Central Government’s Stand on Same-Sex Marriage in India

The union government in India has opposed Same-Sex Marriage, asserting that judicial intervention could disrupt the delicate balance of personal laws. It emphasizes that the Supreme Court’s 2018 decision only decriminalized same-sex sexual activity but did not legitimize such unions as part of the fundamental right to life and dignity under Article 21 of the constitution. The government argued that marriage, as a sacred and sacramental union between a biological man and a biological woman, aligns with cultural values in India. According to their stance, marriages between individuals of the same sex, even if registered, would violate existing provisions in both personal and statutory law. The government maintains that the court’s decriminalization of homosexuality does not extend to legalizing Same-Sex Marriage.

List of Countries Where Same-Sex Marriage Is Legal 2024

Same-Sex Marriage Countries: Same-sex marriage is a marriage between partners of the same gender. They can be two women or two men. Thirty-three nations recognize Same-Sex Marriage, including the United States of America, Canada, and South Africa. Many countries around the world have legalized or are in the process of legalizing same-sex marriage taking a major step towards advancing rights to the LGBTQ+ community. Some countries still stand strong against their opposition to same-sex marriages.

In this article, we will cover same-sex Marriage Countries i.e. where it is legal, and laws related to same-sex marriage.

Table of Content

  • What is Same-Sex Marriage?
  • Different Religious Views on Sex
  • International Trends on Same-Sex Marriage
  • Laws on Same-Sex Marriage in India
  • Supreme Court October judgment on Same-Sex Marriage
  • Central Government’s Stand on Same-Sex Marriage in India

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What is Same-Sex Marriage?

Same-sex marriage is a union between partners of same gender identity be they two women or two men. Commonly known as gay marriage this form of marriage is recognized in around 33 countries around the world....

Different Religious Views on Sex

Some conservative religions still see same-sex marriage as sinful and see sex as something only for heterosexual couples. Although not all religions are the same. Let’s discuss these through some examples- Hinduism sees sex as a natural process while Christianity may view it as sacred and meant for only heterosexual couples. On the other hand, Islam emphasizes procreation between husband and wife to avoid sin. In short, there are various views on sex in different religions but these perspectives are mostly for heterosexual couples....

International Trends on Same-Sex Marriage

Internationally, the trend toward recognizing and legalizing same-sex marriage has gained momentum over the past decades, with numerous countries adopting more inclusive policies. Pioneering nations in Europe, the Americas, and Oceania have set precedents, influencing global reconsideration of LGBTQ+ rights. The increasing acknowledgment of the fundamental human right to marry regardless of gender or sexual orientation reflects a commitment to fostering equality for LGBTQ+ individuals on a global scale. As countries move towards greater inclusivity, the international community witnesses a broadening acceptance of diverse forms of relationships....

Laws on Same-Sex Marriage in India

The legal system in India still does not recognize same-sex marriages and the law in the country defines marriage as a union between man and woman. Section 377 of the Indian penal code which criminalized homosexuality was abrogated in 2018 by the supreme court of India. However, this did not legalize same-sex marriages....

Supreme Court October judgment on Same-Sex Marriage

Chief Justice of India DY Chandrachud emphasized the fact that choosing a partner is a part of the Fundamental right of right to life. Although the CJI along with the five-judge bench On October 17 2022 ruled against the decision to grant the right to same-sex marriage destroying the hope of millions. In favour of the decision Justice Chandrachud clarified that the decision of equal rights on marriage was beyond the scope of the Supreme Court and should be discussed by the parliament. Several arguments were made against the legalization of same-sex marriage most important of which were the religious and cultural beliefs, Changing the traditional definition of marriage, and procreation as the primary purpose of marriage....

Central Government’s Stand on Same-Sex Marriage in India

The union government in India has opposed Same-Sex Marriage, asserting that judicial intervention could disrupt the delicate balance of personal laws. It emphasizes that the Supreme Court’s 2018 decision only decriminalized same-sex sexual activity but did not legitimize such unions as part of the fundamental right to life and dignity under Article 21 of the constitution. The government argued that marriage, as a sacred and sacramental union between a biological man and a biological woman, aligns with cultural values in India. According to their stance, marriages between individuals of the same sex, even if registered, would violate existing provisions in both personal and statutory law. The government maintains that the court’s decriminalization of homosexuality does not extend to legalizing Same-Sex Marriage....

Conclusion – Same-Sex Marriage Countries

In short, the global perspective on Same-Sex Marriage varies widely, with some countries making strides towards recognition, such as the united states while others, like India, face legal and cultural hurdles. International trends suggest increasing support for LGBTQ+ rights, but the landscape remains complex. Recent legal developments in India, including a privacy rights bill, offer a glimmer of hope for potential progress. However, challenges persist, including government opposition and traditional beliefs. The 2022 Supreme Court ruling in India adds uncertainty, emphasizing the ongoing need for activism to advance LGBTQ+ rights globally...

FAQs on Same-Sex Marriage Countries

1. Is Same-Sex Marriage legal in India?...