Same-sex marriage in India – level 3
India’s Supreme Court declined to legalize same-sex marriage, leaving the decision to parliament, concurring with the government’s stance that the legislature should decide on this contentious issue.
The unanimous decision disappointed the LGBTQ community in India, five years after the court overturned a colonial-era ban on gay sex. The ruling party BJP argued that same-sex marriage doesn’t align with the traditional Indian family structure of husband, wife, and children.
The court’s decision followed over a dozen petitions filed since the previous year and was delivered by Chief Justice D.Y. Chandrachud. Chandrachud emphasized the court’s role as interpreters of law, not lawmakers, and rejected the notion that being gay is an urban or elite concept.
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What long-term effect do you anticipate the Supreme Court's ruling on same-sex marriage will have in India?
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