SAME SEX MARRIAGE
Judgement and effect
SAME SEX MARRIAGE
Present context - petitioners through senior advocates stressed on the equality rights of the LGBTQIA+ community and pushed to acknowledge such a union which would ensure LGBTQIA lead a "dignified" life like heterosexuals.
What is same-sex marriage?
Same-sex marriage is the same as Gay sex. Gay sex generally relates to relations between lesbian, gay, bisexual, and transgender couples.
In a landmark decision, the Supreme Court of India in 2018 in The judgment titled Navtej Singh Johar & Ors. v. Union of India - decriminalised gay sex between consenting adults by reading down Section 377 of the Indian Penal Code (IPC).
What same-sex marriage means?
The gender of a person is not always the same as their sexuality, “Since a transgender person can be in a heterosexual relationship like a cis-male or cis-female, a union between a transwoman and a transman, or a transwoman and a cisman, or a transman and a ciswoman can be registered under Marriage laws.”
What was government’s position on same-sex marriage?
Centre had opposed the pleas arguing that the legislative policy of India has consciously validated a union only between a biological man and a biological woman. The Centre's contention all along has been that the petitions seeking legal validation of same-sex marriage reflected an "urban elitist" view.
Constitutional position regarding marriage:
- The Constitution under Articles 245 and 246 empowers both the Parliament and the State to enact marriage regulations. Central government has not made any law to this effect.
- the rightto marriage is an element of the right to life but not for LGBTQIA+ community.
Same-sex marriage verdict:
Key points from Supreme Court's five-bench ruling on same-sex marriage
- No legal recognition of same-sex marriages
- No constitutional or fundamental right to civil unions
- Centre's high-powered committee to examine concerns of same-sex couples
- No right for queer couples to jointly adopt.
What is civil union?
Civil union is a legal arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples to assemble, get recognized, etc.
Who are queer couples?
Queer couples or relationships are those that are other than between a biological male and a female.
Which countries have provided legal status to same sex marriage?
Among the 34 countries where same-sex marriage is legal at present are:
- Argentina: Same-sex marriage was legalised in 2010.
- Australia: Same-sex marriage was legalised in 2017.
- Germany: Same-sex marriage was legalised in 2017.
- Mexico: Same-sex marriage was legalised in Federal District (Mexico City) in 2010, while the legalisation dates vary in different other states.
- United Kingdom: Same-sex marriage was legalised in 2014.
- Scotland: Same-sex marriage was legalised in 2014.
- Northern Ireland: Same-sex marriage was legalised in 2020.
Since 2015, married same-sex couples throughout the United States have had equal access to all the federal benefits that married opposite-sex couples have.
There are 35 countries with legal recognition other than marriage (eg, civil unions or registered partnerships).
A civil union (also known as a civil partnership) is a legally recognised arrangement similar to marriage, created primarily as a means to provide legal recognition for same-sex couples. Civil unions grant some or all of the rights of marriage.
Some of the countries with legal recognition are:
- Denmark: It was the first country to legalise civil unions for same-sex couples in 1989.
- Brazil: Civil unions were first created for opposite-sex couples in 2002.
- Andorra: Legal recognition for same-sex couples was granted in 2014.
- Chile: Legal recognition for same-sex couples was granted in 2015.
- Estonia: Legal recognition for same-sex couples was granted in 2016.
- Japan: Legal recognition for same-sex couples was granted in some municipalities before 2021.
- Slovenia: Legal recognition for same-sex couples was granted in 2017.