The laws against the homosexual people ‘were wrong then, and they are wrong now. As the UK’s prime minister, I deeply regret both the fact that such laws were introduced, and the legacy of discrimination, violence and even death that persists today’. ---Theresa May, Former UK Prime Minister Are we really sorry and acting accordingly? Is the law, legal discourse, judges, and the legal arena as a whole really sorry for what the law did and, has been doing, against the homosexual people? Masterpiece, Lee, Lawrence, Navtej and other cases tell us a different story. The glorious judgements have fundamental flaws in consequence of which right of the homosexual people has been interpreted as kindness and sympathy of the heterosexual majority. The glorious judgements have failed to understand the dynamics of the relationship and, hence, failed to show due regard to the homosexual people. Consequently, millions of homosexual people are, still, being discriminated, humiliated and stigmatised around the world. Still, they are suffering in every sphere of their lives and their continuous struggle for their rights is likely to be continued in the years to come. The article wants to point out that the reason behind the failure of the glorious judgements is that the judgments underestimate or overlook the primary and independent justification ie the inevitable need of the body. Instead, the judgements are founded on the personal choice-based secondary justifications which are self-contradictory, self- limiting, self-defeating, confusing and dependent. Consequently, the fate of the homosexual people is swaying on the fulcrum of principles, provisos, and probabilities. The article makes an attempt to challenge the lines of arguments the judgments are based on showing the flaws and the problems, if not dangers, of following these lines of arguments. To deal with this issue effectively, practically, and meaningfully, the article wants to present the primary justification based on the inevitable needs of the human body and the suitable approach focusing the needs of the body. Finally, the article tries to assess the prospects of the primary justification and the approach
