A constitution Bench of the supreme court held that only the legislature can recognize or regulate same-sex marriage.
The bench reasoned that since there was no fundamental right or unqualified right to marry, the courts cannot intervene.
The Supreme Court upholds constitutionality of Special Marriage Act in present form; entrusts legislature to debate, decide on providing legal status to same-sex relationships
The minority views of Chief Justice D.Y. Chandrachud and Justice Sanjay Kishan Kaul held that constitutional authorities should carve out a regulatory framework to recognise the civil union of adults in a same-sex relationship.
The minority views of the two judges held that the right to enter into a union cannot be restricted on the basis of sexual orientation. Discrimination on the basis of sexual orientation is violative of Article 15 of the Constitution, the Chief Justice said.
Same-sex marriage refers to the legal and social recognition of marriage between two individuals of the same sex. The issue of same-sex marriage has been a significant and evolving social and political topic around the world.
Historically, many societies have limited marriage to opposite-sex couples, often citing religious or cultural beliefs.
However, in recent decades, there has been a global shift toward recognizing and legalizing same-sex marriage.
Several countries and regions have amended their laws to allow same-sex couples to marry, granting them the same legal rights and responsibilities as opposite-sex couples.
Support for same-sex marriage has grown in many parts of the world, driven by advocacy efforts, changing social attitudes, and legal developments.
Numerous countries, including the United States, Canada, parts of Europe, Australia, and several others, have legalized same-sex marriage.
It's important to note that the acceptance and legal status of same-sex marriage can vary widely from one country or region to another, reflecting the diversity of cultural, religious, and political perspectives around the globe.
Public opinion on this issue also varies, with some people strongly supporting the right to same-sex marriage, while others oppose it for various reasons.
Same-sex marriage is the legal and social recognition of marriage between individuals of the same sex. Here are some key points and aspects related to same-sex marriage:
- Legal Recognition: Same-sex marriage involves the legal recognition of the union between two people of the same gender. This recognition extends various legal rights and responsibilities, such as inheritance, taxation, immigration, and access to benefits, to same-sex couples.
- Global Perspectives: The acceptance and legal status of same-sex marriage vary globally. Numerous countries and regions have legalized same-sex marriage, including parts of Europe, the Americas, and Australasia. However, in some regions, same-sex relationships may still face legal restrictions or lack formal recognition.
- Social and Cultural Perspectives: Attitudes toward same-sex marriage are diverse and influenced by cultural, religious, and social factors. Some societies have embraced same-sex marriage as a matter of equality and human rights, while others may oppose it based on religious beliefs or traditional values.
- Advocacy and Activism: The push for the recognition of same-sex marriage has been accompanied by advocacy and activism by LGBTQ+ (lesbian, gay, bisexual, transgender, queer) rights organizations. These groups work to challenge discriminatory laws and promote inclusivity and equality.
- Milestones and Legal Changes: Many countries have experienced significant milestones in the journey toward legalizing same-sex marriage. For example, the United States Supreme Court's ruling in Obergefell v. Hodges in 2015 legalized same-sex marriage across all 50 states. Similar landmark decisions have occurred in other parts of the world.
- Impact on Families: The legal recognition of same-sex marriage has important implications for families headed by same-sex couples. It ensures that these families have the same legal protections, benefits, and responsibilities as heterosexual couples, providing stability and security for couples and their children.
- Ongoing Debates: Despite progress in many places, debates about same-sex marriage continue in some societies. These discussions often involve considerations of religious freedom, cultural values, and differing perspectives on the nature and purpose of marriage.
While the legalization of same-sex marriage has been a significant milestone in many places, various issues and debates surround this topic. Here are some key issues related to same-sex marriage:
- Legal Recognition: In some regions, same-sex marriage is still not legally recognized. The lack of legal recognition can result in the denial of rights and benefits that heterosexual couples enjoy, such as inheritance rights, healthcare benefits, and parental rights.
- Religious Objections: Many religious traditions and institutions have strong views on marriage, often defining it as a union between a man and a woman. This has led to religious objections to the legalization of same-sex marriage, with some religious groups opposing it on moral or theological grounds.
- Cultural and Societal Attitudes: Attitudes toward same-sex marriage vary widely across cultures and societies. In some places, there is strong support for LGBTQ+ rights and same-sex marriage, while in others, conservative or traditional values may lead to resistance or opposition.
- Discrimination and Stigma: Even in places where same-sex marriage is legal, individuals in same-sex relationships may still face discrimination and stigma. This can manifest in various forms, such as workplace discrimination, social exclusion, or even violence.
- Parental Rights and Adoption: Same-sex couples may face challenges in adopting children or securing parental rights. Legal frameworks and societal attitudes toward LGBTQ+ individuals as parents can impact the ability of same-sex couples to form families through adoption or assisted reproductive technologies.
- Conversion Therapy: In some places, there are attempts to change an individual's sexual orientation through practices known as "conversion therapy." Such practices are widely discredited by mental health professionals and human rights organizations, yet they persist in some areas, potentially affecting LGBTQ+ individuals, including those in same-sex marriages.
- International Variances: The legal status and societal acceptance of same-sex marriage vary significantly on a global scale. While some countries have fully embraced LGBTQ+ rights, others criminalize same-sex relationships, and advocacy for same-sex marriage may face significant challenges.
- Education and Awareness: Lack of education and awareness about LGBTQ+ issues, including same-sex marriage, can contribute to prejudice and discrimination. Initiatives aimed at increasing understanding and acceptance are crucial for fostering inclusivity.
- Intersectionality: Issues related to same-sex marriage intersect with other forms of discrimination and disadvantage, such as race, gender identity, and socioeconomic status. LGBTQ+ individuals from marginalized groups may face additional challenges in accessing equal rights and acceptance.
The future of same-sex marriage is likely to be shaped by ongoing societal, legal, and cultural developments. Here are some potential directions and trends that could influence the way ahead for same-sex marriage:
- Global Legalization: Many countries had already legalized same-sex marriage, but there were still places where it was not recognized. The global trend has been moving toward greater acceptance, and more countries may choose to legalize same-sex marriage in the future.
- Increased Social Acceptance: Over time, societal attitudes toward LGBTQ+ individuals and same-sex relationships have become more accepting in many parts of the world. This trend is likely to continue, with increasing support for the rights and equality of LGBTQ+ individuals.
- Legal Protections: Beyond marriage, there will likely be continued efforts to secure legal protections for LGBTQ+ individuals in various areas, such as employment, housing, and healthcare. Ensuring comprehensive legal protection is crucial for fostering equality.
- Parental Rights: Advocacy for parental rights for same-sex couples, including adoption and access to assisted reproductive technologies, is likely to continue. Ensuring that same-sex couples have the same rights and opportunities to form families is an important aspect of LGBTQ+ rights.
- Intersectional Advocacy: Recognizing and addressing the intersectionality of LGBTQ+ issues with other forms of discrimination is essential. Advocacy efforts may increasingly focus on the unique challenges faced by individuals who belong to multiple marginalized groups.
- Educational Initiatives: Education and awareness programs about LGBTQ+ issues, including same-sex marriage, can contribute to reducing prejudice and discrimination. Continued efforts to include LGBTQ+ topics in educational curricula may foster a more inclusive and understanding society.
- Global Advocacy: International organizations and advocacy groups play a crucial role in promoting LGBTQ+ rights globally. Efforts to combat discrimination and human rights abuses based on sexual orientation and gender identity are likely to persist.
- Continued Dialogue: Open and respectful dialogue between individuals, communities, and religious institutions can contribute to greater understanding and acceptance. Encouraging conversations that bridge gaps in understanding can be instrumental in fostering support for same-sex marriage.
- Challenges to Progress: While progress has been made, challenges and opposition to same-sex marriage may persist in some regions. Cultural, religious, and political factors can influence the pace of change, and advocacy efforts may need to address these factors in nuanced ways.
- Technological Advances: Advances in assisted reproductive technologies, such as surrogacy and in vitro fertilization, may continue to provide new possibilities for same-sex couples to have children and may influence discussions around family dynamics and legal rights.
The future of same-sex marriage is likely to be dynamic and influenced by a combination of legal developments, changing social attitudes, and ongoing advocacy efforts. Continued collaboration between LGBTQ+ activists, policymakers, and the broader community will play a crucial role in shaping a more inclusive future.