SAME SEX MARRIAGE .

Marriage is the world’s oldest institution. The definition of marriage varies according to different cultures. It is considered a cultural universal. In terms of legal recognition, most sovereign states and other jurisdictions limit marriage to opposite-sex couples or two persons of opposite gender (heterosexual) in the gender binary, and a diminishing number of these permit polygyny and frown at polyandry in their customs, and forced marriages. In modern times, a growing number of countries and other jurisdictions have lifted bans on and have established legal recognition for same –sex marriage a practice which is not a new phenomenon. Same sex practice is not a new phenomenon. Same sex activities either between male and male or female adults were considered as acts or activities carried out between two consenting adults as purely private affairs in society. Nations of the world are at disparity whether or not to embrace same sex marriage, an act some have described as ‘alien’ and ‘immoral’ and others believe it to be within their individual private right. The successful passing of the Same Sex Marriage (Prohibition) Act, 2013 by the National Assembly in Nigeria further stresses the non-acceptance of the deplorable act in Nigeria. The Act criminalizes not only the union, but also any contract entered into by same gender or club set up for the same gender activities. This work attempts a critical concept of same sex marriage in a jurisdiction such as Nigeria and compares with more developed jurisdictions such as the United States and Canada. With the advent of globalization and the incessant call by the international community or other nations of the world, with particular reference to Nigeria to legalize same sex marriage into their system, this thesis attempts also to analyze the legal and moral intention for the enactment of the same sex marriage (Prohibition) Act, 2013 by the Nigeria government, an act which prohibit and criminalize all forms of same sex relationship in Nigeria and to examine whether the Act, violate the inherent right of human beings to engage in a union that is best for them.