Beyond the Rainbow in the Green and White

Beyond the Rainbow in the Green and White

Human progression depends chiefly upon the ability of this species to evolve according to the circumstances it is required to adjust to. This principle is what Darwin proposed, despite religious dogma voting against it but we shall dissect it later. Supposition is that man, like other species and unlike other organisms, has progressed in order to achieve sustenance in a world that harbors antagonism for the survival of the species. Principally, it may be understood that human existence is courtesy human instinct that is unlike other living beings. All this philosophy is indicative of a pertinent fact that human beings are creatures that need intellectual evolution as well as physical capability to adjust to such realization. So in terms of social and moral existence, like all others, libertarian survival of human beings must remain somewhat Kantian in not only being free but understanding oneself to be free. Chief virtue would then be intellectual discourse among the educated and the experienced in order to allow progression to occur in the first place. Determinant catalysts would then be neutrality of opinion, capability to absorb dissent and practicality of any such discourse free from compartmentalized prejudice.

The American Supreme Court ruling was quickly observed as deliverance for members of the LGBT community in the US and such a landmark decision was lauded by international community as triumph of tolerance and liberalism in a country that championed freedom of individuals beyond its territorial geographical constraints. Noteworthy was the fact that Supreme Court did have a dissenting opinion, which clarified all doubts of any duress on the Court, and signified diversity of opinion. Even though the dissenting members of the panel still undergo social derogation but this is how it is; no harm done in conclusion. Judge Scalia, as per custom, was declared most vibrant of the dissenting justices, courtesy his ostentatious style of opposition but there was no surprise in it for he lived up to his reputation quite elegantly. The Equal Protection Clause of the Fourteenth Amendment was brought to legal discourse, and revisited to see if it had any place for the LGBT, and their demand of authorizing right to same-sex marriage. The demand was that even though some states permit same-sex marriages, this subject matter holds federal connotations as it is a matter of constitutional proportions. The Due Process Clause of the Fifth and Fourteenth Amendment unauthorized arbitrary denial of life, liberty or property, and same-sex marriage fell in this premise. It was however, a completely different set of transition of legal understanding in the US.

Many in Pakistan found this judgment to be the most exponential expression of freedom of choice, and consequently the community found itself divided among those who showed solidarity to the cause, and those who saw sheer evil and social ill. So basically it turned out to be yet another division between dogmatic bigots and pseudo-liberals, which meant that it is going to be just another typical tug-of-war with no conclusive end. From quoting what happened to the people of Prophet Lot to manipulating verses of Holy scriptures in favor of freedom, there followed a confusing yet orthodox pattern of debates and deliberations, which seemed to have no end; however, an interesting point to be noted is that everyone somehow or the other denied patronage to the LGBT for reasons unknown and solidarity was only an affidavit of their support for freedom of expression/choice.

Darwinism, like other sets of logical scientific deductions had an awkward angle. I call it awkward because in my country it can be called nothing else. Religious fervor disavows what happened in the US to be entirely unethical and amoral. They claim that previously, in the time of Prophets such behavior entailed the wrath of God and where this rule is only restricted to Islam, in the Islamic Republic of Pakistan, many Christian and Jewish religious scholars shared similar views about same-sex marriage to be an abomination necessitating God’s wrath. On the other hand, liberals in the country decided not to discuss the religious factor or the whole abomination debate and those who did, fancied seeing it only in the premise of discussing the interpretations of freedom available to an individual. So this strenuous argument transformed into a bottomless pit of exaggerated personalization and bigoted outrage against one another and nothing more.

But was it what really happened in the US on Friday? The dicta of the Supreme Court of the United States was something more than a compartmentalized dialogue between two opinions, it was an effort for them to move beyond the intellectual bottleneck to upgrade their libertarian existence. This was a socio-constitutional, rather a socio-legal attempt to redefine and revisit their legal structure to see its constraints. The steps were then not only simple but linear; followed by the abolition of slavery to institution of gradual intolerance towards colored races, progressively moving towards constitutional acceptability in lieu of interracial marriages to eventually deciding upon same-sex marriages. This legal dissertation was not to grant freedom of expression/choice but to revisit and redefine it altogether. The United States attempted and succeeded in maintaining its own personal footprint in the world by declaring something that became gradually socially acceptable and legally permissible in this landmark ruling. This was not an argumentation between two opposing segments of society, rather a questionnaire for two sides of the same coin. Those who disagreed upheld the law and those who favored the ruling upheld all the same.

This case was a perfect display of human intellectual progression and even where religious segments, even in the US and not necessarily the Muslims might see it as a social stigma, the rights of the LGBT have forever been settled as that of any minority. No one, absolutely no one, has advocated replication or universalization of this discourse in the world over, and certainly no one should have to take it for what it is. What has been established in this ruling is simple; whatever your preferences are, they are acceptable so long as freewill and consent is mutually operable. Seeing it as a universalized step or seeing it as an abomination are both right as long as it remains aloof from hampering socio-legal order. The Green and White is different from the Red, White and Blue, and for all those reasons, it should remain so. This is a victory for the American citizens but for the world over, especially Pakistan, a healthy and progressive discourse on established norms within personal social constraints is recommended through this decision – a much needed dimension indeed.

Muhammad Sharreh Qazi
is a member of CSCR Board of Directors.He is a lecturer at University Law College, Lahore. He is also a former alumni of the SNS department of NDU and can be reached at sharreh.q@stratagem.pk

11 Comments

  1. Now this is what I call journalism…. Level bro

    • Sharreh Qazi says:

      Considering the negative aura that presently surrounds us I don’t know whether to thank you for the appreciation or to remain unaffected at the sarcasm but either way I shall thank you because criticism is as important as the applause

  2. Shareeh paji says:

    The writer seems staunch supporter of gay rights. Well done lad keep it up. It is surprising that in conservative pakistan also who find people who come out openly to support same sex marriages.

    But i dont understand what is the relationship between darwin and same sex marriage. Does the writer mean to say that humans have evolved now to new level where he will only marry same sex

    • Sharreh Qazi says:

      I would say I am appalled in your conclusive remarks that I somehow came out supporting same sex marriage. Further confusing is how you interpreted the article into something that supports same sex marriage. The Green and White is different from the Red, White and Blue, and for all those reasons, it should remain so…” would have been enough to signal my inclination and no justification would have been required. As far as Darwinism is concerned, try to find the satire in the article if you can

    • Sharreh Qazi says:

      I am baffled as to where exactly you made not only a conclusion but also saw fit to pass judgment. The aforementioned article talks about the judicial discourse in the US not the subject matter of the American Supreme Court. Darwinism and same-sex marriage is a conceptual logic of evolution of society in developed countries which requires making a mention here to indicate the level of observation their courts have, unlike ours who are still busy determining what to do about the trees that shall be cut down for developmental reasons.

      I hope you get the point

  3. Abdullah says:

    Like what? Will the right hand activists also support LGBT now? I don’t believe.

    • Sharreh Qazi says:

      They never have and they never will because they are not supposed to. As predicted, Christians in the US have termed this judgment an abomination and this is how debate progresses eventually leading to what remains best. Here in Pakistan, the liberals do accept freedom of speech but deny allegiance to the LGBT which is a sign that they agree within our moral constraints. Those who support LGBT as per their sexual preferences are not correct. My article is not designed to laud the LGBT but it is to understand the level of judicial and legislative contemplation. The rest, I leave to my readers

    • Sharreh Qazi says:

      They are not supposed to agree but they are supposed to decide whether to give a social response and give them a soft corner or to resort to a more intellectual approach and have it legislatively or judicially decided. Would that be too much to ask?

  4. @ Sharreh, I guess you made point clear here. The article does not cover the scope of any religious debate here, neither do we consider this platform a forum to discuss the religious platform. We come here to learn about the objective analysis of all events and scenarios and you guys did the same. Bravo!

    As for the naïve comments, they should first read the judgment, then try to understand satire and above all, also needs to understand for what metaphors are used. Hope they will get the point.

    Keep it up! (Y)

  5. Beddoun Issm says:

    Under shock and Awe !

    The inception of United States and Pakistan were based on entirely different set of beliefs or ‘ideologies’. Any comparison between both countries based on purely ‘lifestyles’ would be an entirely futile effort.

    That being said, the troubling fact is that the writer considers the adoption of SCOTUS Gay Rights bills as an ‘human intellectual progression’ ! ! ! ! ! ! ! ! ! ! ! !

    Does humanity progress when it turns against the divine law ? Do Pakistanis at large consider to be progressing when a sizeable number of population indulges in pedophilia, un natural ways of gratification of lust, consuming alcohol, rape of minors and women, eating pork, child labour, women abuse and many other social and moral evils, present in society ? Do all of the afore-mentioned acts symbolize ‘ human intellectual progression’ ? Was Pakistan made for upholding and cherishing the same-sex marriages in a predominantly religious Islamic society ?

    It is a pity to see those, apparently sane, adult, mature and educated individuals who under the influence of slogans of ‘freedom of speech’ go simply overboard to get some attention.

    If a majority in a society starts doing anything illegal or immoral, it does not qualify to accepted as a norm. A sin 1400 years ago will remain a sin till the End of Times !

    May Allah have mercy on all of us. Truly disappointed !

    • Interesting to note is how we comment on a deliberation with preconceived notions and often, more often, ignore both the context and the pretext of what has been articulated. Perhaps we do forget that once the judgment was passed, it was a community in Pakistan that lauded this decision not because they decided to rethink contours of marriage but because it was ‘different’ and yet no criticism or constructive amendment to such versions of an ‘Islamic society’ was postulated.

      This article was misunderstood the moment it was uploaded for the fact that most of its readers focused more on what they thought of homosexuality and less of how the judgment redefined marriage to be more than ‘for procreation of children’. As an author and as someone who can claim to be educated, I have never endorsed homosexuality in the article but those who read the reading thought of exactly this and nothing else. I hops someone, someday would have to say something regarding this myopic consideration.

      This article was written for two basic motives; one, to understand judicial progression allowing consistent conflict resolution and two, to identify how a segment in Pakistan applauds not the first motive but decides to socially justify homosexuality by comparing a country that allows homosexuality to a country which does not permit such an act. This diversification is absent from the minds of everyone in this country and thus allows a score of homosexual couples to gather at the American embassy in Islamabad on July 4, 2011 to celebrate LGBT pride celebration.

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