Recently, there has been uproar about the issue of LGBT (lesbian, gay, bisexual, transsexual) rights again after pope Francis has made his stance clear to the world that he is backing the group’s rights. This stance taken by him had not only resulted in chaos in the Vatican state but instead it has attracted the the world’s attention on how would the pope resolved the issue of recognising LGBT’s rights whilst suffering great opposition from the more traditional Roman Catholics.
Certainly, the Pope would have known that the step taken by him would have suffered great opposition from the Roman Catholics . But has anyone ever wondered why did the pope chose to make such a statement at that point of time while he made the statement, but not earlier nor later? This is most probably due to the fact that it is the right time to do so. The right time here means now that the LGBT issue has got enough attention and support from both the LGBT and the non-LGBT to recognised the LGBT rights hence it is the right time to raise the issue while the iron is still hot. If the pope has raised the issue earlier then it may prove to be suicidal in the development of recognizing LGBT rights since they did not have enough support from the society back then and to raise such an issue earlier would have made the whole society (particularly the roman catholics group) his enemy. This is also due to it is not always easy to raise back the same issue again if the issue has been withered down previously and the fact that it would result in political uncertainty in the Vatican state when people started to question about Pope Francis’ ability to sit as a pope and this could be a suicidal move which would have stunted the movement of recognizing the LGBT’s rights. As many would have agreed , many aspects of the pope’s decision would have been based on political consideration.
Let’s now look into the impact of the statement from a legal point of view. One of the biggest impact is that the statement will encourage legal development. One may then wonder how will it encourage legal development since it’s not even a legal decision. One should then go back to the very basic ideology behind the formation of laws . Before laws came into existence it is the common practice, norm or the habit that governs the behaviour of the human. Only after that these norms or practices were being codified as laws. In my point of view, the statement made by Pope Francis is no other than to change the society’s view towards this group and subsequently their behaviour and the norm of the society, finally, when the behaviour and view of the society towards this group change then it will brought about legal development as to cater to the changing needs of the society. The legal development may have the far impact of encouraging other states to recognise the LGBT rights and blow up the sentiment of the people in other states to treat this group of people more fairly.
Another point of view which, I think, is important, and should be added in is that by changing the society point of view towards the LGBT group then there is a higher chance of them overcoming the main problem of poverty which is faced by many LGBT people as a result of not being accepted by the society hence it’s very hard for them to get a job will now be mitigated. Since if a person is in the situation of poverty and not even having enough money to get bread and butter, do you think they will have the initiative , financial resources and the strength to carry on litigation? The answer will be an obvious no . Hence , it may be right to say that at this point of time, the rights of these people are still very much dependant on the assistance given by the activist group since they are more proactive as compared with legislation which are more reactive.