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Supreme Court rejects same-sex marriage, disheartening LGBTQ+ community. Chief Justice cites ancient Indian queerness, calls for equality amid legal challenges.

Same-sex marriage: rooted in ancient texts and history, yet struggling to gain acceptance in modern days

Same-sex marriage: Rooted in ancient texts and history, yet struggling to gain acceptance in modern days

Supreme Court rejects same-sex marriage, disheartening LGBTQ+ community. Chief Justice cites ancient Indian queerness, calls for equality amid legal challenges.

Same Sex Marriage:&nbsp;Supreme Court's recent decision to reject the legalization of same-sex marriage left countless LGBTQ+ couples and activists disheartened.
Chief Justice DY Chandrachud said that "Queerness is a natural phenomenon known to India since ancient times."
<h3>Rooted in ancient scriptures</h3>
From Valmiki Ramayana to temples of Khajuraho, homosexuality has been a major part of our ancient scriptures and temples. While ancient Indian texts, inscriptions, and temple wall paintings do not explicitly endorse homosexuality, they do make multiple references acknowledging its existence during those times. History of homosexuality in India and evidence of same-sex relationships are found in ancient manuscripts, statues, and relics dating back to 1500 BC.
<h3>Influence of Victorian values&nbsp;</h3>
During British colonization, the strong influence of Victorian values and the control of patriarchy made homosexuality even more marginalized in India. South Africa was the first country to recognize the rights of homosexuals in a civil manner in 1994.
While society is slowly becoming more accepting of same-sex marriages, there are still many constitutional bans on such marriages in various states, leading to the denial of legal and financial rights that are granted to married couples.
<h3>Decriminalization of section 377&nbsp;</h3>
In India, the decriminalization of section 377 of the IPC in 2018 in the case of Navtej Singh V. Union of India was a significant step towards recognizing the rights of LGBTQ+ individuals. While progress has been made in recognizing the rights of same-sex couples, there is still a long way to go in terms of full equality.
Also watch: <a title="As SC's verdict on same sex marriage comes, let's understand what LGBTQIA+ stands for" href="https://www.editorji.com/lifestyle-news/as-sc-s-verdict-on-same-sex-marriage-comes-let-s-understand-what-lgbtqia-stands-for-1697534886919">As SC's verdict on same sex marriage comes, let's understand what LGBTQIA+ stands for</a>

Supreme Court's judgement on same-sex marriage case has left people disappointed and they said that their fight is not over yet

Same-sex marriage verdict: People express disappointment over SC's judgement

Supreme Court's judgement refusing legalisation of same-sex marriage has left people disappointed

Supreme Court's verdict on same-sex marriage has left people disappointed. In a judgement on October 17, SC refused the rights of same-sex couples to enter into marriages or have civil unions.
Several activists and queer folks came forward and voiced their opinion on SC's verdict. They&nbsp;expressed disappointment that the verdict was not in their favour and said that they were expecting more.&nbsp;
It is worth noting that the apex court said that the law as it stands today does not recognise the right to marry or civil union and that is now up to the Parliament to make laws enabling the same.&nbsp;
This judgement was rendered by a 5-judge Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha.
Also watch: <a href="https://www.editorji.com/india-news/same-sex-marriage-verdict-advocate-karuna-nundy-says-opportunities-were-pushed-off-to-the-legislators-1697538953491">Same-sex marriage verdict: Advocate Karuna Nundy says opportunities were pushed off to the legislators</a>

The Supreme Court observed that it is 'incorrect to state that marriage is a static and unchanging institution'

Same-sex marriage verdict: SC says marriage not static institution, has changed forms

The Supreme Court observed that it is 'incorrect to state that marriage is a static and unchanging institution'

The Supreme Court has observed that the concept of marriage has changed over the years and it cannot be argued that it is a static institution.&nbsp;
The observation came as a counter to Centre's argument that in the Indian socio-religious construct marriage is meant to be between a biological man and a biological woman.&nbsp;
Quotes from Chief Justice DY Chandrachud's judgement
'Incorrect to state that marriage is a static and unchanging institution.'
'Reforms in marriage have been brought about by Acts of the legislature.'
Also Watch: <a href="https://www.editorji.com/india-news/same-sex-marriage-verdict-sc-counters-centre-s-view-says-homosexuality-not-urban-concept-1697523356544">Same-sex marriage verdict: SC counters Centre's view, says homosexuality not urban concept</a>

The Supreme Court refused to legalise same-sex marriage in a split verdict.

Supreme Court refuses to legalise same-sex marriage

The Supreme Court refused to legalise same-sex marriage in a split verdict.

A five-judge bench of the Supreme Court on October 17 refused to legalise same-sex marriage.&nbsp;
Delivering his opinion, Chief Justice of India DY Chandrachud said that homosexuality or queerness is not an urban concept.&nbsp;
"Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society. It is not an English-speaking man with a white collar man who can claim to be queer but equally a woman working in an agricultural job in a village. Queerness can be regardless of one's caste or class or socio-economic status," said the CJI.
"Choosing a life partner is an integral part of choosing one's course of life. Some may regard this as the most important decision of their life. This right goes to the root of the right to life and liberty under Article 21," CJI added.
 He added that the right to enter into a union can't be restricted based on sexual orientation.
While Justices Kaul supported the CJI's views, Justices Ravindra Bhat, PS Narasimha and Hima Kohli opposed it.
"There is no unqualified right to marriage. Conferring legal status to civil union can only be through enacted law," said Justice Bhat.
Justice Narasimha said the right to marriage is a statutory right or flowing from a custom.
The court asked the government to form a panel to address concerns of same-sex couples.
Also watch: <a href="https://www.editorji.com/india-news/same-sex-marriage-verdict-sc-counters-centre-s-view-says-homosexuality-not-urban-concept-1697523356544">Same-sex marriage verdict: SC counters Centre's view, says homosexuality not urban concept</a>

The Supreme Court on October 17 refused the rights of same-sex couples to enter into marriages or have civil unions. Advocate Karuna Nundy weighed in on this and said opportunities were pushed off to the legislators.

Same-sex marriage verdict: Advocate Karuna Nundy says opportunities were pushed off to the legislators

The Supreme Court on October 17 refused the rights of same-sex couples to enter into marriages or have civil unions. Advocate Karuna Nundy weighed in on this and said opportunities were pushed off to the legislators.

The Supreme Court on October 17 refused the rights of same-sex couples to enter into marriages or have civil unions.&nbsp;
The top court was delivering its verdict on pleas seeking the legalisation of same-sex marriages.&nbsp;
Advocate Karuna Nundy, who argued in favour of same-sex marriages, shared her views on the judgement and said that there were some opportunities that she believes the Supreme Court pushed off to the legislators.&nbsp;
She further said that the central government has made their stand clear with regard to marriage and they are just hoping that the committee will ensure that civil unions are recognised and concomitants of marriage are then brought into law at least with regards to civil unions.&nbsp;
Nundy also said that though there was no unanimous judgement, one thing that the Supreme Court bench agreed on was that queer citizens have rights and that they must be protected.&nbsp;
During the verdict, CJI DY Chandrachud said, "Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society. It is not an English-speaking man with a white collar man who can claim to be queer but equally a woman working in an agricultural job in a village. Queerness can be regardless of one's caste or class or socio-economic status."
Also watch: <a href="https://www.editorji.com/india-news/supreme-court-refuses-to-legalise-same-sex-marriage-1697527056326">Supreme Court refuses to legalise same-sex marriage</a>

Committee to be headed by Union Cabinet Secretary

 Same-sex marriage: Modi govt tells SC it will set up committee to look into LGBTQIA+ community

Same-sex marriage plea hearing in Supreme Court Modi govt to set up committee to look into LGBTQIA+ issues Committee to be headed by Union Cabinet Secretary
&nbsp;

The government sought suggestions from petitioners on what administrative steps can be taken.

During a hearing in the Supreme Court on the issue of same-sex marriage, the Narendra Modi government said that it would set up a special committee.
The Union government said on May 3, 2023, that the committee would look at administrative steps which can address some concerns of same-sex couples without going into the legalisation of marriage.
The government sought suggestions from petitioners on what administrative steps can be taken.
&nbsp;

The letter by ‘Sweekar-The Rainbow Parents’ assumes significance it comes when a five-judge constitution bench headed by the CJI is hearing a batch of petitions seeking legal validation for same-sex marriage

Over 400 parents write to Chief Justice hoping to see 'rainbow marriage' of their children

A group of over 400 parents has written to Chief Justice of India D Y Chandrachud seeking marriage equality for their  LGBTQIA++ children. 

The letter by &lsquo;Sweekar-The Rainbow Parents&rsquo; assumes significance it comes when a five-judge constitution bench headed by the CJI is hearing a batch of petitions seeking legal validation for same-sex marriage

A group of over 400 parents has written to Chief Justice of India (CJI) D Y Chandrachud, heading a bench hearing the pleas seeking legal sanction for same-sex marriage, urging that their LGBTQIA++ wards be granted the right to &ldquo;marriage equality&rdquo;.
The letter by &lsquo;Sweekar-The Rainbow Parents&rsquo; assumes significance it comes when a five-judge constitution bench headed by the CJI is hearing a batch of petitions seeking legal validation for same-sex marriage for the fourth day.
&ldquo;We desire to see our children and children-in-law find final legal acceptance for their relationship under the Special Marriage Act in our country. We are certain that a nation as big as ours which respects its diversity and stands for the value of exclusion will open its legal gate of marriage equality to our children too.
&ldquo;We are growing old. Some of us will touch 80 soon, we hope that we will get to see the legal stamp on the rainbow marriage of our children in our lifetime,&rdquo; the group said in its letter.
&lsquo;Sweekar-The Rainbow Parents&rsquo; is a group formed by the parents of Indian LGBTQIA++ ((lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally) wards with the aim of supporting each other to accept one&rsquo;s child fully and be happy as a family.
&ldquo;We are appealing to you to consider marriage equality,&rdquo; the letter said.
It said from knowing about gender and sexuality to understanding the lives of our children, to finally accepting their sexuality and their loved ones- the parents have gone through the whole &ldquo;gamut of emotions&rdquo;.
&ldquo;We empathise with those who are opposing marriage equality because some of us were there too. It took us education, debate and patience with our LGBTQIA++ children to realise that their lives, their feelings and their desires are valid. Similarly, we hope that those who oppose marriage equality will come around too. We have faith in the people of India, the Constitution and the democracy of our nation,&rdquo; it said.
It referred to the apex court judgement of 2018 by which it decriminalised consensual gay sex.
The judgement ensured LGBTQIA++ people are treated with dignity and acceptance.
"Society is a changing and evolving phenomenon. Just as a rising tide lifts all boats, the judgement by the Supreme Court created a ripple effect on society and has helped,&rdquo; it said.&nbsp;

Justice Chandrachud said this after Solictor General Tushar Mehta argued that marriage laws are based around 'a relationship between a biological man and a biological female' 

Same-sex marriage hearing in SC: what Chief Justice said on 'biological notion of man and woman'

Chief Justice of India DY Chandrachud while hearing a case seeking legal recognition for same-sex marriages remarked that the notion of a biological man or woman is not absolute.

Justice Chandrachud said this after Solictor General Tushar Mehta argued that marriage laws are based around 'a relationship between a biological man and a biological female'&nbsp;

Chief Justice of India DY Chandrachud while hearing a case seeking legal recognition for same-sex marriages remarked that the notion of a biological man or woman is not absolute. He added that being a man or a woman is 'not restricted to the genitals'.&nbsp;
Justice Chandrachud said this after Solictor General Tushar Mehta argued that marriage laws are based around 'a relationship between a biological man and a biological female'&nbsp;

The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.

Institution of marriage matter of policy: Rijiju on same-sex marriage

The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.

A day after the Centre opposed in the Supreme Court legal validation of same-sex marriage, Law Minister Kiren Rijiju on Monday said the government does not "disturb" the personal freedom and activities of individuals but the issue related to the institution of marriage is a matter of policy.
Responding to a question on the Centre's stand in the top court, Rijiju said, "The government is not interfering in the personal life, personal activities of anybody. So there should be no confusion. When it comes to an issue related to the institution of marriage, then it is a matter of policy." "Personal freedom and personal activities of individuals, of the citizens are never being disturbed, regulated, questioned by the government. You must be very clear about it. There is a clear distinction," he told reporters outside the Parliament House.
The Centre has opposed in the Supreme Court a batch of pleas seeking legal validation of same-sex marriage, saying it would cause complete havoc with the delicate balance of personal laws and accepted societal values.

Japan PM: Ban on same-sex marriage not discrimination

Japan PM opposes same-sex marriage, says ban not discriminatory 

Japan PM: Ban on same-sex marriage not discrimination

Japanese Prime Minister Fumio Kishida said the country's ban on same-sex marriage is not discriminatory, insisting that constitutional freedom of marriage only envisions heterosexual unions, a comment that triggered criticism he is backtracking despite his recent apology and meeting with LGBTQ people.
Kishida's governing Liberal Democratic Party, known for its conservative family values and reluctance to promote gender equality and sexual diversity, is virtually the main opposition to legalisation of same-sex marriage and other measures of equality for LGBTQ people.
Asked by an opposition lawmaker at Tuesday's parliamentary budget committee if he thinks a same-sex marriage ban constitutes discrimination, Kishida said &ldquo;I don't think disallowing same-sex couples to marry is unjust discrimination by the state." His comment sparked criticism from opposition lawmakers and LGBTQ activists, who questioned whether Kishida was backpedalling to show consideration to ultra-conservatives in his party who oppose sexual diversity.
Kishida said after meeting with LGBTQ representatives in mid-February that he &ldquo;strongly felt the need for discussion" and would consider the voices of the people and in parliament, as well as rulings in several ongoing lawsuits and measures in local municipalities.
Kishida on Wednesday repeated his position that a same-sex marriage ban &ldquo;is not unconstitutional&rdquo; and denied that he is prejudiced. &ldquo;I believe I do not have a sense of discrimination (on the issue),&rdquo; he said. &ldquo;And I have never stated I'm against it.&rdquo; Former Kishida aide Masayoshi Arai's discriminatory remarks last month about LGBTQ people ignited nationwide outrage and prompted a renewed push for the Kishida government to enact an anti-discrimination law even after the official was sacked.
Arai told reporters in early February that he wouldn't want to live next to LGBTQ people and that citizens would flee Japan if same-sex marriages were allowed.
Toru Miyamoto, a Japanese Communist Party lawmaker, asked Kishida on Wednesday about his meeting with LGBTQ representatives and whether he really meant his apology.
Miyamoto also noted recent media surveys and local government initiatives introducing non-binding same-sex partnerships, and told Kishida that support for same-sex marriage now represents the majority of public opinion.
Since the controversy erupted, Kishida appointed a special aide for LGBTQ issues and instructed his party to prepare legislation to promote understanding for LGBTQ rights.
Activists are now urging the government to enact anti-discrimination legislation before Japan hosts a summit of the Group of Seven industrialised nations in May in Hiroshima. Japan is the only G-7 member that has not recognized same-sex marriage or enacted an anti-discrimination law for LGBTQ people.
But his own previous comments &mdash; including that allowing same-sex marriage would change society and family values and must be carefully considered &mdash; were also seen as an indication of his reluctance to promote equal rights for LGBTQ people despite his pledge to create an inclusive and diverse society.
Campaigns for equal rights for LGBTQ people have been stonewalled especially by conservatives in Kishida's governing Liberal Democratic Party. An attempt to enact an equality awareness promotion law ahead of the 2021 Tokyo Olympics was quashed by the party.
While surveys show growing public support for same-sex unions, government efforts to support sexual diversity have been slow in Japan and legal protections are still lacking for LGBTQ people. Lesbian, gay, bisexual and transgender people often face discrimination at school, work and home in Japan, causing many to hide their sexual identities

BJP member Sushil Kumar Modi on Monday said that certain left-liberal people as well as activists are making efforts to get legal sanctity for same-sex marriage. He urged the government to strongly argue against same-sex marriage in court.

Same sex marriage would cause complete havoc says BJP MP Sushil Modi in Rajya Sabha

BJP member Sushil Kumar Modi on Monday said that certain left-liberal people as well as activists are making efforts to get legal sanctity for same-sex marriage. He urged the government to strongly argue against same-sex marriage in court.

BJP member Sushil Kumar Modi on Monday said that certain left-liberal people as well as activists are making efforts to get legal sanctity for same-sex marriage and urged the government to strongly oppose any such attempt.
Raising the issue during the Zero Hour, he also urged the judiciary not to give any order which is against the cultural ethos of the country.
In India, certain left-liberal people and some activists are making efforts for getting legal recognition for same-sex marriage, he said.
Vehemently opposing their intent, he highlighted the importance of the institution of marriage in the country.
"In India, same-sex marriage is neither recognised nor accepted in any uncodified personal law like the Muslim Personal Law or any codified statutory laws.Same sex marriage would cause complete havoc with a delicate balance of personal laws in the country," the MP observed.
The BJP leader said two judges cannot decide on such an important social issue and demanded a debate in Parliament as well as society at large.
He urged the government to strongly argue against same-sex marriage in court.
Meanwhile, YSRCP member Vijay Sai Reddy demanded setting up of a drone research institute in Visakhapatnam.
He noted that drones are very useful, especially for agriculture, defence and logistics sectors.
Reddy said about 65 per cent of people in Andhra Pradesh are engaged in agriculture.
Raghav Chadha of the AAP said people from Punjab are living in many countries, but air connectivity from Punjab to those countries was not adequate.
Harnath Singh Yadav of the BJP highlighted that five crore cases are pending in various courts and urged the government to take steps to ensure timely justice to people.

Lawmakers from the ruling Democratic party, as well as Opposition Republican party were present.

Same-sex marriage: US President Joe Biden signs off on law at White House ceremony

Lawmakers from the ruling Democratic party, as well as Opposition Republican party were present.

In a significant move, US President Joe Biden signed a same-sex marriage legislation into law at a major ceremony at the White House on 13 December 2022. Biden said that it was a blow against hate in all its forms.
Lawmakers from the ruling Democratic party, as well as Opposition Republican party were present.
The law marks a compromise between same-sex marriage rights and conservative concerns. Churches can still refuse to perform same-sex marriages, and states will not be required to issue marriage licenses to same-sex couples. But they will be required to recognize marriages conducted elsewhere in the country.
The signing marks the culmination of a monthslong bipartisan effort sparked by the Supreme Court's decision in June to overturn Roe v. Wade, the 1973 ruling that made abortion available across the country.
In a concurring opinion in the case that overturned Roe, Justice Clarence Thomas suggested revisiting other decisions, including the legalization of gay marriage, generating fear that more rights could be imperilled by the court's conservative majority. Thomas did not reference interracial marriage with the other cases he said should be reconsidered.
(With agency inputs)
Also Watch| <a href="https://www.editorji.com/world-news/love-is-love-us-senate-votes-passes-bill-to-protect-same-sex-marriage-1669778088662">Love is Love: US senate votes, passes bill to protect same-sex marriage</a>

US senate votes, passes bill to protect same-sex marriage

A similar bill was already passed in June by the House of Representatives. All the chamber's Democrats voted in favor, along with 47 Republicans.

The US Senate passed a landmark bill Tuesday protecting same-sex marriage, as lawmakers from both parties moved to forestall the possibility of the conservative-led Supreme Court taking away this right as it did with abortion.
"With today's bipartisan Senate passage of the Respect for Marriage Act, the United States is on the brink of reaffirming a fundamental truth: love is love, and Americans should have the right to marry the person they love," President Joe Biden said in a statement released after the 61-36 vote.
The Senate vote sends the bill back to the House of Representatives, which is expected to move swiftly to approve it and send it for Biden's signature.
Senate majority leader Chuck Schumer hailed a "momentous step forward for greater justice for LGBTQ Americans."
Eleven Republicans joined Democrats to pass the legislation on what had for decades been a deeply divisive issue in America.
In the United States, same-sex unions have been guaranteed by the Supreme Court since 2015. But after the court's historic overturning of a longstanding ruling protecting the right to abortion in June, many progressives feared that same-sex marriage may also be under threat.
Democrats have worked with urgency to get the bill passed while they still control Congress.
Also Watch| <a href="https://www.editorji.com/world-news/us-supreme-court-strikes-down-abortion-rights-1656081471131">US Supreme Court strikes down abortion rights</a>
They held on to the Senate in this month's mid-term elections but lost the House to the Republicans, although the latter eked out a much thinner majority than they had expected. So when the new Congress takes power in January, gridlock is expected.
The bill passed Tuesday does not require states to legalize same-sex marriage.
But it repeals previous legislation defining marriage as a union between a man and a woman, and does require states to recognize same-sex marriages from other states.
So if the Supreme Court were to overturn the 2015 ruling that legalized same-sex marriages, a state that bans them will still have to recognize such unions carried out in other states. The bill also applies to inter-racial marriages.
"Today&rsquo;s vote is deeply personal for many of us in this chamber," said Schumer, who wore the same tie he had on at his lesbian daughter's wedding.
A similar bill was already passed in June by the House of Representatives. All the chamber's Democrats voted in favor, along with 47 Republicans.
The new vote in the House is needed to reconcile the two bills but this is seen as a formality.
The powerful American Civil Liberties Union hailed the "historic step forward" but denounced the rise of laws attacking the right of transgender people in several states.
"While we welcome the historic vote on this measure, members of Congress must also fight like trans lives depend on their efforts because trans lives do," James Esseks, director of the ACLU's LGBTQ &amp; HIV Rights Project, said in a statement.
Polls show a strong majority of Americans back same-sex marriage but it is still contentious. Thirty-six Republicans voted 'no' on Tuesday and the religious right remains mostly opposed to such unions.

Same-sex marriage is now legal in all of Mexico's states

In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.

Lawmakers in the border state of Tamaulipas voted Wednesday night to legalise same-sex marriages, becoming the last of Mexico's 32 states to authorise such unions.
The measure to amend the state's Civil Code passed with 23 votes in favour, 12 against and two abstentions, setting off cheers of &ldquo;Yes, we can!&rdquo; from supporters of the change.
The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.
The president of the Supreme Court of Justice of the Nation, Arturo Zald&iacute;var, welcomed the vote. &ldquo;The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,&rdquo; he said on Twitter.
A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.
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In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.

Another Mexican state approves same-sex marriage; 29th state to do so

Tabasco is the home state of President Andr&eacute;s Manuel L&oacute;pez Obrador, but he has shown little appetite to push such legislation.

Mexico's largest state approved same-sex marriage on Tuesday, leaving only three of the country's 32 states without such laws.
The State of Mexico, which almost surrounds Mexico City, has the largest population of any state in the country. Its legislature voted to recognise same-sex marriages and same-sex common-law marriages, becoming the 29th state to do so.
That leaves only the northern border state of Tamaulipas, the Gulf coast state of Tabasco and the southern state of Guerrero without such laws.
Tabasco is the home state of President Andr&eacute;s Manuel L&oacute;pez Obrador, but he has shown little appetite to push such legislation.
&ldquo;Today, by becoming the 29th state to approve equal marriage, we will be reducing inequality, and letting the country know that in the State of Mexico we do not leave anybody behind,&rdquo; said state legislator Paola Jimenez.
Mexico, Brazil and Argentina top Latin America in the number of same-sex marriages.&nbsp;
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The Narendra Modi government reportedly said that only the Parliament can be a forum for creation of a new social relationship.

Same-sex marriage hearing in Supreme Court: what govt, petitioners said

The Narendra Modi government reportedly said that only the Parliament can be a forum for creation of a new social relationship.

The Supreme Court on 18 April 2023 held a hearing on petitions seeking validation of same-sex marriage.
The Narendra Modi government reportedly said that only the Parliament can be a forum for creation of a new social relationship.
The petitioners argued that they do not want to face stigma in public, and marriage can be one step towards this as the institution is respected in Indian society.
The petitioners said that they want the right to marry as it is available to others, and even the hurdle of IPC Section 377 is gone now. They also cited examples like child marriage to show how the concept has evolved over the years.
Meanwhile, Chief Justice of India DY Chandrachud wondered what the court can do on the issue in the absence of legislation. He reportedly gave the examples of USA and UK to say that there, the legislature had intervened first by banning, then recognising same-sex marriage.
&nbsp;

same sex marriage

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