Homosexuality decriminalized in India!

[Snipee356]

Just breaking that the Supreme Court rules that homosexuality does not fall under Section 377.

[Beet]

Apparently it previously carried life in prison. Good move.

[TDAS04]

Excellent.

[Former President tack50]

I generally prefer to see homosexuality and the like handled by parliament and not by courts (less controversial) but in any case great news for India!

[Snipee356]

I generally prefer to see homosexuality and the like handled by parliament and not by courts (less controversial) but in any case great news for India!

I don't believe a parliament should be able to decide what is and is not a fundamental human right. Any reactionary government (the current one, for instance) would easily be able to overturn it.

[Santander]

I generally prefer to see homosexuality and the like handled by parliament and not by courts (less controversial) but in any case great news for India!

I don't believe a parliament should be able to decide what is and is not a fundamental human right.

Yeah, fundamental rights are fundamental rights, regardless of what a majority of legislators decide...

[ON Progressive]

Excellent.

[Former President tack50]

I generally prefer to see homosexuality and the like handled by parliament and not by courts (less controversial) but in any case great news for India!

I don't believe a parliament should be able to decide what is and is not a fundamental human right. Any reactionary government (the current one, for instance) would easily be able to overturn it.

I was under the impression that those kinds of laws were the ones that are never going to be repealed even if a reactionary government comes into power, plus legalization by an elected parliament will always be more "legitimate" in the eyes of the people than legalization by unelected  judges.

Has any country that legalized homosexuality (or gay marriage) ever made it illegal again?

In any case it's great news though.

[Lachi]

I generally prefer to see homosexuality and the like handled by parliament and not by courts (less controversial) but in any case great news for India!

This was actually a constitutional issue that dated back from the colonial era. Parts of S377 has already been struck down by the courts before sodomy was. Besides, the BJP is in, you think they'd do anything?

[EPG]

Has any country that legalized homosexuality (or gay marriage) ever made it illegal again?

Bermuda's Supreme Court legalised marriage in 2017. The government attempted to circumvent the ruling by a bill banning marriage but establishing non-marital domestic partnerships, which was enacted. Then that ban was repealed by the SC, too. The global cruise liner industry seems to have been quite important in financing the legal cases.

[🦀🎂🦀🎂]

I generally prefer to see homosexuality and the like handled by parliament and not by courts (less controversial) but in any case great news for India!

I don't believe a parliament should be able to decide what is and is not a fundamental human right. Any reactionary government (the current one, for instance) would easily be able to overturn it.

I was under the impression that those kinds of laws were the ones that are never going to be repealed even if a reactionary government comes into power, plus legalization by an elected parliament will always be more "legitimate" in the eyes of the people than legalization by unelected  judges.

Has any country that legalized homosexuality (or gay marriage) ever made it illegal again?

In any case it's great news though.

The USSR decriminalised homosexuality under Lenin, then criminalised it again under Stalin. After Stalin died, the laws remained on the books but weren't enforced; it was finally redecriminlised by Yeltsin in the 90's. And of course, now "promoting" homosexuality has been banned again by Putin.

[hurricanehink]

This leaves Nigeria as the most populated country that has laws against homosexuality, even resulting in a death sentence in some states. Hopefully more countries will follow India’s lead in liberalizing antiquated laws and practices.