Abstract
The term LGBTQ+ encompasses a diverse spectrum of sexual orientations and gender identities, including lesbian, gay, bisexual, transgender, queer, and other identities that fall outside of traditional heterosexual and cisgender norms. The “+” symbolizes the inclusion of various other sexual orientations, gender identities, and expressions, reflecting the broad and evolving nature of human diversity. Despite growing awareness, individuals within this community continue to face systemic discrimination and hate crimes, ranging from harassment in schools and alienation by family and friends to workplace bias. The treatment of the LGBTQ+ community serves as a critical measure of a nation’s commitment to human rights, as the true greatness of a society is reflected in how it protects its minorities.
Sexual orientation and gender identity are intrinsic aspects of human identity, not matters of choice—yet, discrimination persists. This paper presents a comparative analysis of the evolution of jurisprudence concerning LGBTQ+ rights in the United States of America and India. It examines landmark legal developments, the current status of protections, and the societal challenges that remain. Furthermore, the paper explores necessary legal and policy reforms to ensure greater inclusivity and equality for the LGBTQ+ community.
Keywords: Homosexuality, Comparative Jurisprudence, LGBTQ+ community, Human Rights, Discrimination.
Introduction
The LGBT community is a diverse and multifaceted group encompassing lesbians, gays, bisexuals, transgender individuals, and others with varied gender identities and sexual orientations. Often expanded to LGBTQ+ to include queer, intersex, and asexual individuals, this community is also referred to as the gay community or GLBT community. While the term ‘LGBTQ+’ is widely recognized, it represents more than just an acronym—it signifies a global movement for equality, identity, and human rights. The phrase, which has been in use since the 1990s, is an adaptation of the initialism LGB, which began to substitute the term gay – when referring to the entire community – in the mid-to-late 1980s.[1]To foster greater inclusivity, many organizations expanded the term to explicitly include lesbian, gay, bisexual, and transgender individuals. In the early 1990s, ‘queer’ emerged as a reclaimed umbrella term, offering a succinct alternative to LGBTQ+. What makes the LGBTQ+ movement unique is its broad scope—it not only advocates for homosexual rights but also celebrates the diverse spectrum of sexual orientations and gender identities, challenging societal norms and fostering acceptance.
There are no comprehensive statistics on the exact number of LGBTQ+ individuals in India. However, according to Gates’ estimates from the Williams Institute, LGBTQ+ individuals were projected to constitute approximately 3.8% of the population in 2011, translating to around 45.4 million people.[2]Beyond population estimates, understanding self-identification remains complex. The LGBTQ+ Pride 2021 Global Survey conducted by Ipsos highlighted a notable trend across several countries, where a significant percentage of adults either could not or chose not to define their sexual orientation.The survey reported such responses from 39% of adults in Malaysia, 33% in Turkey, 24% in India, 19% in Russia, and 15% in Mexico.[3]
A qualitative study further highlighted key mental health concerns among sexual minority women, including isolation, anxiety, heavy substance use, and suicidal thoughts.[4]Similarly, a study in Mumbai found comparable struggles among this group, reinforcing the urgent need for targeted psychological support.[5]More broadly, research over the past decade has documented a high prevalence of psychological disorders among LGBTQ+ individuals. Studies indicate that 52.9% of homosexual individuals have experienced some form of mental health disorder.[6]These findings underscore the urgent need for targeted support and intervention, as the LGBTQ+ community continues to grapple with significant discrimination and mental health challenges.
[1] Mary Rose and Regie A. Carlton Bonk, Acronyms, Initialisms & Abbreviations Dictionary (Gale Research, 5Th edn., 1976).
[2] Gary J. Gates, “How many people are lesbian, gay, bisexual, and transgender?” The Williams Institute, available at <https://williamsinstitute.law.ucla.edu/wp-content/uploads/How-Many-People-LGBTQ+-Apr-2011.pdf> (last visited onMarch 2, 2025).
[3] “LGBTQ++ PRIDE 2021 GLOBAL SURVEY” Ipsos, available at <https://www.ipsos.com/sites/default/files/ct/news/documents/2021‑06/LGBTQ+%20Pride%202021%20Global%20Survey%20Report_3.pdf> (last visited on March 3, 2025).
[4] Richard Bränström, Tonda Hughes et al. “Global LGBTQ+ Mental Health” in Hwahng, S.J., Kaufman, M.R. (eds) Global LGBTQ+Q Health 45-78 (Springer, 2024).
[5]Jessamyn Bowling, Brian Dodge, et al., “Perceived health concerns among sexual minority women in Mumbai, India: an exploratory qualitative study” 18(7) Cult Health Sex 826-840 (2016).
[6]Arpit C Prajapati, Sonal Parikh, et.al.,“A study of mental health status of men who have sex with men in Ahmedabad city” 56(2)Indian J Psychiatry 161-164(2014).