The Supreme Court on Tuesday dominated that same-sex marriages can’t get recognition within the nation and mentioned it’s inside Parliament’s ambit to change the legislation for validating such unions.
A five-judge structure bench of the Supreme Court, nevertheless, recognised equal rights for queer individuals and their safety, whereas calling for sensitisation of most of the people in order that they don’t face discrimination.
The apex court docket, whereas passing 4 separate verdicts, was unanimous in holding that there’s “no unqualified right” to marriage, and same-sex {couples} can’t declare it as a basic proper underneath the Constitution.
Earlier, the Government of India opposed the authorized recognition of same-sex marriages within the nation. In an affidavit filed earlier than the Supreme Court, the Centre mentioned same-sex relationships and heterosexual relationships are a “distinctive” class of relationships and can’t be handled identically.
Citing the idea of Indian households, the Centre, in its affidavit, mentioned, “Notion of marriage… necessarily and inevitably presupposes union bet 2 persons of the opposite sex. This definition is socially, culturally & legally ingrained into the very idea and the concept of marriage & ought not to be disturbed or diluted by judicial interpretation.”
While the SC ruling signifies that same-sex {couples} can not get married in India formally, there are at the least 35 nations around the globe that both acknowledge same-sex marriage or give authorized recognition to them.
The US, the United Kingdom, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan and Uruguay are amongst nations the place same-sex marriage is authorized.
United States
In the oldest democracies on this planet, the US Supreme Court acknowledged homosexual marriage in 2015, mentioning that limiting marriage solely to heterosexual {couples} violated the 14th Amendment assure of equal safety underneath the legislation. Before the SC ruling, 36 States had already legalized same-sex marriage and the Supreme Court lastly assured the suitable on the federal stage in 2015.
In 2003, Massachusetts grew to become the primary US state to legalise same-sex marriage, following a ruling by the state’s Supreme Court.
New Zealand
New Zealand decriminalized homosexual intercourse in 1986 and has been recognizing civil unions between same-sex {couples} since 2005. In 2013, New Zealand grew to become the primary nation within the Asia-Pacific area to legalize same-sex marriage.
Taiwan
Considered a hotspot for LGBTQ life, Taiwan legalized homosexual marriage in 2019. The annual pleasure parade in Taiwan attracts individuals from throughout Asia. However, the legislation says each companions should be from a spot the place same-sex marriages are thought-about authorized.
Germany
In 2017, Germany handed laws for same-sex marriage.
Austria
Same-sex marriage grew to become authorized on January 1, 2019. Though homosexual and lesbian {couples} in Austria might type civil partnerships since 2010, nevertheless, a court docket dominated in 2017 that civil partnerships had been discriminatory.
Malta
Malta grew to become the primary nation in Europe to legalize same-sex marriage in 2017. It additionally granted {couples} adoption rights after bringing amendments to the nation’s Marriage Act.
Finland
After widespread public assist for same-sex marriage, Finland’s Parliament permitted a invoice to legalize same-sex marriage in 2014. However, the legislation got here into impact in 2017.
Ireland
Ireland grew to become the primary nation to legalize same-sex marriage by a well-liked vote in 2015.
Colombia
In 2016, a court docket in Colombia legalized same-sex marriage, stating that it does violate the structure.
Greenland
Greenland’s parliament voted unanimously to legalize same-sex marriage and granted adoption rights in 2015.
Luxembourg
Luxembourg’s Chamber of Deputies permitted a invoice permitting same-sex marriage and giving {couples} the suitable to undertake youngsters in 2014.
Scotland
Despite protests by the Church of Scotland and the Roman Catholic Church, the Scottish Parliament gave its approval to laws legalizing same-sex marriage in February 2014. However, the legislation didn’t pressure church buildings to conduct marriages of homosexual {couples}. Later, the Scottish Episcopal Church and the Church of Scotland determined to conduct the marriages as properly.
Uruguay
Civil unions of homosexual and lesbian {couples} had been authorized in Uruguay since 2008 they usually obtained adoption rights in 2009. Later in 2013, Uruguay legalized same-sex marriage when the president signed a invoice into legislation.
England and Wales
The British Parliament witnessed fiery debates over a number of months on same-sex marriage. In July 2013, the Parliament gave its approval to a same-sex marriage invoice and the legislation took impact on March 29, 2014.
France
France’s highest court docket threw its weight behind a invoice permitting same-sex marriage and adoptions by same-sex {couples} in May 2013.
Brazil
In Brazil, same-sex civil unions had been acknowledged in 2011 they usually had the identical rights as heterosexual married {couples}, together with adoption and inheritance. In 2013, the nation acknowledged same-sex marriage as authorized nationwide.
Denmark
Denmark was the primary nation on this planet to permit same-sex {couples} the suitable to register as home companions in 1989. The nation additionally allowed registered same-sex {couples} to undertake youngsters in 2010. Later in 2012, Denmark introduced a legislation legalizing same-sex marriage.
Argentina
In 2010, Argentina grew to become the primary nation in Latin America to grant same-sex {couples} the suitable to marry and undertake youngsters.
Iceland
In 2010, Iceland’s Parliament unanimously voted to legalize same-sex marriage. Soon after the invoice was handed, then Prime Minister, Social Democrat Johanna Sigurdardottir, who was the primary brazenly homosexual head of state on this planet, married her long-time accomplice in a single of the primary same-sex marriages within the nation.
Portugal
The Portuguese Parliament handed a invoice legislation permitting same-sex marriage in 2010. The legislation got here into impact in June 2010. However, same-sex {couples} had been granted adoption rights in 2015.
Sweden
Same-sex {couples} obtained adoption rights in 2003. In April 2009, the Swedish Parliament voted to legalize same-sex marriage in each non secular and civil ceremonies.
Norway
In 2009, the legislation permitting same-sex {couples} to marry, undertake youngsters, and endure state-funded synthetic insemination got here into impact. The Lutheran Church of Norway additionally allowed its pastors to conduct same-sex marriages in 2017.
Canada
The Canadian Parliament legalized same-sex marriage nationwide in 2005. Even earlier than this, the nation’s federal authorities prolonged widespread legislation marriage rights to same-sex {couples} in 1999.
Australia
In 2017, Australia’s Parliament handed a invoice legalizing same-sex marriage. Before the invoice was handed, a nationwide referendum was held and 62% of Australians supported marriage equality.
South Africa
In 2006, South Africa’s Parliament voted to permit same-sex marriage. This got here after South Africa’s highest court docket requested the federal government to the authorized definition of marriage to embrace same-sex {couples}.
Spain
The Spanish Parliament legalized same-sex marriage and granted same-sex {couples} inheritance, adoption, and divorce rights in 2005.
Belgium
Though same-sex {couples} in Belgium had been granted recognition by registered partnerships in 1998, the Parliament legalized same-sex marriage in 2003. Three years later, same-sex {couples} obtained the suitable to undertake youngsters.
Netherlands
In 1998, the Netherlands prolonged marriage-related privileges to same-sex {couples}. Two years later in 2000, the parliament handed a invoice that expanded the definition of marriage to embrace individuals of the identical intercourse and likewise grant them adoption rights.
Ecuador
Ecuador’s Constitutional Court legalized same-sex marriage in 2019, saying that the ban was unconstitutional. Marriage equality took impact in Ecuador on July 8, 2019.
Costa Rica
Marriage equality grew to become a actuality in Costa Rica in 2020 after the National Assembly failed to enact a legislation legalizing same-sex marriage as per the instructions of the Supreme Court.
Chile
In 2021, Chile’s president signed into legislation a wedding equality invoice. However, same-sex civil unions have been authorized within the nation since 2015.
Slovenia
On July 8, 2022, the constitutional court docket of Slovenia dominated that the ban on same-sex marriages violated the structure.
Switzerland
On December 16, 2020, the Swiss Parliament handed a invoice extending marriage rights to same-sex {couples}.
Andorra
Legal recognition for same-sex {couples} was granted in 2014.
Estonia
Legal recognition for same-sex {couples} was granted in 2016.
