Supreme Court of India rules that it cannot legalise marriage equality, asks Parliament and state legislatures to amend or frame laws to address discrimination faced by same-gender couples - eviltoast
Same-sex marriage | Supreme Court’s majority view holds that it cannot legalise queer unions
www.thehindu.com
Five-judge Constitution Bench holds non-heterosexual couples cannot claim unqualified right to marry; minority view of CJ and Justice Kaul holds State should carve out regulatory framework to recognise civil union; majority view of Justices Bhat, Kohli and Narasimha holds it's for legislature to recognise and grant legal status to non-heterosexual relationships; all agree Special Marriage Act of 1954 not unconstitutional; CJ suggests high-powered committee to look into genuine human concerns faced by same-sex partners.

A 3-2 majority of the Supreme Court of India refused to legalise marriage equality, holding that marriage was a statutory, and not constitutional, right. However, it unanimously urged Parliament and state legislatures to look into concerns faced by same-gender partners, such as in matters of inheritance, employment benefits, and opening of joint bank accounts. It also held that transgender people can marry under the current laws.

  • tenshukun@discuss.online
    28·
    1 year ago

    while the negative ruling is somewhat disappointing, the fact that the court is respecting the limits of their authority and doing things correctly is refreshing, and sets a good president.