Supreme Court Denied To Grant Legal Recognition To Same-Sex Marriage

Here we are going to talk about the recent news of the Supreme Court verdict regarding same-gender marriage. The public is going through the internet to learn more about recent news on same-gender marriage and not only that they also like to know what the Supreme Court’s verdict on that as the news about it is going viral over the internet. So, for our readers, we have brought information about the ongoing viral news of same-gender marriage in this article. Not only that we are also going to tell what the Supreme Court’s verdict regarding this as the public is also searching about it over the internet. So, keep reading through the article to know more.

Supreme Court Denied Same-Sex Marriage

Millions of lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons in India were dismayed by the Supreme Court’s decision on Tuesday to deny same-gender couples legal recognition and rule that only the federal government and state legislatures can approve marriages. By a 3-2 margin, the court also declined to uphold civil unions and queer couples’ rights to adopt children, noting that requiring the state to recognize or grant legal status to some unions would go against the separation of powers doctrine and might have unintended consequences.

This court can only interpret and apply the law; it cannot create it. The ruling said that the court must abstain from topics while using its judicial review authority, especially where they have an impact on policy that belongs in the legislative realm. The right to marry is not a fundamental right, according to the Constitution bench that includes Chief Justice of India (CJI) Dhananjaya Y. Chandrachud and justices Sanjay Kishan Kaul, S. Ravindra Bhat, Hima Kohli, and P.S. Narasimha. The bench also ruled that it is outside the purview of courts to direct the legislature to define same-gender marriages and queer relationships through new legislation.

The unanimous opinion of the bench was that “the directions or orders of this court cannot encroach upon the domain of the legislature,” noting that Parliament and state assemblies had passed legislation establishing and governing the sociolegal institution of marriage under the Constitution. However, there were two significant areas where the two sides disagreed: adoption rights and the acceptance of civil unions, which is often regarded as the first step towards providing full marriage equality. The decision dashed the dreams of about 20 petitioners who had petitioned the Supreme Court, claiming that their constitutional rights had been infringed because their relationships had prevented them from receiving the financial benefits that their heterosexual contemporaries had received.