Progress!

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Finally, the law has changed. Congrats to at the activists in India that made it happen! Our hats off to you.

In a landmark ruling Thursday that could usher in an era of greater freedom for gay men and lesbians in India, New Delhi’s highest court decriminalized homosexuality.

“Discrimination is antithesis of equality,” the judges of the Delhi High Court wrote in a 105-page decision that is the first in India to directly guarantee rights for gay people. “It is the recognition of equality which will foster dignity of every individual,” the decision said.

Homosexuality has been illegal in India since 1861, when British rulers codified a law prohibiting “carnal intercourse against the order of nature.” [Link]

156 thoughts on “Progress!”

  1. Nice example of judicial activism. Where are India’s Clarence Thomas, Kennedy, Scalia, Alito and Roberts?

    Along with French rulings, Indian rulings are remarkably clear headed and free of sanctimony, bombast, cant, and plain bad reasoning. Sadly after the exit of Marshall J. US SC rulings, thanks in large measure to ignoramuses like Scalia (and now the trashy four) have lost their zing and very predictable. Roberts J.’s tenure is remarkable for the utter lack of single ruling of note. Scalia if nothing is good for a laugh. I am looking forward to the admission of Sotomayor for some much needed zing. Scalia has ruled the roost for too long with too little.

  2. Roberts J.’s tenure is remarkable for the utter lack of single ruling of note.

    Whaaa? This court is radically remaking the legal landscape in favor of hard right wing conservativism. John Roberts’ totally clowned the Senate with his talk of stare decisis and calling balls and strikes, and has very successfully got the measure of Kennedy.

    I am looking forward to the admission of Sotomayor for some much needed zing.

    There is no shortage of zing in the heartfelt dissents by Ginsburg, Souter et al. But these are just sideshows, and addition of more zing from Sotomayor is hardly going to change that. Unless she has a compelling articulation of an agenda, and reveals hitherto undisplayed political skills in luring Kennedy away from the Roberts camp.

  3. I think if you really want to decide if something is “right” or not, I just simply ask myself “does it hurt anyone?”. To me, two consenting adults loving each other doesn’t hurt anyone else.If I am personally uncomfortable with an issue, I can think “well, I’m not personally comfortable, but it doesn’t hurt anyone, so who am I to make their choices for them?

    Humans are social creatures by nature. Society structures people’s choices for them all the time.Taking a hands-off approach to that doesn’t make them any more free, it just means you’re enthralled to a different master. Rather than culture you have consumerism. Instead of traditions you have fads.

    While I personally don’t have a problem with decriminalizing homosexuality, you do need to recognize that just as there is more to human life than advancing the species, there is more to making society tick than just the harm principle and there is more to having a meaningful life than just preference satisfaction and the fulfillment of material desires. People also desire order, the cultivation of virtue, and the common sense of culture that builds vibrant communities rather than regarding us all as random collections of atomized individuals.