December 11, 2013
The Indian Supreme Court has struck down a 2009 ruling by a lower court to decriminalize homosexual sex and will uphold the ban. India’s gay community was “disappointed” by the ruling and declared it was a “black day” for LGBT rights.
In Wednesday’s hearing the Supreme Court said that the Delhi High Court overreached its authority by ruling against the ban in 2009. The Delhi High Court moved to abolish Section 377 of the Indian Penal Code, which classifies anal sex as “carnal intercourse against the order of nature,” in 2009.
"It is for the legislature to look into desirability of deleting Section 377 of the Indian Penal Code," the Supreme Court said on Wednesday.
Section 377 was introduced into the Indian legal system during British colonial rule in 1861.
Those found breaking the law banning homosexual intercourse can be punished by a fine and a maximum jail sentence of 10 years.
Before making the decision, justices G S Singhvi and S J Mukhopadhaya heard the appeals of representatives of various LGBT organizations as well as those of religious groups who decried the previous High Court ruling as against the cultural and religious values of the country.
LGBT activists who were in attendance at the hearing visibly broke down when the ruling was pronounced and said the verdict had “taken away their right to life,” reported the India Times.
"Such a decision was totally unexpected from the top court. It is a black day," Arvind Narrain, a lawyer for the Alternative Law Forum gay rights group, told reporters.
One of our main goals now is to destroy the Human Rights Campaign, because I’m tired of sitting on the back of the bumper. It’s not even the back of the bus anymore—it’s the back of the bumper. The bitch on wheels is back.
Isn’t it desperately sad that, at a time when we face formidable problems – poverty, HIV/AIDS, conflict – that the Anglican Communion can invest so much energy on disagreements about human sexuality? A communion that used to boast that one of its distinctive characteristics was something called comprehensiveness, that our communion, the Anglican Church, included just about everybody. Even if you had the most weird theology you could come in, you were allowed. And now we, who used to be held up in admiration by many because of this inclusiveness, are now spending time working out how we can excommunicate one another. God looks on and God weeps. God weeps.
Desmond Tutu “And God Smiles,” sermon preached at All Saints Church, Pasadena, California (November 6, 2005)
Another great quote against homophobia by Archbishop Desmond Tutu. Today he’s made the news for saying this.
I would not worship a God who is homophobic and that is how deeply I feel about this. I would refuse to go to a homophobic heaven. No, I would say sorry, I mean I would much rather go to the other place.
When I first started working on citizenship, older people would say to me, “How can you even take the state seriously? The state is a monster of imperialism.” And I said, “I’m on the side of people’s survival, and if people’s optimism is attached to things like the state, I want to know what the state stands in for.” If we start seeing our objects of ambition and desire as stand-ins, as things that organize our attachment to life, we have a totally different understanding and a kind of generosity toward those objects. That’s why I started working on citizenship in the first place, not because I loved it, but because I saw that people saw it as a state where they could imagine being collective, and being willing to be collective in ways that were also inconvenient for them. So when LGBTQ people want what lots of people want - which is a relief from their loneliness and a social world that would be welcoming and not shaming - I can’t disrespect their objects, I just have to say, “is that all there is?” For me, it’s never about shaming people’s objects, it’s always about creating better and better objects. It’s always about creating better worlds, making it possible for us to think in more and different kinds of ways about how we relationally can move through life.
Lauren Berlant, Interview
Submitted by afieryflyingroule.
It must be nice to only be concerned about DOMA. It must be nice not to be concerned about racism queer people of color face every day. Never mind that we’re the ones that are statistically targeted for anti-queer attacks that result in our deaths than white queer people. Never mind that fact.
Other things I’m seeing on social media related to this:
- "Texas Republicans claim to know the exact moment at which life begins, but can’t comprehend ‘midnight’."
- "3,000 people reported in the capital, more outside."
- “State troopers arrested a woman in the gallery. Shit’s about to get real.”