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7400454471 / 9082247843

info@hvpslawcollege.edu.in

Ghatkopar West, Mumbai-400086. Maharashtra, India.

Samruddhi R. Patil and Aditya Deshmukh

BISEXUALITY IN MODERN SOCIETY

–     Samruddhi R. Patil

–     Aditya S. Deshmukh

Abstract 

There are many different subgroups within the lesbian, gay, bisexual, and transgender (LGBT) community, including groupings based on sexual orientation and/or gender identity, but it’s unclear whether the modern world recognises distinctions in how they view these groups. If so, what circumstances lead people to judge homosexual, bisexuals and transgender people differently? This study analyses the changing sentiments about these communities through a legal perspective. The studies show that variations in these mindsets that are related to social contact effects, variations in cognitive consistency, social cues, and the changing degrees of important political characteristics like affiliation and religion.

Keywords: transgender, bisexuality LGBT, public opinion, interpersonal contact, group

Introduction 

Homosexuality is seen as the middle ground between “normal” orientation and inversion, and it sits in the middle of the polarity between sexes, roles, and sexual goals. Homosexuality is defined as the inversion of gender/sexual characteristics on a heteronormative scale. Bisexuality, according to Sedgewick, challenges the reversed heteronormative schema, which pits homosexuality, which is represented as having opposite-sex desires, against heterosexuality. (same-sex desire). This claim states that bisexuality is a bridge between heterosexual and homosexual orientations, which calls into doubt the validity of the heteronormativity arguments made by this opposition.

Despite significant ideas and research on bisexuality, as well as an increasing knowledge and acceptance of LGBTIQ sexuality in many Western nations, bisexuality still carries a lot of stigma. The persistence of a heterosexual/homosexual binary sexuality model, in which there are only two varieties of sexual identity, attests to the obscurity of bisexuality. Unisexuality, the propensity to highlight the same-sex appeals and/or sexual behaviour of gay, lesbian, and straight people, furthers bisexual invisibility. The everyday structure of sexuality, as well as how sexuality is portrayed in the media and popular culture, are all dominated by the binary of sexuality and unisexism.

Recent years have seen a significant shift in the public’s perception of heterosexual behavior, and the same is now true of bisexuality, which is now preferred to homosexuality because it more accurately conveys the idea that complete restriction of all behaviour cannot be considered the norm.

Research objectives 

  • To understand the concept of bisexuality, its historical presence and societal
  • To study various interpretation of the bisexuality in society.
  • To deliberate on the issue of social acceptance of bisexuality in modern

Research Question 

  • What makes bisexuality different?
  • How is bisexuality an inevitable part of the modern society?
  • What is the status of bisexuality in contemporary India?

Research Methodology- 

To make sure that all of the subject’s antecedents and origins are thoroughly investigated, a didactic research approach is applied. Secondary material must be researched and studied when conducting academic research, especially in the beginning. The majority of their time is spent looking for and analyzing the materials utilized to create the project’s concept and design as well as reading and researching numerous pieces of literature that are connected. A legal definition and synthesis of the analysis of the complete text are required in order to determine whether a text is truthful. Nearly all of the data collected for this study were unintentional or secondary. There is no primary research conducted; the majority of the data is gathered from secondary sources. Various materials such as books, articles and magazines were used in the development of the project.

Analysis 

  1. Understanding bisexuality

One who exhibits emotional, romantic, and/or sexual attraction to, or engages in romantic or sexual relationships with, more than one gender or sex is referred to as bisexual. Bisexuality is defined by famous bisexual activist and writer Robyn Ochs as “the capacity to experience emotional and/or sexual attraction to more than one person of the same sex, not necessarily at the same time, not necessarily in the same way, and not necessarily in the same way.” Even if a person does not identify as bisexual, bisexual orientation might still exist. According to a 2016 article by the Centers for Disease Control and Prevention, 1.3% of women and 1.9% of men describe themselves as “gay, gay, or lesbian,” and 5.5% of women and 2% of men describe themselves as “bisexual.” According to these results, the LGB community for women and men may be predominantly bisexual.

Gender minority labels are dynamic, diversified, and culturally different. Some often used terminology include lesbian, gay, bi (pronounced “bi plus”), queer, and asexual, but this list is not exhaustive. Within the group, there are additional variances. The bi community, for instance, includes those who identify as bisexual, fluid, bisexual, or bisexual. Significant differences also exist among other gender minority groups. Attempts to attain marriage equality, for instance, have come under fire for failing to sufficiently address the worries of people who identify as bisexual and gender nonconforming (bi). (Marcus, 2018). The phrase “eliminating bisexuals” alludes to the uncertainty that two persons must experience even in groups that defend sexual minorities.

II. Paradigm of gender identity and sexual orientation

 Gender minority labels are dynamic, diversified, and culturally different. Some often used terminology include lesbian, gay, bi (pronounced “bi plus”), queer, and asexual, but this list is not exhaustive. Within the group, there are additional variances. The bi community, for instance, includes those who identify as bisexual, fluid, bisexual, or bisexual. Significant differences also exist among other gender minority groups. Attempts to attain marriage equality, for instance, have come under fire for failing to sufficiently address the worries of people who identify as bisexual and gender nonconforming (bi). (Marcus, 2018). The phrase “eliminating bisexuals” alludes to the uncertainty that two persons must experience even in groups that defend sexual minorities.

However, sexual orientation describes a person’s ongoing desire for, and attraction to, other people, including those who are transgender or who have alternative gender identities. Sexual orientation, which includes heterosexuality, bisexuality, asexuality, and other classifications, may or may not change during or after gender transition. The way that a person identifies as sexually (or otherwise, such as asexual or, in the case of modern sapiosexuals, sexually) attracted to others is known as their sexual orientation. Being straight or homosexual, for instance. – It is not possible to categorise someone’s sexual orientation as either homosexual or heterosexual. A person might identify with a number of distinct trends. An individual might identify as gay, straight, bisexual, asexual, pansexual, or polysexual, for instance.

The “gender or sexes” that they target are referred to as this “identity.” Speaking of which, “gender” is a rather broad phrase. Gender can either be defined in a biological sense, such as a person’s sex, masculinity, or femininity, depending on the situation, or it can be defined in terms of the social and cultural structures of the society in which a person lives. Each person’s self- defined gender identity and gender identity are key components of their personality and of the right to self-determination, human dignity, and freedom. Gender identity and gender identity are distinct notions. No one may be compelled to undergo medical procedures like gender reassignment surgery, sterilization, or hormone therapy as a condition of having their gender identity legally recognised1.

III. Disparities in health among bisexual people

 Within the LGBTQ community, those who identify as bisexual make up the largest identity group. A physical, romantic, or sexual attraction that is not specific to one sex or gender is known as bisexuality. Bisexuality encompasses a wide range of sexual orientations, hence there are many different ways to identify as bisexual. Bisexuality is the term used to describe a person’s attraction to both men and women. Others may define it as an attraction to a gender that is both similar to and different from their own, or as an attraction to gender in general.

Bisexuality is becoming more prevalent, with nearly 12% of Gen Z adults (ages 18–23) identifying as bisexual, but it’s still a sexuality that’s widely misunderstood and stereotyped. When compared to gay, lesbian, and straight people, bisexuals who experience stigma and prejudice may experience exclusion, isolation, and lower health outcomes.

When you first become aware of your sexuality, you may be aware that you are neither straight nor homosexual, but you may not be aware that bisexuality is a sexual orientation or that there are terminology for what you are going through. Many bisexual people report that they do not always experience the same level of attraction to multiple genders. It may cause you to question your attraction to a particular gender and make you wonder whether you are homosexual or straight rather than bisexual.

Bisexuals have startlingly poor health, including issues with cancer, obesity, STDs, and mental health. Bisexuals are the largest group in the LGBT community, according to research, making up about half of all those who identify as lesbian, gay, or bisexual. Despite this, the LGBT community does little to meet the needs of bisexuals. More than 40% of LGBT people of colour identify as bisexual, and roughly 50% of transgender people describe their sexual orientation as bisexual or queer. These statistics make the bisexual community, as well as transgender people and people of color, particularly vulnerable to new forms of segregation that emerge at the intersection of biphobia, racism, and transphobia. Bisexual people who have had negative encounters with healthcare may postpone appointments, switch healthcare organizations, conceal their sexual orientation in subsequent meetings with healthcare professionals, and turn to online resources for health advice rather than medical professionals.

IV. Bisexual erasure

Bisexual invisibility is another name for bisexual erasure. As the phrase implies, to fake, disregard, or reject the sexual orientation of bisexuality is to erase bisexuality. Many people have misconceptions about what being bisexual implies, believing that it is only a passing phase that willbe replaced by homosexuality or heterosexuality, or, to put it more simply, that those who “come out” as bisexual would quickly switch to the opposite side. This in itself is a problem since people who identify as bisexual are put under a lot of strain because of the widespread societal idea that theywill be erased.

One explanation could be that bisexuality is stigmatised in both homosexual and LGBT communitiesin addition to straight communities. Biphobia is a syndrome that has emerged as a result of this widespread social stigma. Biphobia is the derogatory term for ignorance or hostility towards bisexuality. Bisexuals may be subjected to prejudice as a result of this, which can range from denialof bisexuality to intolerance or hatred of the existence of bisexuals.

According to statistics, 5.6% of American adults in February 2021 self-identified as homosexual, gay, bisexual, or transgender. 54.6 percent of this group self-identify as bisexual, which is more thanhalf. According to this, 3.1% of all American people self-identify as bisexual. Let’s talk about Indianow. According to the GLOBAL PRIDE 2021 GLOBAL SURVEY, which was carried out by the international firm Ipsos with a sample of roughly 500 persons, 9% of Indians (who identified themselves) identified as bisexual. Due to the social stigma that any identification other than heterosexuality is not considered or, if considered, can be subjected to discrimination or humiliation, many persons misinterpreted this topic or chose to remain silent.

V. Biphobia, crime and violence

Biphobia refers to detrimental attitudes, behaviors, and social norms that attack people who are attracted to more than one gender. Biphobia is on the rise as a result of how bisexuals are frequently portrayed, and attitudes towards them are frequently even more negative than those towards other minority groups. The term “one-sex privilege,” which refers to the privileges received by everyone who is attracted to only one gender, is related to this idea.28

VI. Legal complexities- evidence of dilution of bisexuality

It goes without saying that since Inc. v. Olesen in 1958, which laid the groundwork for successful anti-discrimination lawsuits for the LGBT community, courts have been busy issuing rulings to end discrimination based on a person’s sexual orientation. However, bisexual erasure has also filtered into them.

At the Bostock v. The US Supreme Court used the terms “gay,” “homosexual,” or “transgender” in its ruling in Clayton County, one of the most significant decisions to outlaw job discrimination based on sexual orientation. For many who identify as bisexual, the fact that the courts themselves do not use the term “bisexual” in their rulings is a genuine worry. One of the dangers of the Bostock decision was that, because the term “bisexual” was not used, we can only infer that the courts intended to apply it to all sexual orientations, not only “gay” or “transgender,” since they did not specifically specify it. It could be important to avoid reading the judgement literally in light of this. The fact that the Second Circuit did not define a particular term in Bostock, Zarda v. Altitude Express, Inc., one case, gives us some solace.

The circumstances in Romer v. Evans were comparable. Even though the ruling caused a lot of controversy, it can be seen as an instance of bisexual erasure since the judges only specifically addressed “homosexuals or gays or lesbians.” These case laws serve as a few illustrations of how bisexual erasure has slipped through the legal system’s crevices.

In India

In India, LGBT rights have been developing. The stigma surrounding the subject is still very much alive, though. Although more and more people are accepting of their sexual orientation, a sizeable portion of the population is still either unaware of it or actively denies it. The problem of ignorance is sometimes accompanied by mocking, which significantly worsens the circumstance.

Similarly to the enormous roller coaster that started in Naz Foundation v. Govt. of NCT of Delhi in 2009, continued with Suresh Kumar Koushal v. Naz Foundation, and culminated in Navtej Singh Johar and Ors. in the year Union of India. The Ministry of Law and Justice of India has witnessed numerous legal viewpoints and interpretations with regard to Section 377 of the Indian Penal Code. Oral sex between two adults of the same sex does not contravene Article 377 and is a component of the fundamental rights guaranteed by the Indian Constitution, the Hon’ble High Court said in 2009. In the case of Suresh Kumar Koushal v. Foundation Naz, the Supreme Court overturned the judgment in 2013. Ultimately, in 2018, the Hon’ble Supreme Court of India decriminalized consensual intercourse between legal-age adults in Navtej Singh Johar & Ors. v. Union of India.

As seen in these cases from India, there is still some evidence of bisexual erasure. We can only assume that all sexual orientations are treated equally by the decisions. The court found that Section 377 of the Indian Penal Code only decriminalised same-sex intercourse as the rationale for this.

Conclusion

Compassion, feeling, the capacity to comprehend your own issues, and empathy are a few of the most important enablers. It seems to me that by eliminating bisexuals, we would be losing a crucial aspect of what makes us human—compassion. Many people are now being subjected to this egregious negligence, which is imposed upon them either purposefully or due to ignorance. A “disease” cannot be bisexuality. Not a “phase” or “transition,” either. As real as it gets, this is. I mentioned the data, or the actual percentage of bisexuals, earlier in the text. Remember that only people who have demonstrated incredible bravery and self-acceptance in the face of social stigma are included in this list.

Bisexual deletion, often known as bi-deletion, affects many people’s mental health. The deliberate omission of sexual orientation has been linked to numerous mental health issues. Due to the growing scorn for or disregard for bisexuality, people experienced despair, anxiety, and other behavioral disorders. A person’s sexuality is something private and in someways contributes to their definition. Why not permit individuals to identify themselves whenever and however they, please? Encouraging others to come forward and put an end to this social stigma requires just enough. Put an end to double erasing and strive for a brighter future.

Webliography 


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