Socio-legal Implication of Legalising Same-Sex Marriage in Cultural Yoruba Society, Osun State, Nigeria

Abstract

Previous studies on same-sex marriage have only examined the discourse of same-sex marriage through the lens of religion, morality and philosophy. Others include political and human rights perspective in Nigeria with paucity of research on socio-legal dimension. Therefore, this paper assesses the socio-legal consequences that are plausible with the legalisation of same-sex marriage in cultural Yoruba society. The exploratory design was employed with a total of 20 respondents (community and traditional leaders and law enforcement officers) recruited through purposive and convenience recruitment strategies. The semistructure interview approach was used for data collection and the NVivo (v. 12) qualitative software was employed in identifying themes from the transcripts interview. The study reveals a range of perception about same-sex marriage including exposure to sexually transmitted diseases (STDs) as well as HIV/AIDS, and the challenge of procreation which remains a sacrosanct need of marriage. Social implication reveals a taboo to existing cultural tradition, norms, values and customs of the Yoruba cultural society and a blasphemy to religion which can trigger societal unrest. The legal implication uncovered include that same sex exudes a danger to public morality, with 14 years imprisonments for offenders and 10 years for accomplices. The analysis takes the position of the constitution of gender ministry by the Osun State government where issues of same-sex marriage can be effectively addressed for the sanity of the cultural Yoruba.