TABLE OF CONTENTS
Title Page i
Certification ii
Approval iii
Dedication iv
Acknowledgement v
Table of Contents vii
CHAPTER ONE: INTRODUCTION
1.1 Definition of Homosexuality 1
1.2 Who is a Homosexual? 16
1.3 What is Marriage? 18
1.4 Forms of Same-Sex Marriages 26
1.5 Same-Sex Marriage in Contradistinction with Purpose
of Marriage in the Ordinary Sense 30
CHAPTER TWO: LAW AND MORALITY IN RELATION TO HOMOSEXUALITY AND SAME MARRIAGES
2.1 The Moral Implication of Homosexuality and Same-Sex
Marriage 35
2.2 Moral Implication of Homosexuality in Nigeria 47
CHAPTER THREE
3.1 Anti-Homosexuality and Same-Sex Marriage
Legislations in Nigeria 56
3.2 Attempts by the Nigerian Legislature and People
to Stopping the Scourge 59
CHAPTER FOUR: OPINION ACROSS THE WORLD
4.1 Social and Legal View Point of Homosexuality
Around the World History 68
4.2 Social and Legal View Point of Homosexuality
in America 72
CHAPTER FIVE: CONCLUSION AND RECOMMENDATIONS
5.1 Conclusion 78
5.2 Recommendations 81
Bibliography 82
A LEGAL AND
JURISPRUDENTIAL ANALYSIS OF HOMOSEXUALITY AND SAME SEX MARRIAGES SUPPORTING THE NIGERIAN POSITIION
CHAPTER ONE
- DEFINITION OF HOMOSEXUALITY
Homosexuality is romantic attraction, sexual attraction or sexual behavior between members of the same sex or gender. As a sexual orientation, homosexuality is “an enduring pattern of emotional, romantic, and/or sexual attractions” to people of the same sex. It “also refers to a person’s sense of identity based on those attractions, related behaviors, and membership in a community of others who share those attractions.”
Along with bisexuality and heterosexuality, homosexuality is one of the three main categories of sexual orientation within the heterosexual–homosexual continuum. Scientists do not know what determines an individual’s sexual orientation, but they theorize that it is caused by a complex interplay of genetic, hormonal, and environmental influences, and do not view it as a choice. They favor biologically-based theories, which point to genetic factors, the early uterine environment, both, or the inclusion of genetic and social factors. Hypotheses for the impact of the post-natal social environment on sexual orientation, however, are weak, especially for males. There is no substantive evidence which suggests parenting or early childhood experiences play a role with regard to sexual orientation. While some people believe that homosexual activity is unnatural, scientific research has shown that homosexuality is a normal and natural variation in human sexuality and is not in and of itself a source of negative psychological effects. There is insufficient evidence to support the use of psychological interventions to change sexual orientation.
1.2 WHO IS A HOMOSEXUAL?
According to the Lexicon Webster Dictionary,[1] a homosexual is one who is characterized by a sexual interest in a person of the same sex. The Oxford Dictionary of Current English[2] defines a homosexual in its adjectival form; as a feeling or involving sexual attraction to people of one’s own sex.
From the above definition, it is clear that a homosexual is a person who prefers and proffers affections, intimately and sexually to persons of the same sex; that is a man who would rather have sexual relations with a man; and a woman who would rather have sexual relations with another woman. It is clear therefore that a homosexual person can either be a man or a woman. A male homosexual is often referred to as gay, which according to the Oxford Dictionary of Current English (supra), is a homosexual man. While a female homosexual; is regarded or known as a lesbian (which originates from Lesbos; a Greek Island and homo of Sappho; who expressed her love for woman in her poetry).[3] The Lexicon Webster Dictionary (supra) defined a lesbian as a female homosexual and lesbianism as homosexual relations between females.
The attitudes of society towards homosexuality has varied from age to age; from society to society and from group to group. Homosexuality has sometimes been extolled (praised enthusiastically); and at other times, it has been condemned as a heinous crime; a classic example is the destruction of Sodom and Gomorrah by God in the Bible.[4] Homosexuals vary in personal capabilities and appearances as widely as other groups, many are ordinary men and women (just ordinary people), a few have a made outstanding contributions in artistic and other field. For example, George Michael (Pop Musician), Sir Elton John (Musician).
1.3 WHAT IS MARRIAGE?
Marriage is a universal institution which is recognized and respected all over the world. As a social institution, marriage is founded on, and governed by the social and religious norms of society. Consequently, the sanctity of marriage is a well-accepted principle in the world community. Marriage is the root of the family and of society.
It is universally accepted that marriage, being a union of man and woman, involves two persons of opposite sex. Consequently, sex constitutes an essential determination of marriage relationship. In order, therefore, to establish the existence of a valid marriage, it must be proved that the persons involved are man and woman. Ordinarily, this seems a straightforward question. However, the issue has been complicated by the existence of hermaphrodites and pseudo-hermaphrodites[5] and advances in medical science which has made sex-change operation feasible. In the light of this important development, the legal question has arisen as to the sex of persons who had undergone sex-change operations and whether such person can be regarded as “man” or “woman” for the purposes of contracting a valid marriage. This question has been considered in different jurisdictions.
In the English cases of Corbett v Corbett,[6]the petitioner and the respondent went through a ceremony of marriage in September, 1963. The petitioner knew that the respondent had been registered at birth as a male and had in 1960 undergone an operation for the removal of the testicles, most of the scrotum and the construction of an artificial vagina. Since that operation, the respondent had lived as a woman. In December, 1963, the petitioner filed a petition for a declaration that the marriage was null and void because the respondent was a person of the male sex or alternatively, for a decree of nullity on the ground of either incapacity or willful refusal to consummate. The respondent in the answer prayed for a decree of nullity on the ground of either the petitioner’s incapacity or his willful refusal to consummate the marriage. Furthermore, she pleaded that the petitioner was stopped from alleging that the marriage was void. Ormrod, J. held that the respondent had remained at all times a biological male and that, accordingly, the so-called marriage was void. The learned judge observed.
The New Webster Dictionary on English Language; International Edition.
The Oxford Dictionary of Current English, (3rd Edition).
Garcia-Falgueras A. Swaab DF (2010). “Sexual Hormones and the Brain: An Essential Alliance for Sexual Identity and Sexual Orientation”. Endocrine Development 17:22-35.
Royal College of Psychiatrists: Submission to the Church of England’s Listening Exercise on Human Sexuality.
Simon, LeVay (1996). Queer Science: The Use and abuse of Research into Homosexuality.
“Sexual Hormones and the Brain: An Essential Alliance for Sexual Identity and Sexual Orientation”. Endocrine Development 17:22-35.
