Examining the use of law to preserve morals and lives in same sex marriage situation in Nigeria

Abstract

The law prohibiting Same Sex Marriage in Nigeria is criticised for denying same sex people the right to marry and certain basic freedoms as heterosexuals. Bias against same sex practice is propelled by religious and cultural beliefs on marriage as between opposite sexes. However, perceive threat to continuity and survival of the kinship system furthers non- acceptance of same sex people in society. Although it is widely stipulated that the Nigerian government’s decision to criminalise same sex relationships is solely hinged to respect for traditional cum religious values, this work agrees with Mills, Hart and Devlin that, harm to others is the only justifiable ground for limiting rights considered, inalienable to human beings. An objective examination of the Nigerian same sex marriage situation reveals religious intolerance and violent extremism as factors capable of invoking crisis and acts of terrorism in same sex issues as such, the work views the need to protect lives and national security as sufficient grounds for limiting the right to marry and freedom of association between same sex people. Using the duty-rights approach, it shows how several laws which are standards in society can conflict and result in contrasting duties that become a problem for the agent which cannot carry out both duties at the same time. It holds that State’s interest to secure national integrity and lives cannot be compromised on the ground of rights.

Keywords: Same Sex Marriage, Morality, Rights, Religious Intolerance, Violent Extremism