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Same-sex marriage

What is same-sex marriage?

Same-sex marriage means marriage between two people who belong to the same gender or sex. They enter into a religious or civil marriage ceremony. By same-sex marriage, we mean marriage between gays (a boy marrying a boy) and lesbians (a girl marrying a girl).

is the definition of same-sex marriage different in each country?

Yes, the definition of same-sex marriage can vary between countries, and it is important to understand the specific legal definition and cultural context of the country in question.

In some countries, same-sex marriage is legally recognized and has the same rights and responsibilities as heterosexual marriage. For example, in countries such as Canada, the United States, and the Netherlands, same-sex couples have the legal right to marry and receive the same benefits and protections as opposite-sex couples.

However, in other countries, same-sex marriage may not be legally recognized or may be subject to restrictions. Some countries may offer alternative forms of recognition, such as civil partnerships or domestic partnerships, which provide some legal rights but do not grant full marriage equality.

It is also important to note that cultural attitudes towards same-sex relationships and marriage can vary widely between countries, and may be shaped by factors such as religion, tradition, and social norms. These cultural attitudes can impact the legal recognition and acceptance of same-sex marriage.

Will India legalize same-sex marriage?

there have been efforts by activists and organizations to push for legal recognition of same-sex relationships and marriage.

In 2018, the Indian Supreme Court issued a historic ruling decriminalizing same-sex relations, stating that sexual orientation is an innate aspect of human identity and that discrimination on the basis of sexual orientation is a violation of fundamental rights. While this ruling did not legalize same-sex marriage, it was seen as a major step towards greater acceptance and recognition of the LGBTQ+ community in India.

There have been ongoing debates and discussions about legalizing same-sex marriage in India

What are some Earlier SC judgments on similar issues?

Placing reliance on the Supreme Court’s judgments in Lata Singh vs State of UP (2006), Shafin Jahan vs Asokan KM (2018), and LaxmibaiChandaragi B vs The State of Karnataka (2021), the plea contends that an adult person has the right to marry a person of their choice under Article 21.

Contending that the SC has always protected inter-faith, inter-caste couples when they chose to marry, the plea draws attention to the 2017 ruling in KS Puttaswamy vs Union of India, where a nine-judge Bench said the rights of LGBTQ persons cannot be construed as being “so-called rights”, but are real rights founded on sound constitutional doctrine.

“They inhere in the right to life. They dwell in privacy and dignity. They constitute the essence of liberty and freedom,” the 2017 ruling said.

A year later, in Navtej Singh Johar&Ors vs UOI, the SC held that members of the LGBTQ community are entitled to the “full range of constitutional rights including the liberties protected by the Constitution”.

“The choice of whom to partner, the ability to find fulfillment in sexual intimacies and the right not to be subjected to discriminatory behavior are intrinsic to the constitutional protection of sexual orientation,”.

What are the Arguments in Favour of Same-Sex Marriage?

Same-sex marriage legalization can help an individual to own up to his individuality and can finally be themselves. It also provides a brighter path for the people of the LGBTQ+ community.

how we can develop the notion of a civil union that finds legal recognition, CJI Chandrachud said that between the time the Navtej Johar judgment was delivered in 2018 and today, society has found greater acceptance of same-sex relationships. “You find that there is a greater acceptance in our universities, and by the way our universities don’t consist of only urban kids.

“Societal acceptance of any relationship is never dependent on either the legislation or judgment. The legislative intent of the legislature throughout has been a relationship between a biological man and a biological female”,

Equal Rights and Protection Under the Law: All individuals, regardless of their sexual orientation, have the right to marry and form a family.Core values of equality, liberty and fraternity need to be protected

Same-sex couples should have the same legal rights and protections as opposite-sex couples.

Non-recognition of same-sex marriage amounted to discrimination that struck at the root of the dignity and self-fulfillment of LBTQIA+ couples.

Strengthening Families and Communities: Marriage provides social and economic benefits to couples and their families. Allowing same-sex couples to marry strengthens families and communities by promoting stability and security.

Global Acceptance: Same-sex marriage is legal in many countries around the world, and denying this right to individuals in a democratic society goes against global principles.

In 133 countries homosexuality was decriminalized, but only in 32 of them same-sex marriage is legal.

What are the Arguments Against Same-Sex Marriage?

Religious and Cultural Beliefs: Many religious and cultural groups believe that marriage should only be between a man and a woman.

They argue that changing the traditional definition of marriage would go against the fundamental principles of their beliefs and values.

Procreation: Some people argue that the primary purpose of marriage is procreation and that same-sex couples cannot have biological children.

Therefore, they believe that same-sex marriage should not be allowed because it goes against the natural order of things.

Legal issues: There are concerns that allowing same-sex marriage will create legal problems, such as issues with inheritance, tax, and property rights.

Some people argue that it would be too difficult to change all the laws and regulations to accommodate same-sex marriage.

Who will pay maintenance and alimony in same-sex marriage cases?

Section 36 & 37 of the Special Marriage Act which gives rights only to women, regarding alimony and maintenance by their husband. Then here is how we will decide on maintenance and alimony.

What will be the age of marriage in same-sex marriage cases?

the minimum age of marriage for men and women is different under the law. It is 18 years for women and 21 for men, how that would stand affected if same-sex marriage is recognized?

What about child rights and their development in cases of same-sex marriage?

Child rights and development are important considerations in all family structures, including those that involve same-sex marriage. Maybe Same-sex couples are not capable of providing a loving and nurturing home for children as opposite-sex couples.

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