’t Ask, Don’t Tell” policy, which allowed gay and lesbian individuals to serve in the military if they did not disclose their sexual orientation or engage in the homosexual activity; the repeal effectively ended the military’s ban on homosexuals. In 2013 (Obergefell v. Hodges), the Supreme Court acknowledged the freedom of same-sex couples to marry, and in 2020, the Court declared that terminating an employee for being gay, lesbian, or transgender was a violation of Title VII of the Civil Rights Act (1964), which outlawed sex discrimination (Bostock v. Clayton County, Georgia).
8 Inspiring Indian Lgbtq Individuals Who Raged Fearless Wars & Emerged Victorious
1. Vikram Seth
- Vikram Seth, best known for his work “A Suitable Boy,” has been a familiar figure in literary circles for over three decades and is often recognised as one of the most important writers of the contemporary age. Seth was the son of Prem Seth and Leila Seth, the first woman Chief Justice of a High Court in India. He attended some of India’s premier institutions before heading to England for further education. The 61-year-old Padma Shri winner has written a touching poem titled ‘Through love’s immense strength’ expressing his sadness at the recent judgement of criminalising homosexual sex. Justice Leila, his mother, has always been openly supportive of him and a staunch supporter of the LGBT rights cause. Her opposition to Section 377 is well-known across the world.
2. Gauri Sawant
- Who could forget the mother from the well-known Vicks commercial who opted to defy the gender stereotypes associated with parenting? Gauri Sawant, a transgender activist who was born as Ganesh but triumphed against a culture that was not very accepting of transgender people. Gauri is an example of a person who opted to live her life according to her preferences, from fighting up for her identity to adopting a small child whose mother had died.
3. Manvendra Singh Gohil
- Manvendra Singh Gohil has been actively involved in promoting awareness about homosexuality and the implications of AIDS since the day he came out in public 10 years ago, like a real prince who dedicates himself to the community. Manvendra was publicly abandoned by his family for coming out in public, despite coming from a conservative state. The Prince was unfazed, and he founded the Lakshya Foundation, which works with homosexual males and the transgender community to encourage safer sexual practises, despite frequent police harassment. Manvendra and his organisation made news once more when they decided to hang condoms from trees to raise awareness about having safe sex.
4. Sonal Giani
- Sonal Giani is a highly prominent LGBTQ activist and actress who is known for her pioneering work in publicising Lesbian and Bisexual women’s concerns as well as LGBTQ youth work. She had also co-founded Yaariyan and Umang, a lesbian-bisexual-transgender project in Mumbai, which is one of India’s major LGBTQ youth programmes. Around the time she was working as the Advocacy Manager at the Humsafar Trust, Sonal was involved in film projects, theatre plays, and represented the Indian LGBTQ community internationally. She is most recognised for her role in the 2013 documentary television series Connected Hum Tum, in which she discussed her real-life experiences and tribulations as an Indian bisexual woman.
5. Laxmi Narayan Tripathi
- Laxmi, a Mumbai-based transgender rights activist, Hindi cinema actress, and Bharatanatyam dancer, considers herself a member of the hijra group. Laxmi, the eldest child of a family of seven from Uttar Pradesh, spent her childhood in terrible health. She was teased at school and sexually molested by a relative because she was effeminate. Laxmi obtained an arts degree at Mumbai’s Mithibai College and a post-graduate degree in Bharatnatyam with the help of her family since she was fascinated by Bharatanatyam and its costumes. She has also appeared in a number of television programmes, including Bigg Boss and three documentaries. Laxmi went on to become one of the founding members of the Dai Welfare Society, which works for the transgender community, in 2002. She also represented the Asia Pacific at the United Nations in 2008, where she spoke about the condition of sexual minorities in society. In 2010, she founded the Indian Super Queen beauty pageant, which is still going strong today, defying all gender stereotypes associated with beauty pageants
6. Ashok Row Kavi
- Kavi is the founder and chairwoman of the Humsafar Trust and one of India’s most renowned LGBT rights advocates. He was one of the first persons to openly discuss homosexuality and gay rights in the country. Kavi, who was born in 1947, had left out of an engineering institution because he couldn’t deal with the backlash to his homosexuality. He then became a Hindu monk in the Ramakrishna Mission, where he studied theology. Fortunately, a senior monk encouraged him to openly explore and express his homosexuality, and he left the monastery to attend the International School of Journalism in Berlin. After appearing in Savvy magazine in 1986, his ‘coming-out’ interview made the news. He established Bombay Dost, India’s first LGBT magazine, in 1990. His organisation continues to advocate for the legalisation of homosexuality in India, as well as operating HIV/AIDS and sexually transmitted illness prevention programmes in Mumbai and Goa.
7. Anjali Ameer
- Things in the history of Indian cinema began to shift when a prominent actor in the Malayalam film industry presented the female protagonist for his new film. Anjali Ameer, a transgender actress, rose to prominence earlier this year after being cast as the leading lady in a multilingual film. Anjali used to be a model, but she hailed from an orthodox Muslim family in Kozhikode who wasn’t particularly accepting of her sexuality. Anjali has had her share of difficult days, fleeing her home and subsequently living with transgender groups in Coimbatore and Bengaluru. At the age of 20, she had sex-change surgery. Despite her difficulties, in the beginning, she is really enthusiastic about her debut film and has had several offers from the Tamil and Telugu film industries.
8. Onir
- Onir made his directorial debut with My Brother…Nikhil is one of the first prominent Hindi films to deal with AIDS and same-sex relationships. He was born in Samchi, Bhutan, as Anirban Dhar, and spent most of his youth inspired by movies. Onir returned to India after winning a scholarship to study film editing in Berlin, where he worked as an editor, playwright, art director, and producer and director of music albums. I Am, an anthology of short films by Onir that examined subjects including single parenthood, relocation, child abuse, and same-sex relationships, received critical praise. The film also earned the I-VIEW 2010s Engendered Award (New York) for Outstanding Contribution, in addition to two national honours. Onir is one of Bollywood’s few openly homosexual film directors who has proven that nothing is impossible.
The Stonewallriots
The Stonewall riots, also known as the Stonewall uprising, were a series of violent confrontations between police and gay rights activists that began in the early hours of June 28, 1969, outside the Stonewall Inn, a homosexual bar in New York City’s Greenwich Village. As the riots escalated, so did the birth of a worldwide homosexual rights movement.
In 1969, it was unlawful in New York City to solicit gay relations (and indeed virtually all other urban centres). Homosexual bars were safe havens where gay men, lesbians, and other sexually questionable people could congregate without fear of being harassed by the general public. However, several of such establishments were subjected to constant police harassment.
The Stonewall Inn in Greenwich Village, a dark, sleazy, busy pub purportedly operating without a liquor licence, was one such well-known gathering spot for young gay men, lesbians, and transgender persons. On the morning of June 28, 1969, nine police officers entered the Stonewall Inn, arrested the employees for selling alcohol without a licence, roughed up many of the inn’s patrons, cleared the bar, and took several people into custody in accordance with a New York criminal statute that authorised the arrest of anyone not wearing at least three articles of gender-appropriate clothing. It was the third such raid on homosexual establishments in Greenwich Village in a short period of time.
The crowd outside the pub did not flee or scatter this time, as they had virtually always done in the past. As they observed bar-goers being dragged into a police vehicle, their rage was palpable. They started jeering and jostling the officers, then tossed bottles and garbage at them. The cops, who were used to more passive behaviour even from larger LGBT organisations, summoned for backup and shut themselves inside the pub as 400 people rioted. The police roadblock was repeatedly broken through and set on fire. Police reinforcements came just in time to put out the fires, and the throng was ultimately dispersed.
For the following five days, the rioting outside the Stonewall Inn rose and faded. Many historians saw the revolt as a spontaneous response to the ongoing police harassment and societal persecution that a range of sexual minorities faced in the 1960s. Despite the fact that there had been previous gay-rights protests, the Stonewall incident was perhaps the first time lesbians, gays, and transgender people saw the value in banding together for a common cause. The Stonewall Riots, which took place in the backdrop of the civil rights and feminist movements, were a catalyst for change.
The Legacy Of Stonewall
Stonewall quickly became a symbol of social and political resistance that would inspire decades of unity among LGBT communities. Although the Stonewall riots did not officially start the LGBT rights movement, they did serve as a spark for a new wave of political engagement. Older organizations, such as the Mattachine Society, which was created in southern California as a discussion club for homosexual men in the 1950s and prospered, were quickly eclipsed by more radical organizations, such as the Gay Liberation Front (GLF) and the Gay Activists Alliance (GAA).
In addition to staging numerous public protests to protest the absence of civil rights for LGBT people, these organizations frequently used techniques such as public confrontations with politicians and disruption of public meetings to question and change social norms. Acceptance and respect from the elite were being sought violently and righteously, rather than humbly. Many homosexual men and lesbians’ broad-based radical action in the 1970s helped to put in motion a new, non-discriminatory trend in government policy and educate society about this large minority.
The Human Rights Campaign, OutRage! (Headquartered in the United Kingdom), GLAAD (previously Gay and Lesbian Alliance Against Defamation), PFLAG (formerly Parents, Families and Friends of Lesbians and Gays), and Queer Nation were all founded as a result of the event. The Stonewall Inn was added to the National Register of Historic Places in 1999, and President Barack Obama declared the Stonewall rebellion site as a national monument in 2016. The Stonewall Inn, Christopher Park, and the surrounding streets and walkways were all part of the 7.7-acre (3.1-hectare) monument.
New York City’s police commissioner, James P. O’Neill, made an apology on behalf of the police department in 2019, soon before the 50th anniversary of the riots, saying, “The measures performed by the N.Y.P.D. were wrong—plain and simple.”
Top 13 Interesting Facts About Gay Rights
The gay rights movement, also known as the homosexual rights movement or the gay liberation movement, is a civil rights movement that advocates for equal rights for gay men, lesbians, bisexuals, and transgender people; works to repeal sodomy laws prohibiting homosexual acts between consenting adults; and campaigns to end discrimination against gay men, lesbians, and transgender people in employment, credit, housing, public accommodations, and other areas of life.
Beginning in the 16th century, British legislators began to classify homosexual behaviour as a crime rather than just immoral. During Henry VIII’s reign in the 1530s, England established the Buggery Act, which made male-to-male sexual encounters a criminal violation punishable by death.
Until 1861, sodomy in the United Kingdom was a death felony punished by hanging. Two decades later, in 1885, Parliament passed an amendment sponsored by Henry Du PréLabouchere that created the offence of “gross indecency” for same-sex male sexual relations, allowing for the prosecution of any form of sexual behaviour between men (lesbian sexual relations were not subject to the law because they were unimaginable to male legislators).
There were few “movements” for LGBT rights before the end of the nineteenth century. Indeed, Oscar Wilde’s lover, Lord Alfred (“Bosie”) Douglas, claimed in his 1890 poem “Two Loves,” “I [homosexuality] am the love that dares not say its name.”
With the foundation of the Scientific-Humanitarian Committee (Wissenschaftlich-humanitäres Komitee; WhK) in Berlin in 1897, homosexual men and women were given a voice.
Their first action was to circulate a petition to have Article 175 of the Imperial Penal Code repealed (submitted 1898, 1922, and 1925).
The group distributed emancipation material, organised protests and advocated for legislative reform across Germany, the Netherlands, and Austria, and by 1922, it had established 25 local branches.
Stonewall quickly became a symbol of social and political resistance that would inspire decades of unity among LGBT communities.
Although the Stonewall riots did not officially start the LGBT rights movement, they did serve as a spark for a new wave of political engagement.
Older organisations, such as the Mattachine Society, which was created in southern California as a discussion club for homosexual men in the 1950s and prospered, were quickly eclipsed by more radical organisations, such as the Gay Liberation Front (GLF) and the Gay Activists Alliance (GAA).
In addition to staging numerous public protests to protest the absence of civil rights for LGBT people, these organisations frequently used techniques such as public confrontations with politicians and disruption of public meetings to question and change social norms.
Acceptance and respect from the elite were being sought violently and righteously, rather than humbly.
Many homosexual men and lesbians’ broad-based radical action in the 1970s helped to put in motion a new, nondiscriminatory trend in government policy and educate society about this large minority.