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PHILOSOPHY OF SAME SEX MARRIAGE: JURISPRUDENTIAL ANALYSIS OF HOMOSEXUALITY IN NIGERIA AND OTHER COUNTRIES

PHILOSOPHY OF SAME SEX MARRIAGE: JURISPRUDENTIAL ANALYSIS OF HOMOSEXUALITY IN  NIGERIA AND OTHER COUNTRIES

CHAPTER ONE

INTRODUCTION

1.1       Background of the study

Philosophy is the study of universal, deep seated and fundamental problems concerning matters such as homosexuality, morals, values, reason, mind, and a particular system of philosophical thought. Based upon utilitarianism, principlism, and their four tenets, Kwame believe in the legalization of same-sex marriage based upon the fact that denying this privilege is unethical and immoral[1]  . It’s sometimes said that marriage is exclusively defined as a union between one man and one woman. To suggest that a relationship between two women or two men can ever be marriage is like saying squared circles exist, or calling a chicken a duck[2]

Ultimately, the debate over same-sex marriage is between fundamentally different philosophical foundations that lead to quite different perspectives on politics and law. The natural law perspective holds that same-sex marriage is unnatural, because marriage is for human procreation, deriving from the complementarities of male and female reproductive systems. Indeed, any sex outside of the framework is “unnatural,” and this position results in opposition to any support or sanction for sexual minorities. Obviously, this has a strongly Christian theological component, and has its ultimate roots in the classical political thought of Aristotle. Also, liberal constitutionalism is a supportive of same-sex marriage. This perspective holds that equality and individual rights for all citizens are protected by the Constitution or by fundamental principles of liberal democratic government.  Another perspective is critical of same-sex marriage, but from the perspective of more radical social critiques, primarily through the insights of feminist and queer theory. Theorists in this category argue that marriage is an oppressive institution, especially for women, and individuals seeking liberation and equal treatment should not pursue it through this conservative institution[3]  .

Homosexual marriages have over the last 10 years been a matter of great controversy in Nigeria and also other African countries. Most of the Nigeria politicians particularly those from the ruling party have come out very strongly against same-sex relationships in Nigeria, including the churches. Despite the pleas of homosexual people in Nigeria to be afforded the same rights in relation to marriages and other rights under Nigeria law these have been dismissed with contempt by society in general and politicians in particular. In terms of the current legal landscape, same sex marriages are prohibited[4]  .

1.2       Statement of the problem

A same sex marriage is an idea that has over the previous years been dismissed by most ideologists, law composers and authorization offices. The dismissal is because of the way that homosexuality is considered to be against public morals and church morals. Modern constitutions and international laws have however led to certain countries relaxing their laws concerning homosexual marriages. An example of such a country is South Africa in which same sex marriages can now be solemnised and have the same consequences as heterosexual marriages. In Nigeria however the situation is different, hence same sex marriages are strictly prohibited. This situation is that which has triggered the need to investigate as to whether the prohibition of same sex marriages does not affect the rights as guaranteed under the constitution and international instruments to which Nigeria is party.

 

1.3 Objectives of the study

The general objective of this study is to examine the philosophy of same sex marriage: jurisprudential analysis of homosexuality in comparison to Nigeria and other countries. The legal implications of legalising same sex marriages would also be discussed and the progress and challenges experienced by countries that have legalised same sex marriage. Philosophy of same sex marriage will be discussed including natural law school of thought and others

  • Research Methodology

This research requires the use, mainly, of the doctrinal method to achieve the set objective. Therefore this research applies this method whereby information, facts and law are collected and analysed, having due regard to the constitutional provisions governing the topic of this research.

1.5       Scope and Limitations of the Study

The scope of this research is confined to philosophy of same sex marriage. Also, the study will be limited to identifying the implications of legalizing homosexual marriages in Nigeria

1.6       Literature Review

There is a structure of moral restrictions towards same sex marriage that requires a philosophical examination to decide the importance or generally of the establishment of Nigerian good setting even with the current interest for lawful acknowledgment of same sex marriage. Same sex couples need indistinguishable rights from hetero couples, and by exemplary correspondence standards, this is something all nationals can comprehend: We would need the same thing, and in this manner a similar sex couples have the Brilliant Lead on their side. In any case, the characteristic law of marriage is against it. Two constituent parts live inside marriage; the unititive and transparency towards multiplication. Gay sex disregards these laws. A similar rationale connected towards the case in regards to classifying gay associations. It is an infringement against common law, target truth, and the law of complementarity[5]  . Marriage depends on the way that we are male and female – two parts of an entire nurturing entire and that nurturing power is natural in hetero association. Nigerian good setting as it stand currently is a setting that relate to the musicality of nature rather that with endeavors to control it. Thus, Nigerians think about same sex marriage ethically as an attack against the idea of marriage in substance, setting and hone and along these lines a propensity that can’t and ought not be legitimately perceived[6]  .

[1]  Kwame, Gyeke;  An Essay on African Philosophical Thought: The Akan Conceptual Scheme. 2nd rev. ed. Philadelphia: Temple University Press, 1995.

[2]  Eshleman, J.R. (2000). The Family (9th Edition). Massachuset: Allyn and Bacon.

[3]  Miller B. De Vall, The Social Organization of Gay Males, New York: Praeger, 1978.

[4]  Thiroux, Jacques Ethics Theory and Practice 5th ed. Englewood Cliffs, NJ:  Prentice Hall, 1995

 

[5]  Igwe, Leo “Tradition of same gender marriage in Igboland”. www. IHEU/gay marriage in Igboland.org. Viewed on June 20, 2009:1-5.

[6]  Sullivan, Andrew. Same- Sex Marriage: Pros and Con. New York: Vintage Book 2004. Virtually Normal: An Argument About Homosexuality. New York, Vintage Book, 1997.

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