LEGAL FRAMEWORK FOR SAME-SEX MARRIAGES IN NIGERIA AND CANADA: A COMPARATIVE ANALYSIS.
Abstract
This paper examined the legal framework for Same-sex marriage in both Nigeria and Canada. In so doing, the researcher adopted the doctrinal legal research methodology. The findings revealed that Same-sex marriages, which presupposes the union of persons of the same gender by way of matrimony is clearly prohibited in Nigeria even though it is lawful in Canada and other Western countries. It was found that several factors are responsible for the refusal of the Nigerian government, particularly the legislature to legalize Same-sex marriages in Nigeria ranging from socio-cultural, religious, and the general value system prevalent in the country. It was further revealed that the combined effects of these factors have led to the perception of the Same-sex practice as immoral, despicable, and against the law of nature, thus the existence of a legal framework which expressly criminalizes this abhorrent practice. Conversely, the legal framework in Canada offers protection to Same-sex couples by expanding the definition of marriage to accommodate couples of the same gender. It was concluded that the argument of same-sex advocates that love alone should be sufficient grounds for marriage irrespective of gender has no place in Nigeria given our religious, cultural and moral context in this part of the world. It was recommended inter alia that given the fact that legalizing same-sex marriage conflicts with the law of nature, it is necessary to criminalize this phenomenon considering the overall interest of the socio-cultural settings and religious beliefs of Nigerians.
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Published in SALEM JOURNAL OF LAW
ISSN: 3027-0391
This article appears in our peer-reviewed academic journal
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