LGBT debate in Light of cultural relativism

Cultural relativism is the principle that all customs, beliefs and ethics should be
relative to the particular individual within his own social context. 1 Generally, the
advocates of cultural relativism claims that human rights should depend on
cultural context in which includes indigenous traditions, customary practices and
political or religious ideologies. Therefore notion of right or wrong and moral rules
based on them necessarily differ throughout the world as cultural in which they
take root differ.
The influence of cultural relativism can clearly be seen in Russia regarding
to human right of LGBT. In Russia, Homophobia is a state policy in which LGBT is
strictly prohibited.2 It plays a role as a type of new sexual sovereignty defending
Orthodox Christian morality against the Western influence of human right. It
should be noted that back in 1990s, homosexual activity in private between two
adults with consent was decriminalized and transgender people were permitted
to change their legal gender following sex reassignment surgery. However,
varying laws have been enacted in numerous regions in Russia to restrict the
distribution of materials that promoting LGBT relationships to the minors.
In 2013, the government of Russia passed the laws to oppose the human
right of LGBT people. For instance, the federal anti-LGBT propaganda Law is
entered into force as signed by President Putin. According to Article 6.21,28 of
the federal anti-LGBT propaganda Law, the propaganda is the conduct of
distributing information to minors that is intended to create non-traditional sexual
attitudes or makes non-traditional sexual relations to be more attractive or leads
to the misperceptions of the social equivalence of traditional and non-traditional
sexual relations or creates the interest of non-traditional sexual relationship. The
Russian citizens would be fined 4,000 to 5,000 rubles if they violate the law while
the public officials would be fine up to 50,000 rubles.
As a result, several legal actions have been taken under this anti-LGBT
propaganda laws. For example, some of the activists and performers including
well-known artists such as Lady Gaga and Madonna are facing fines as well as
legal proceeding for supporting the local LGBT community in St. Petersburg.
Besides, there is a citizen who is arrested and fined in St Petersburg as he held a
sign which contains the slogan Gay is normal for supporting LGBT rights. Also,
six LGBT activists are arrested in front of the State Children's Library in Moscow
for holding another Gay is Normal banner3.

1 Ruth benedict, 'Cultural Relativism - Illogical Standard' (Cultural-relativism.com,

2013) <http://www.cultural-relativism.com/> accessed 29 August 2016
2 Pico, 'Understanding Russias homophobia' (Daily Kos, 13 August 2013)
<http://www.dailykos.com/story/2013/8/12/1228471/-Understanding-Russia-shomophobia> accessed 29 August 2016
3 Human Rights First, 'The Anti-Propaganda Law & the Threat to LGBT Rights in
Russia' (humanrightsfirst.org, August 2013)
<http://www.humanrightsfirst.org/uploads/pdfs/HRF-russias-anti-gay-ban-SG.pdf>
accessed 29 August 2016

Regarding to this issue, an open letter has been penned by the Council for Global
Equality to President of Russian, Vladimir Putin. The council expresses their grave
concerns at the current legislation enacted by the government which is
demonizing and discriminating against Russian citizens who are LGBT. 4
Also, LGBT rights in the United Arab Emirates (UAE) are strongly affected by its
prevailing cultural traditions and religions. Generally, in UAE, the non-traditional
sexual relations are the considered as a crime. There are some countries which
impose the death penalty for homosexuality. Adultery and fornication are
included as a crime and a person convicted of homosexuality may also be
charged of adultery in the condition that they have a spouse while having
homosexual relations with another person of the same sex. 5
Abu Dhabi, one of the countries of UAE, sodomy is a crime punishable under
Article 80 of the Abu Dhabi Penal Code. The offender may be punished with
imprisonment of up to 14 years. In Dubai, the consensual sodomy has been
imposed imprisonment of up to 10 years by Article 177 of the Penal Code of
Dubai. There are a lot of case laws in UAE concerning about the issue of LGBT. For
example, in 2013, two men who posted pictures of cross-dressing and offered
sexual services were arrested by the police officers. They were sentenced to 3
year imprisonment. In 2011, a transgender waiter was convicted of crossing
dressing and enticing men to sin. He was sentenced to 6 months
imprisonment before he was faced deportation. In 2005, 26 men was
participating a gay wedding party. They were arrested by police officers and 11 of
them were sentenced for 6 years imprisonment and all of them were encouraged
to undergo hormone treatment in order to shorten their imprisonment. 6
The public attitudes in UAE toward the human right of LGBT is shown by the
saying of Mohammed bin Nukhaira Al Dhahiri, Minister of Justice, Islamic Affairs
and Auqaf (Endowments) in 2005: There will be no room for homosexual and
queer acts in the UAE. Our society does not accept queer behaviour, either in
word or in action.7 Such public attitude is the reflection of traditional Muslim
values as under Islamic law, homosexual relation is a sin.
4 Council for Global Equality, 'he Facts on LGBT Rights in Russia'
<http://www.globalequality.org/newsroom/latest-news/1-in-the-news/186-thefacts-on-lgbt-rights-in-russia> accessed 29 August 2016
5 Bureau of Democracy, '2011 Country Reports on Human Rights Practices:
United Arab Emirates' (Human Rights and Labor, 2011)
<http://www.state.gov/documents/organization/186665.pdf> accessed 29 August
2016
6 Dr Shaul Gabbay, 'UNITED ARAB EMIRATES LGBTI RESOURCES' (International
Refugee Rights Initiative) <http://www.refugeelegalaidinformation.org/unitedarab-emirates-lgbti-resources> accessed 30 August 2016
7 Abcnews, 'They Destroyed Me: French Teens Rape Case Exposes Dubais Dark
Side' (Abcnews.go.com, 12 December 2007) <http://abcnews.go.com/2020/story?
id=3932740&page=1> accessed 30 August 2016

Last but not least, United States has the most advanced LGBT right in the
world. The homosexual activity is allowed here, pursuant to the U.S. Supreme
Court ruling in Lawrence v. Texas.8 In this case, the sodomy laws in Texas and 13
other states were struck down by the court, with a five-justice majority, making
the homosexual activity legal in all of the states and territory in United Stated.
Besides, in the ruling by US Supreme Court in the case of Obergefell v. Hodges9,
all of the states must now issue marriage licenses for same sex couple. In other
words, the marriage between same-sex couple has been recognized in all the
states.
Nevertheless, there is still argument against same-sex marriage from the
community in United State. Their arguments are mainly based on parenting or
religion concerns. They also worry that the inclusion of polygamy or incest would
be occurred by changing the definition of marriage. For example, in 2003, Church
of Jesus Christ of Latter-day Saints adopted the statement: Legalizing same-sex
relationships would convey a societal approval of a homosexual lifestyle, which
the Bible calls sinful and dangerous both to the individuals involved and to
society at large.10
LGBT Rights in Malaysia in the light or universality

8 539 U.S. 558

9 576 U.S. ___ (2015).
10 CNN, 'U.S. 21st country to allow same-sex marriage nationwide' (26 June
2016) <http://edition.cnn.com/videos/us/2015/06/26/supreme-court-same-sexmarriage-ruling-brown-dnt-tsr.cnn> accessed 30 August 2016