five-judge bench unanimously ruled that recognition of same-sex marriages should be left to Parliament, but ordered the government to form a committee to address concerns of LGBTQ people.
Topline
India’s Supreme Court refused to legalize same-sex marriage on Tuesday, saying Parliament should make the decision, but said queer couples have the right to choose their partners and should not be discriminated against based on sexual orientation.Key Facts
The top court’s five-judge bench unanimously ruled that there is “no unqualified right to marriage” and the institution of marriage “cannot be elevated to the status of a fundamental right.”
The bench also refused to strike down the Special Marriage Act, which recognizes interreligious marriages, for not recognizing non-heterosexual unions.
The bench issued a 3-2 verdict against allowing adoption of children by same-sex couples, saying it is not covered under existing law.
The bench was also split on recognizing a “civil union” between same-sex couples, with the 3-2 majority opposing it and saying LGBTQ individuals have the right to choose their partner and peaceful cohabitation, but “recognition of a civil union cannot exist in the absence of legislation.
