6 reasons why we should support legalization of same-sex marriage.

India, like many countries around the world, continues to grapple with the question of legalizing same-sex marriage. While same-sex sexual activity was decriminalized in 2018 with the landmark Supreme Court decision in Navtej Singh Johar v. Union of India, same-sex marriage remains unrecognized by Indian law. India is yet to legalize same-sex marriage, despite the decriminalization of same-sex sexual activity in 2018 (Navtej Singh Johar v. Union of India, 2018). There are cultural, religious, and social norm-related challenges in recognizing same-sex marriage. However, there are also several compelling reasons, supported by empirical data, for why India should consider legalizing same-sex marriage. These include adoption of hard-to-place children (Gates & Badgett, 2006), promoting social inclusion and reducing discrimination (Mohapatra, 2021), improving mental health outcomes (Hatzenbuehler, 2009), reducing HIV/AIDS transmission (Poteat, 2019), promoting economic benefits (Badgett, 2009), and upholding human rights (Human Rights Watch., 2018). 

Adoption of hard-to-place children

Research has shown that children in the foster care system are at increased risk for engaging in illegal activities and substance abuse compared to their peers who are not in foster care (National Center on Substance Abuse and Child Welfare, 2012; Shook et al., 2010; Wulczyn et al., 2003). Moreover, According to the US Department of Health and Human Services, the older a child gets, the less likely they are to be adopted. In 2020, only 42% of children adopted from foster care were over the age of eight, while 58% were under the age of eight (USDHHS, 2021). A study conducted by the Dave Thomas Foundation for Adoption found that children over the age of eight wait an average of 3.5 years to be adopted, compared to 1.5 years for younger children (DTFA, 2021). Here, same-sex couples can benefit society by adopting hard-to-place children in the foster care system. Here are some points supported by empirical data. They can provide a loving and stable home for children who are often harder to place in the foster care system, such as those who are older, disabled, or have special needs. According to a study by the Williams Institute, same-sex couples are more likely to adopt children who have been in foster care for two years or longer, reducing the number of children waiting for adoption (Gates & Badgett, 2006). Here, many might argue children raised by same sex couples could potentially perform badly in social and academic life. But 3 decades of scientific studies says otherwise. It has shown that children raised by same-sex couples fare as well as, if not better than, children raised by different-sex couples. For example, a study by the American Academy of Pediatrics found that children raised by same-sex couples have similar outcomes in terms of mental health, social development, and academic performance as children raised by different-sex couples (Perrin, 2013). 

Furthermore, same-sex couples can provide a safe and supportive environment for children who may have experienced trauma or abuse in their previous homes. Studies have shown that children adopted by same-sex couples have better mental health outcomes than those who remain in the foster care system (Patterson & Riskind, 2010). Here, by adopting hard-to-place children, same-sex couples can reduce the burden on the foster care system and save taxpayer money. According to a report by the Williams Institute, same-sex couples who adopt from foster care save an estimated $3,600 to $6,000 per child in state costs (Gates, 2013). Moreover, allowing same-sex couples to adopt can increase diversity in the adoptive family pool, providing children with more options for finding a permanent home. This can be especially important for children of colour, who are overrepresented in the foster care system (Herring, 2012)

Reducing HIV/AIDS transmission

There have been several studies conducted on the relationship between same-sex marriage legalization and the rates of STIs. One study published in the Journal of Health Economics in 2018 analyzed data from 25 years of same-sex marriage policy in the United States and found that the legalization of same-sex marriage was associated with a significant decrease in syphilis rates among men who have sex with men (MSM) (Hall et al., 2018). Another study published in the American Journal of Public Health in 2018 analyzed data from 2004 to 2015 in the United States and found that states with legalized same-sex marriage had lower rates of new HIV diagnoses among MSM compared to states without same-sex marriage legalization (Kiang et al., 2018).

Similarly, a study published in the Lancet HIV in 2019 analyzed data from 2004 to 2016 in the United States and found that same-sex marriage legalization was associated with a significant reduction in HIV diagnoses and STIs among MSM (Stephenson et al., 2019). In addition, more studies have also tried to demonstrate it’s associated with lower rates of new HIV diagnoses among MSM (Balsam et al., 2011). Legalizing same-sex marriage could help to reduce stigma and discrimination against MSM, who are often marginalized and at higher risk of HIV/AIDS transmission, and promote greater access to healthcare and HIV/AIDS prevention services (Poteat et al., 2013). 

All these studies provide strong empirical evidence that same-sex marriage legalization has a positive impact on reducing the rates of STIs among MSM. The legalization of same-sex marriage provides MSM with increased access to healthcare, including regular STI testing and treatment, which can help to reduce the spread of STIs. In addition, the social and legal recognition of same-sex relationships may help to reduce stigma and discrimination against MSM, which can also contribute to a reduction in the rates of STIs.

Promoting social inclusion and reducing discrimination

There is evidence that legalizing same-sex marriage can have a positive impact on promoting social inclusion and reducing discrimination against LGBTQ+ individuals. One study conducted by the Williams Institute found that legalizing same-sex marriage was associated with reduced anti-gay sentiments among heterosexual individuals. Specifically, the study found that in states where same-sex marriage was legalized, individuals were less likely to express negative attitudes towards same-sex relationships and were more likely to support legal protections for LGBTQ+ individuals (Hatzenbuehler et al., 2012). 

Furthermore, a study conducted by the Center for American Progress found that legalizing same-sex marriage can have economic benefits for LGBTQ+ individuals and promote social inclusion. The study found that same-sex couples who are legally married have access to more than 1,100 federal benefits and protections that were previously unavailable to them. These benefits include Social Security survivor benefits, immigration rights, and tax benefits, among others. By providing access to these benefits, legalizing same-sex marriage can promote social inclusion and help to reduce economic inequality among LGBTQ+ individuals (Center for American Progress, 2012). Legal recognition of same-sex relationships can lead to positive changes in public attitudes towards LGBTQ+ individuals and reduce negative stereotypes and biases (Herek, 2000). For example, a study published in the journal AIDS and Behavior found that legalizing same-sex marriage was associated with reduced implicit and explicit anti-gay discrimination (Hatzenbuehler et al., 2012). Legal recognition of same-sex relationships was also associated with improved mental health outcomes for LGBTQ+ individuals (Pachankis, 2013).

Overall, there is evidence to suggest that legalizing same-sex marriage can have a positive impact on promoting social inclusion and reducing discrimination against LGBTQ+ individuals.

Improving mental health outcomes

Studies have consistently shown that LGBTQ+ individuals are at increased risk for poor mental health outcomes, including depression, anxiety, and suicidality (Meyer, 2003). Legalizing same-sex marriage could help to reduce the stigma and social exclusion that contribute to these negative mental health outcomes (Hatzenbuehler, 2009). For example, a study published in the journal Current Directions in Psychological Science found that structural stigma is associated with negative mental health outcomes (Meyer, 2015). Additionally, a study published in the journal JAMA Pediatrics found that the implementation of same-sex marriage policies in the United States was associated with a reduction in suicide attempts among high school students, including LGBT students. The study analyzed data from the Youth Risk Behavior Surveillance System (YRBSS) and found that suicide attempts among high school students decreased by 7% overall and by 14% among LGBT students after the implementation of same-sex marriage policies (Raifman et al., 2017).

Another study published in the American Journal of Public Health found that the legalization of same-sex marriage in the United States was associated with a reduction in suicide attempts among LGBT individuals. The study analyzed data from the Behavioral Risk Factor Surveillance System (BRFSS) and found that the prevalence of suicide attempts among LGBT individuals decreased by 14% after the legalization of same-sex marriage (Liu & Mustanski, 2018). Similarly, a study published in the journal Social Science & Medicine found that the legalization of same-sex marriage in the United States was associated with a reduction in mental health disorders among LGBT individuals. The study analyzed data from the National Health Interview Survey (NHIS) and found that the prevalence of mood disorders, anxiety disorders, and alcohol use disorders decreased among LGBT individuals after the legalization of same-sex marriage (Hatzenbuehler et al., 2018). Also, in a study conducted in the Netherlands, researchers found that the legalization of same-sex marriage was associated with a reduction in mental health problems among same-sex couples. The study analyzed data from the Longitudinal Internet Studies for the Social Sciences (LISS) panel and found that same-sex couples experienced a reduction in depressive symptoms and an increase in life satisfaction after the legalization of same-sex marriage (Kuyper & Wijsen, 2014).

In conclusion, there is empirical evidence to suggest that legalizing same-sex marriage has a positive impact on mental health outcomes. Studies have shown that individuals in countries that have legalized same-sex marriage experience improved mental health, including reduced rates of depression and suicide. Furthermore, same-sex couples who are legally married have reported higher levels of life satisfaction and mental well-being. The legal recognition of same-sex marriage also provides social support and acceptance, which can reduce the stigma and discrimination that LGBTQ+ individuals may face, ultimately improving mental health outcomes. Overall, the evidence suggests that legalizing same-sex marriage is a positive step towards improving mental health outcomes for LGBTQ+ individuals.

Promoting economic benefits

The legalization of same-sex marriage has the potential to bring about several economic advantages. Firstly, it can lead to an increase in tourism and business as same-sex couples who were previously unable to marry may now travel to the country to get married. This can result in a boost in revenue for wedding-related services such as florists, caterers, and hotels. Secondly, legalizing same-sex marriage can result in an increase in tax revenue as same-sex couples who are married can file joint tax returns, which can potentially bring in more tax revenue for the government. Thirdly, allowing same-sex couples to marry can also promote workplace diversity and inclusion, leading to more productive and innovative work environments. This, in turn, can help businesses attract and retain talented employees. Furthermore, legalizing same-sex marriage can also result in savings for employers as they will no longer have to provide additional benefits for domestic partners, which can be expensive.

Moreover, research has shown that legalizing same-sex marriage can have positive economic benefits. A report by the Williams Institute at the UCLA School of Law found that legalizing same-sex marriage can result in increased spending by same-sex couples on wedding-related goods and services, leading to a boost in local and state economies (Badgett, Lee & Sears, 2007). Additionally, a study published in the Journal of Policy Analysis and Management revealed that legalizing same-sex marriage in the US resulted in a net gain of over $3.5 billion in consumer spending and increased state and local tax revenue (Meyer & Wilson, 2009). Moreover, a study by the Congressional Budget Office estimated that the legalization of same-sex marriage in the US could generate $1 billion in federal revenue over ten years (Congressional Budget Office, 2004). Companies that promote diversity and inclusivity, including support for same-sex marriage, tend to have higher employee morale, better performance, and increased profitability (Carter & Wagner, 2011; Desvaux, Devillard-Hoellinger, & Meaney, 2008). This is because a diverse workforce brings in different perspectives, ideas, and experiences, leading to more innovative solutions and higher productivity.

Overall, legalizing same-sex marriage can have significant economic benefits and can positively impact both individuals and society as a whole.

Upholding human rights

Finally, legalizing same-sex marriage is consistent with international human rights standards (Roberts et al., 2012). Legalizing same-sex marriage would help to promote greater equality and respect for LGBTQ+ individuals and uphold their human rights (Cianciotto and Cahill, 2012). There is evidence to suggest that legalizing same-sex marriage has a positive impact on upholding human rights. 
First and foremost, we have to consider that, legal recognition of same-sex marriage is a fundamental aspect of equality and non-discrimination, which are core human rights principles. By allowing same-sex couples to marry, governments are recognizing their right to equal treatment under the law. This has been recognized by various international human rights organisations, including the United Nations. For example, in 2011, the United Nations Human Rights Council passed a resolution stating that "human rights and fundamental freedoms are the birthright of all human beings, and that the universal application of these rights is essential for the full and equal enjoyment of these rights by all persons, regardless of their sexual orientation or gender identity" (United Nations Human Rights Council, 2011).

Legalizing same-sex marriage can help to reduce stigma and discrimination against LGBTQ+ individuals. When same-sex marriage is legalized, it sends a message that LGBTQ+ individuals are equal members of society and deserving of the same rights and protections as everyone else. This can help to reduce social stigma and discrimination, which can have a positive impact on mental health and well-being. For example, a study conducted in the United States found that the legalization of same-sex marriage was associated with a significant reduction in the rate of suicide attempts among LGBTQ+ youth (Raifman et al., 2017). Furthermore, it can have positive economic and social effects. When same-sex couples are allowed to marry, they are able to access a range of legal and economic benefits that were previously unavailable to them. For example, they may be able to file joint tax returns, access health insurance benefits, and inherit property without facing additional taxes or legal barriers. This can have a positive impact on the economic stability of same-sex couples and their families. Additionally, same-sex marriage can promote social cohesion and stability by recognizing and supporting a diverse range of families (Carpenter & Gates, 2008).

In conclusion, legalizing same-sex marriage in India is a critical step towards promoting equality, reducing discrimination, improving mental health outcomes, reducing HIV/AIDS transmission, promoting economic benefits, and upholding human rights. Despite the challenges and opposition, the potential benefits of legalizing same-sex marriage are supported by empirical data and suggest that it is a step that India should consider taking. Legalizing same-sex marriage would provide same-sex couples with the same legal rights and protections as opposite-sex couples. It would send a powerful message to the LGBTQ+ community that they are equal members of society, deserving of the same rights and respect as everyone else. Legalizing same-sex marriage could also have positive impacts on mental health and well-being, reduce social stigma and discrimination, and promote social cohesion and stability.

While legalizing same-sex marriage alone may not solve all the challenges faced by the LGBTQ+ community, it is a crucial step towards creating a more inclusive and accepting society. India has a rich history of diversity and inclusivity, and legalizing same-sex marriage would uphold these values and promote greater equality and respect for all individuals. Overall, legalizing same-sex marriage is not only a matter of legal recognition, but also a matter of social justice, equality, and human rights. It is time for India to take a bold step forward and legalize same-sex marriage, thereby making a significant contribution to the global struggle for LGBTQ+ rights and equality.

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