Can constitutional democracy fulfill its promise without protecting sexual minorities?(https://en.wikipedia.org/wiki/Sexual_orientation)
Sexual orientation is an individual's enduring emotional, romantic, and/or physical attraction to another person. It may be toward members of the same sex, opposite sex, both, or neither. Sexual orientation exists on a continuum from exclusive homosexuality to exclusive heterosexuality, bisexuality, or any combination thereof. The term "sexual minority" refers to nonheterosexuals who identify themselves as lesbian, gay, bisexual, transgender, intersex, asexual, pansexual, polysexual, omnisexual, etc. These groups are often stigmatized and face discrimination in society.
Many governments have begun recognizing them through laws that prohibit discrimination and promote equality. Constitutional democracy offers equal protection under the law but lacks explicit mention of sexual orientation. Without legal protections, sexual minorities risk social exclusion, political marginalization, economic disadvantage, violence, and other forms of persecution. By protecting sexual minorities, constitutional democracies can honor their commitment to human rights and justice while also advancing social progress.
The history of sexual minorities
Historically, societies have viewed homosexuality as unnatural and sinful. The concept of "natural law," dating back to ancient Greece, asserted that nature provides rules for human behavior. Breaking these rules was punishable by death. In the 1800s, psychologists began studying homosexuality as a medical condition, leading to its criminalization across Europe and America. Psychotherapy and conversion therapies attempted to change sexual orientation but failed. Modern science has shown that sexual orientation is genetic and immutable, just like skin color. Asylums for lesbians and gays were established in Germany and Austria during WWII, where homosexual acts were decriminalized. After the war, homophobic repression returned. Gay liberation movements emerged in the US, UK, and Australia, culminating in Stonewall riots against police harassment in New York City in 1969. Today, some states recognize same-sex marriage and adoption rights. While many countries still lack such laws, they provide basic civil rights to all citizens regardless of sexual orientation.
International efforts to protect sexual minorities
International Human Rights Law recognizes the right to privacy, liberty, non-discrimination, equality, freedom from torture, etc., which includes sexual minorities.
National governments determine their application through domestic laws and policies. Some countries criminalize homosexuality or permit it only if not acted upon publicly. This creates a paradox: constitutional democracy promises equal protection under the law while excluding sexual minorities. Many countries have signed international treaties and conventions requiring them to end discrimination based on sexual orientation. The United Nations High Commissioner for Human Rights (OHCHR) publishes regular reports on human rights violations worldwide. It supports LGBTQ+ advocacy organizations and encourages member nations to enact laws protecting sexual minorities. In 2011, UNHRC passed Resolution 17/19 condemning violence and discrimination based on sexual orientation or gender identity. Actions speak louder than words; the US, Russia, China, India, and other major powers oppose such resolutions.
The impact of protecting sexual minorities
Protecting sexual minorities can improve overall social welfare by reducing crime and poverty. Victims are more likely to experience mental illness, depression, substance abuse, suicide, HIV/AIDS infection, and other health problems due to discrimination. Their families face emotional stress and economic hardship. Children of same-sex couples benefit from stable relationships and legal recognition. Explicit laws against discrimination promote diversity, tolerance, inclusivity, community harmony, and creativity. Businesses that respect diversity attract talented employees who value workplace fairness. Protecting sexual minorities also promotes justice, equality, freedom, democratic accountability, and rule of law - essential principles of constitutional democracy. By including all citizens equally under the law, governments demonstrate their commitment to fundamental values and ensure better outcomes for everyone.
Constitutional democracies must explicitly protect sexual minorities to fulfill their promise of equal protection under the law. Doing so will advance human rights, encourage social progress, reduce crime and poverty, and enhance overall wellbeing.
Can constitutional democracy fulfill its promise without protecting sexual minorities?
The promise of constitutional democracy is often seen as providing equal rights and representation for all citizens, regardless of their background or identity. This includes ensuring that marginalized groups such as sexual minorities are protected from discrimination and have access to the same opportunities and freedoms as everyone else.