Abstract
As an avenue to guarantee and ensure the enjoyment of right to freedom of private and family life, spouses have been permitted and encouraged by various laws to get married to one another. The concept of marriage has been generally understood and confined within the following meaning: “a legal union between a male and a female with a view to becoming husband and wife.” Such definition precludes any unionism that may occur between same-sex couples in a manner contrary to the law and public policy. In the recent past, the Government of Nigeria has signed into law a bill known as “Same-Sex Marriage (Prohibition) Bill, 2011”. The Bill prohibits a marriage between two same couples and all sort of matters connected therewith such as forming a union that has to do with same-sex marriage. The prohibition has been supported by the religious declarations, people’s culture, public policy and morals in the country. The passage of the Bill into law has attracted series of condemnations by some of the international community and the proponents of same-sex marriage. For it is said to have been enacted contrary to the human rights law and the Nigerian constitution. According to the proponents of same-sex marriage, the passage of the Bill into law is an attempt to deprive some minorities of their basic social rights such as right to freedom of private and family life; freedom to assemble peacefully; and freedom from discrimination as contained under the International, regional and domestic instruments. Hence according to them, the Enactment is illegal and unconstitutional. Hence, it is against this controversy that the paper attempts to examine the legality of the anti- gay law in Nigeria with a view to drawing a line of demarcation between the protection of human rights on one part and the right of gays to marry one another on the other part.
Highlights
Time before now, marriage has been understood as a union between a male and a female adult with a view to becoming husband and wife
The concept of same-sex marriage is a growing trend which apart from its legal implication has a negative impact on the Nigerian religions, customs, norms and values
The concept of human rights has for long been recognized by the Nigerian religions, norms and traditions
Summary
Marriage has been understood as a union between a male and a female adult with a view to becoming husband and wife. In the Nigerian Matrimonial Causes Act, the term “marriage” has not been defined based on the moral and religious ground.16 It has been understood from its context to mean a legal union between male and female with a view among other things to giving birth to children. The Government in Nigeria as well as some NGOs have been for long pushing forward to see that the term “Marriage” under both the Marriage Act and Matrimonial Causes Act has been explicitly defined It has been proposed sometimes in a working paper on the Reform of the laws of marriage in Nigeria (2006), that the definition of marriage should contain the following words: “...a union intended for life between a male person and a female person to the exclusion of all others during the continuance of the marriage, and for the avoidance of doubt, shall not apply with respect to the contracting marriage under Customary Law or Islamic Law.” The term “Marriage” can be defined as a legally binding union between a man and a woman be it performed under the authority of the State, Islamic Law or Customary Law.. The Bible says: “But the men of Sodom were wicked and sinners before the Lord exceedingly.” He confirmed
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callDisclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
