Column: Gay Rights and the Global Culture
- Last Updated: Tuesday, 18 September 2018 16:32
-by Gwynne Dyer
Is there really such a thing as a global culture? Consider gay rights.
Last Thursday the Indian Supreme Court decriminalized homosexuality. Last April a court in Trinidad and Tobago found colonial-era laws banning gay sex to be unconstitutional. And late last year, Australia became the umpteenth state to legalize same-sex marriage. There is a slow-motion avalanche going on.
Yes, 35 of the 63 Commonwealth countries, mostly in Africa or the West Indies, still make homosexual acts a criminal offence. Yes, some countries, including Nigeria and Uganda, have even tightened their anti-gay laws. And in the ultra-conservative Malaysian state of Terengganu last week, two women were lashed six times with a cane and fined $800 for ‘trying to have sex’ (whatever that means) in a car.
Change was never achieved easily, and it still isn’t. Section 377, the 19th-century law that made a same-sex relationship in India an “unnatural offence” punishable by a 10-year jail term, was struck down by the Delhi High Court in 2009. The Indian gay community, as big as anywhere else but more oppressed than most, celebrated, and many people came out of the closet, especially in the big cities.
Some of them paid a high price when the Indian Supreme Court then reinstated Section 377 in 2013, saying that only parliament could change the law. This year the very same court reviewed that decision and reversed it. Why did it do that? After all, the Indian Constitution hadn’t changed in the meantime.
Nobody on the Indian Supreme Court will admit this in public, but the real reason for the about-face was that the consensus global definition of human rights has expanded far enough to make its previous ruling untenable. No grown-up country that is fully engaged with the rest of the world wants to be embarrassed by laws that make it look medieval.