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Supreme Court of India Declines to Legalise Same-Sex Marriage

India’s Supreme Court has declined to legalize same-sex unions, dashing the hopes of millions of LGBTQ+ people seeking marriage equality.

Same-Sex Marriage Verdict: The petitioners argued that same-sex couples should be granted the same rights as any heterosexual couples the status of spouse in finance and insurance issues; medical, inheritance, and succession decisions, and even in adoption and surrogacy matters.

The court instead accepted the government’s offer to set up a panel to consider granting more legal rights and benefits to same-sex couples. Activists and same-sex couples said they were disappointed by the judgment and would continue their campaign. The court was considering 21 petitions by same-sex couples and activists.

Historic judgment of the Supreme Court

  • Dissenting opinion of 2 judges in adoption cases
  • Parliament will take the decision to change the law
  • A committee will be formed to protect the rights of homosexuals
  • We will not enter into the jurisdiction of the Parliament
  • Parliament can amend the Special Marriage Act

In a sign of how contentious the issue remains in India, the five-judge bench of the Supreme Court, led by the chief justice of India, said they had been divided on the matter, and four separate judgments were written by the bench. Two of the judges had supported same-sex civil unions but the majority verdict ruled against them.

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