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19 Berkeley J. Afr.-Am. L. & Pol'y 1 (2017)

handle is hein.journals/afamlpol19 and id is 1 raw text is: 











  The social fabrication of society: The Law

                of the land and gay rights


                     Siobhan N. Bonilla*

                               INTRODUCTION

     The world is constantly evolving into a place where the laws are created to
protect human kind. The United States is one of the first countries in the world
to legalize gay marriage; reflecting a continued modernization of society.1
Unfortunately, there are countries in the world that have not followed suit in
providing equal protection under the laws for gay rights. For example, Nigeria
rejects and punishes homosexual activity on a federal and state level.2 According
to the Nigerian Constitution, individuals whose sexual orientation represents the
Lesbian, Gay, Bisexual, or Transgender community (LGBT) are punished with
lashes, fines, and face up to 14 years in prison.' The criminal code emulates the
dehumanization of human dignity rather than promoting the welfare of freedom
of expression.4 Truthfully, there is no legal definition defining gay rights or
documentation declaring it as a human right. Nevertheless, gay rights is
considered the exercise of social acceptance between consenting adults that
choose the liberation of free will and equality over suppression.' The Federal
Bureau of Investigation (FBI) has reported that 60.6% of the hate crimes taken
place throughout the world involved crimes against the LGBT community.6 The



          DOI: https://dx.doi.org/10.15779/Z38K649S83
       * Siobhan N. Bonilla is a 2017 J.D. Graduate from Ave Maria School of Law, in Naples,
Florida. She has a B.A. in English and Political Science from The College of New Rochelle. She
would like to thank Professor Jean Ulysses, Professor Mark Bonner, Professor Ligia De Jesus and
Mercedes Charles for their guidance, constructive feedback, and support.
       1. Obergefell v. Hodges, 135 U.S. 2584, 2593 (2015). In light of the United States
Supreme Court ruling that legalized gay marriage nationwide, here is a list of other countries where
same- sex couples can marry: the Netherlands (2000), Belgium (2003), Canada (2005), Spain
(2005), South Africa (2006), Norway (2009), Sweden (2009) and Argentina (2010).
       2. Nigeria: Criminal Code Act [Nigeria], Cap C38 LFN 2004, 1 June 1916, available at:
http://www.refworld.org/docid/49997adela.html [accessed 30 December 2015]
       3. Id.
       4. Id.
       5. US LEGAL. COM, http://definitions. uslegal. com/g/gay-rights-movement/ (last visited
Jan. 4, 2016).
       6. THE        FEDERAL         BUREAU         OF       INVESTIGATION,
https://www.fbi.gov/news/stories/2014/december/latest-hate-crime-statistics-report-released  (last
visited Jan. 4, 2015).