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India’s top court rules against allowing same-sex marriages

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India’s top court on Tuesday declined to allow same-sex marriages in the country, quashing hopes that the long-awaited ruling would more than double the number of people worldwide with marriage equality rights

The petitioners – a diverse group of same-sex couples – had argued that India’s constitution guaranteed equality and urged the Supreme Court to recognise the unions under the Special Marriage Act, a secular law in India that has been used to legalise intercaste and inter-religious marriages.

Prime Minister Narendra Modi’s government registered its opposition in hearings earlier this year, arguing that in Indian culture, marriage is between a man and a woman. The government also said the issue was a legislative matter and should not be left to the courts.
Hindu activists protest against same-sex marriage outside the Supreme Court in New Delhi earlier this year. Photo: AFP/Getty Images/TNS

The Indian Supreme Court ruling leaves Taiwan and Nepal as the only Asian jurisdictions among more than 30 worldwide that permit same-sex marriage.

Progress around the issue had been swift in India, which decriminalised homosexuality in 2018 after a landmark ruling by the Supreme Court. Last year, the court expanded the legal definition of a family to include same-sex couples.
Petitioners in the case had called marriage a “bouquet of rights” that affected everything from adoption to inheritance. They told the court that it was discriminatory to deny LGBTQ couples these rights simply because their partnerships were not legally recognised.

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Modi’s Bharatiya Janata Party has acknowledged the practical difficulties faced by same-sex couples and offered to form a panel to look into steps that could minimise these issues. The petitioning parties, however, insisted on a court ruling.

A five-judge bench of the Supreme Court headed by the Chief Justice of India heard arguments in the case between April and May.

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