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.

same sex marriage verdict

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:

  1. 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.
  2. 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.

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