Governments Respond to Rising Trend of LGBTQ People in Forced Marriages

“Until death do us part,” can take on an entirely different, more sinister meaning for a person in a forced marriage. Though many modern Americans might think of forced marriages as a dated concept, it’s an issue governments on both sides of the Atlantic say is a growing problem. Officials in the U.K. see rising trends across the board, but especially among gay men and lesbians. This year, they’ve received 29 complaints from gay men and lesbians, compared to a total of 1,700 reported cases last year.

Last week, the BBC documented the tale of a lesbian teenager forced into a marriage with a man despite the fact that she protested against her mother and father. She suffered physical and psychological abuse as her parents prepared her for the marriage, scars she still carries today, she says.

"The worst thing they tried was burning my hand on the stove. Anything they could grab, they'd hit you until you'd sort of pass out,” 20-year-old Reviva–her name was changed to protect her identity–told the reporter. "They always tried to hit me where it couldn't be seen, to hide the scars. Because don't forget I was meant to get married, so I was meant to have skin that isn't damaged."

Although cases occur in a host of countries around the world, most attention has been paid to the practice in the Middle East. In the middle of the war in Iraq, reports of increased sex trafficking and forced marriages are plaguing female Iraqi refugees fleeing for safety in Syria. In April, a bipartisan group of 18 members of Congress urged the U.S. State Department’s Trafficking in Persons Office to investigate “cases of abduction, forced marriage, [and] exploitation” of women and girls in Egypt.

In 2007, legislators in the U.K. responded to the issue of forced marriages by passing civil protections against the practice. The Forced Marriage Act enables family courts to intervene on behalf of the victim with various protection orders, including orders to prevent a forced marriage altogether. Courts can also require parents or victims to surrender their passports and prohibit families from taking a minor or other person out of the country.

Forced marriage, U.S. officials say, is quite different from arranged marriages, which are deeply-ingrained and respected as a cultural tradition in parts around the globe. Although initially arranged by parents or other family members those men and women entering into arranged marriages must offer their own consent to the legally-binding relationship as adults.

Such legal and informed consent doesn’t exist in forced marriages, when victims, some as young as 13 or even younger, are forced into relationships against their will. Although illegal in many countries, child marriage also remains a widespread practice. In Saudi Arabia, however, no law sets a minimum age for marriage and some clerics have officiated over ceremonies involving girls as young as nine. Both adult men and minor boys can also fall prey to the practice, although the practice predominately affects women and girls.

Unlike the U.K., federal legislators in the United States have not passed criminal or civil laws addressing forced marriage. U.S. State Department officials, however, have deemed the issue a “violation of basic human rights,” and it’s just one small part of an ever-increasing and global human trafficking problem. The State Department also tracks cases of forced marriage, and officials say they, like the U.K., are seeing a trend of increasing numbers of forced marriages across the globe. A State Department official didn’t have totals when Campus Progress spoke to them, but indicated the number of U.S. cases aren’t as high as the U.K.’s. The State Department has empowered their officials at home and embassies or consulates across the world to aid U.S. citizens who are victims of forced marriage. Some embassies, like the one in Dhaka, Bangladesh, even offer explicit instructions on how to reach out to State officials abroad.

In forced marriage cases, State Department officials most often are able to intervene with the victim’s family or negotiate a shelter or safe haven. Officials can also arrange for travel back to the United States and provide financial assistance to those who might not have the funds to undertake such a trip. Psychological, legal, and medical services from third party non-profit human rights or advocacy organizations can also be arranged.

The issue of forced marriage is problematic for officials in any country. Tracking the total number of cases can be difficult as the human and sex trafficking exists almost entirely underground. Compounding the difficulty is the hesitance of many victims to come forward when faced with abuse, forced marriage or other human rights violations.

Gay men and lesbians are among those least likely to speak up. The world’s major religions and cultural traditions still place strict prohibitions on homosexuality. Seventy-seven countries make same-sex behavior illegal and many proscribe harsh criminal penalties including the death penalty for those caught or accused of homosexuality. And while many Western nations have moved forward on LGBT protections, many in Europe and the Americas continue to discriminate against LGBT people in employment, education, military service, and marriage.

The United Nations–which has said laws criminalizing gays and lesbians are human rights violations–should pass the proposed U.N. Declaration on Sexual Orientation and Gender-Identity. The statement was first presented to the international body nearly two years ago and is supported by 77 nations, including the United States. But it faced opposition from 57 primarily African and South Asian nations, many wherein officials and media report human trafficking and forced marriage rates are higher.

When tackling issues of human trafficking globally, the world’s leaders should take into account the risk faced by highly marginalized minorities like LGBT people. Passing civil and legal protections for LGBT citizens could have a direct impact on those persons’ likelihood to come forward when being victimized and provide governments one more means in putting a stop to human rights violations across the globe.

Matt Comer is a staff writer for Campus Progress.

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