India’s Top Court Rules Against Allowing Same-Sex Marriage
by Shan Li, Wall Street Journal:
India’s chief justice said that regulating marriage is the domain of the country’s Parliament.
The Supreme Court of India ruled on Tuesday against legalizing same-sex marriage, dashing hopes that millions of LGBTQ people would see a dramatic change in their status and rights in the world’s most populous country.
In announcing the judgment, Chief Justice Dhananjaya Y. Chandrachud said the court recognized the right of gay people to form relationships, but that regulating marriage is the domain of Parliament and state governments.
“The constitution doesn’t expressly recognize a fundamental right to marry,” Chandrachud said in the ruling.
The ruling comes after a five-judge panel heard arguments in April and May in a case brought by dozens of people, including same-sex couples and rights groups. In the closely watched proceedings, which spanned over a month, lawyers for dozens of the petitioners argued that marriage is a fundamental right that should be granted to all consenting adults, regardless of their sexual orientation.
In recent years, India’s top court has expanded rights for gay, lesbian and transgender people in India. In 2018, it decriminalized gay sex, essentially legalizing homosexuality. Earlier, India recognized transgender people as a third gender in 2014.
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