Page |1

Cover Letter

Title of the Submission:

"From Taboo to Triumph: A Journey of Same-Sex Marriage Equality"

Name of the Author:

1. Dayanidhi (B.A. LL. B 2021)

Contact No.: 6206649359
Email ID: dayanidhi.ballb@alc.edu.in
Institution – Asian Law College, A Unit Of Asian Education Group

Plot A2, Sector-125, Noida-201303, (Delhi NCR) India

2. Ankita Kundu (B.A. LL.B 2021-26)

Contact No: 9863252771
Email ID: ankita.kundu.ballb@alc.edu.in
Institution- Asian Law College, A Unit of Asian Education Group
Plot A2, Sector – 125, Noida- 201303, (Delhi NCR) India .

This is an original work of both the Authors.

 Page |2

"Beyond Equality: Exploring the Legal, Social, and Personal Implications

of Same-Sex Marriage”

Abstract

The legalization of same-sex marriage has been a highly debated topic with significant legal,
social, and personal implications. This article explores the history of same-sex marriage
rights, including landmark court cases and social movements that have led to legal
recognition of same-sex marriage including the Indian Rig Vedic historic context. The legal
implications of same-sex marriage are discussed, including specific benefits and
responsibilities conferred upon couples who marry, such as tax benefits, inheritance rights,
and access to healthcare. The societal impact of same-sex marriage is analysed, including
changing attitudes towards LGBTQ+ rights, the evolution of traditional gender roles, and the
impact on children raised by same-sex couples. The emotional and psychological
implications of same-sex marriage are also considered, including validation and a sense of
belonging, as well as ongoing challenges faced by LGBTQ+ individuals in a society that can
still be hostile towards them.

Finally, the article examines the future of same-sex marriage rights across the nations
including those countries where this kind of marriage is still illegal, and the prospects for
continued progress and expansion of rights for LGBTQ+ individuals. Furthermore, the article
has tried to explain the current status of Same-sex marriage across the world and India.
Although, this article is helpful to understand the current scenario of same-sex marriage by
their progress, challenges faced, and implications in India through the Supreme Court
decision upon it, seeking future of the same-sex marriage in India, and most importantly
 Page |3

understand from the point of view of international context. This article majorly focuses to
find the solution or some suggestions for the improvement of same-sex marriage conditions.

Keywords: Legalization, Illegal, Inheritance, LGBTQ+ rights, Hostile

1. Introduction

Former United States President Barack Obama says that-

“I believe that marriage is the union between a man and a woman. But I also believe that
we make to sure that everybody is treated fairly in the country we have to make sure that
people are not being singled out for unfair treatment”.

It’s worth noting that President Obama’s sentence on same-sex marriage involved overtime
and he eventually became Evoque file supporter of marriage equality.

In recent years, the debate surrounding same-sex marriage has gained widespread attention
due to its significant legal, social, and personal implications. 1 While same-sex marriage has
become legal in many countries and states, it remains a contentious issue in many parts of the
world. This article aims to provide a comprehensive overview of the various aspects of same-
sex marriage, beginning with a historical perspective on the path toward legal recognition of
same-sex marriage through landmark court cases and social movements. The article will
explore the legal benefits and responsibilities conferred upon same-sex couples who marry,
as well as the societal impact of same-sex marriage on traditional gender roles, attitudes
towards LGBTQ+ rights, and the well-being of children raised by same-sex couples.
Additionally, the article will examine the emotional and psychological implications of same-
sex marriage, including the sense of validation and belonging that marriage can provide, as
well as ongoing challenges faced by LGBTQ+ individuals in a society that can still be hostile
towards them. Finally, the article will consider the future of same-sex marriage rights
1
President’s Inbox podcast, Council for Global Equality’s Julie Dorf discusses the advancement of global
LGBTQ+ rights
 Page |4

globally, including countries where same-sex marriage is still illegal, and the prospects for
continued progress and expansion of rights for LGBTQ+ individuals.

2. The history of same-sex marriage rights: A look at the landmark

court cases, legislative victories, and social movements that paved the
way for legal recognition of same-sex marriage

The history of same-sex marriage rights is a long and complex one, characterized by a series
of landmark court cases, legislative victories, and social movements that have paved the way
for the approval of same-sex marriage2 by the law.

Prior to the 20th century, same-sex marriage was not a subject of public discourse, as it was
widely considered to be taboo and even illegal in many parts of the world. However, in the
20th century, the time is going with lots of changes and growth, the outlook toward
homosexuality began to shift, and same-sex relationships began to be recognized as
legitimate expressions of love and commitment.

The first fight for the rights of same-sex marriage was in 1971 in the case of Baker v.
Nelson3, in which a gay couple in Minnesota sued for the right to marry. The case was
ultimately dismissed by the Supreme Court held ruling that the issue of same-sex marriage
was a matter for the states to decide.

Throughout the 1980s and 1990s, same-sex marriage remained a contentious and divisive
issue in the United States, with some states passing laws explicitly banning same-sex
marriage and others allowing for domestic partnerships or civil unions.

It wasn't until the early 2000s that the tide began to turn in favor of same-sex marriage. The
Massachusetts Supreme Judicial Court declared in 2003 that the state’s constitution
guaranteed same-sex couples the right to wed, making Massachusetts the first state in the
country to legalize same-sex marriage.

2
Ojaswa and Shamrendra Vikram, Same-Sex Marriage: A New Constitutional Paradigm, 4 IJLMH 90, 90-101
(2021)
3
291 Minn. 310, 191 N.W. 2d 185 (1971)
 Page |5

Following the Massachusetts ruling, several other states began to follow suit, including
Connecticut, Iowa, Vermont, and New Hampshire. However, many states continued to resist
the trend toward legalizing same-sex marriage, and the issue remained a deeply divisive one
in American society.

It wasn't until 2013 that the tide really began to turn, with two landmark Supreme Court
decisions establishing the foundation for same-sex marriage’s national legalization. The first
of these decisions was United States v. Windsor4, the Supreme Court struck down a federal
law that defined marriage as a union between a man and a woman.

The second decision was Obergefell v. Hodges5, the Supreme Court ruled that same-sex
couples had the right to marry under the U.S. Constitution, effectively legalizing same-sex
marriage in all 50 states.

Today, same-sex marriage is recognized as a legal right in many parts of the world, including
much of Europe, Canada, Australia, and South Africa. However, there is still significant
opposition to same-sex marriage in many parts of the world, particularly in Africa, Asia, and
the Middle East.

3. What do Indian history and epics say about the same sex?
1) A temple of Khajuraho there is the depiction of erotic scenes involving both
men and women, which scholars believe indicate that homosexuality was
practiced in ancient India.6
2) The Valmiki Ramayana tells the story of Hanuman, Lord Rama’s devoted
and companion who witnesses rapture women kissing and embarrassing each
other.
3) The Ramayana also recounts the tale of a king named Dilip, whose Queens
were instructed by Lord Shiva to make love to each other to conceive a child,
which resulted in the birth of key Bhagirath.
4) The Mahabharata tells the story of a “Sikhandini”, transgender warrior who
was raised as a Prince by her father to seek revenge on the Kurus and who
were bestowed with manhood by divine intervention.

4
570 U.S. 744 (2013)
5
576 U.S. 644 (2015)
6
Ministry of Home Affairs, Census of India, ‘Distribution of Population by Religious’ (2011)
 Page |6

5) According to Matsya Purana, Lord Vishnu took the form of woman name
Mohini to receive the demons during the churning of the Milky Ocean, and
Lord Shiva fell in the love of Mohini resulting in the birth of Lord Ayyappa.
6) The Narada Purana describes unnatural offenses search as non-vaginal
discharge and intercourse with animals which were considered sinful and lead
to punishment.
7) The Manu Smriti famous law code profiles for punishment for homosexual
apps, including a file and which place is for women engaging in lesbian sex
and loss of caste for men having sex with another man.
8) The Kamasutra of Vatsayana Kama composed in the 4th century BC discusses
oral sex homosexuality and, transgender sexual activity, but does not approve
of homosexuality.7
9) The Arthasastra of Kautilya, treaties on politics, mentioned homosexuality as
a social evil that should be punished by the king.

While ancient Indian text, inscription, and temple paintings do not approve the
homosexuality forma they do acknowledge in existence that in era.

4. The legal implications of same-sex marriage: A discussion of the

specific legal benefits and responsibilities conferred upon couples
who marry, including tax benefits, inheritance rights, and access to
healthcare

The legalization of same-sex marriage has significant legal implications for couples, as it
confers a range of legal benefits and responsibilities that were previously unavailable to
same-sex couples.8 Some of the most significant legal implications of same-sex marriage
include:

1. Tax benefits: Married couples can file joint tax returns, which can result in large tax
savings, and are also entitled to a number of other tax benefits. Same-sex couples who are
legally married are now able to take advantage of these tax benefits.

7
Rajiv Malik, ‘Discussion on Dharma’, HINDUISM TODAY, 2004
8
Jennifer Thoms, Common Law Marriage 22 J.AM. ACAD.MATRIM. LAWYERS 151, 153-54 (2009)
 Page |7

2. Inheritance rights: Married couples are entitled to inherit from each other in the absence
of a will, and also have the ability to create a joint will or estate plan. Now that same-sex
marriage is legal, they have the same inheritance rights as opposite-sex unions.
3. Health care benefits: Many firms provide their staff members, and their spouses with
health insurance coverage, but prior to the legalization of same-sex marriage, same-sex
partners were not considered spouses for the purposes of these benefits. Same-sex couples
who are legally married are now able to access these benefits.
4. Parental rights: Same-sex couples who are legally married are both recognized as
parents of any children they have together, regardless of whether one or both partners is
biologically related to the child. This gives them the same parental legal obligations and
rights as spouse of opposite sexes.
5. Immigration benefits: Prior to the legalization of same-sex marriage, it was difficult for
same-sex couples to obtain immigration benefits based on their relationship. Now, same-
sex couples who are legally married are eligible for immigration benefits based on their
marriage, just like opposite-sex couples.

5. The social implications of same-sex marriage: An analysis of the

cultural and societal impact of same-sex marriage, including
changing attitudes toward LGBTQ+ rights, the evolution of
traditional gender roles, and the impact on children raised by same-
sex couples9

The legalization of same-sex marriage has had significant social implications, both in terms
of changing attitudes toward LGBTQ+ rights and the evolution of traditional gender roles.
Here are some of the main social implications of same-sex marriage:

1. Changing attitudes toward LGBTQ+ rights10: The legalization of same-sex marriage

has helped to shift attitudes toward LGBTQ+ rights, particularly among younger
generations. Same-sex marriage has become more widely accepted as a legitimate
expression of love and commitment, and there is now greater social and legal recognition
of the rights of LGBTQ+ people.

9
Rohit Beerapalli, Same-Sex Marriage in India: A Socio-Legal Analysis, 1 IJLDAI 126, 126-135 (2019)
10
https://www.cfr.org/backgrounder/marriage-equality-global-comparisons
 Page |8

2. Evolution of traditional gender roles: The legalization of same-sex marriage has

challenged traditional gender roles and norms, particularly with regard to the roles of men
and women in relationships. Same-sex marriages often do not conform to traditional
gender roles, which can be seen as a step in the right direction towards eradicating gender
stereotypes and fostering greater equality.
3. Impact on children raised by same-sex couples: Studies have demonstrated that kids
raised by same-sex couples are equally content and healthy as kids raised by opposite-sex
parents. The legalization of same-sex marriage has helped to promote greater acceptance
of non-traditional family structures, and has given same-sex couples greater legal
protections when it comes to parenting.
4. Increased visibility of LGBTQ+ people: The legalization of same-sex marriage has
helped to increase the visibility of LGBTQ+ people in society, which can be seen as a
positive step toward greater acceptance and understanding. By making same-sex marriage
legal, society has acknowledged that LGBTQ+ relationships are just as valid and
deserving of respect as opposite-sex relationships.
5. Resistance from conservative and religious groups: Conservative and religious
organisations have also shown a lot of opposition to same-sex marriage because they see
it as a threat to conventional values and practices. Some have suggested that the
acceptance of same-sex unions might result in the disintegration of conventional family
units and the social order.
6. The personal implications of same-sex marriage: Same-sex marriage

offers emotional validation, a sense of belonging, but LGBTQ+

individuals continue to face on-going challenges in a society that can be
hostile toward them
The legalization of same-sex marriage has had significant personal implications for
LGBTQ+ individuals and couples, both in terms of the emotional and psychological
impact of marriage and the ongoing challenges faced by LGBTQ+ individuals in a society
that can still be hostile toward them 11. Here are some of the main personal implications of
same-sex marriage:
a. Validation and sense of belonging: For many LGBTQ+ individuals and
couples, the legalization of same-sex marriage has provided a sense of
validation and belonging that was previously unavailable. Marriage can

11
Prithwiraj Laha, Legal and Social perspective of Same-Sex Marriage in India, 7 JETIR 296, 296-297 (2020)
 Page |9

provide a sense of legitimacy and acceptance, helping LGBTQ+ individuals

feel more secure in their relationships and identities.
b. Improved mental health outcomes: Research has shown that the legalization
of same-sex marriage is associated with improved mental health outcomes for
LGBTQ+ individuals, including reduced rates of depression, anxiety, and
substance abuse. This is likely due in part to the increased sense of validation
and acceptance that comes with marriage.
c. Ongoing challenges and discrimination: Despite the legalization of same-
sex marriage, LGBTQ+ individuals still face ongoing challenges and
discrimination in many areas of their lives, including in the workplace, in
schools, and in their interactions with healthcare providers. These ongoing
challenges can cause stress and anxiety, and can sometimes put strain on
relationships.
d. Greater legal protections: The legalization of same-sex marriage has
provided greater legal protections for LGBTQ+ individuals and couples,
particularly when it comes to parenting and inheritance rights. This can help to
provide greater security and peace of mind for LGBTQ+ individuals and
families.
e. Diversity of experiences: It's important to note that not all LGBTQ+
individuals and couples may feel that marriage is the right choice for them.
Some may feel that traditional marriage does not align with their values or
identities, while others may choose not to marry for personal or political
reasons. It's important to recognize and respect the diversity of experiences
within the LGBTQ+ community.

7. The future of same-sex marriage: An examination of the ongoing

struggle for same-sex marriage rights around the world, including

countries where same-sex marriage is still illegal, and the prospects for
continued progress and expansion of rights for LGBTQ+ individuals

The legalization of same-sex marriage has made significant progress in many parts of the
world, but there is still a long way to go before LGBTQ+ individuals enjoy full legal equality
 P a g e | 10

in all countries.12 Here are some of the key issues and trends surrounding the future of same-
sex marriage:

1. Countries where same-sex marriage is still illegal: As of 2021, same-sex marriage is

legal in around 30 countries, including Canada, the United States, Australia, and most of
Western Europe. However, in many parts of the world, same-sex marriage is still illegal,
and LGBTQ+ individuals face significant discrimination and persecution. In some
countries, homosexuality is punishable by imprisonment, fines, or even death.
2. Global trends toward greater acceptance: Despite the ongoing challenges faced by
LGBTQ+ individuals in many parts of the world, there are also positive signs of progress
and greater acceptance. In recent years, several countries have legalized same-sex
marriage, and public attitudes toward LGBTQ+ rights have shifted in many parts of the
world. This trend toward greater acceptance is likely to continue, particularly as younger
generations become more politically active and vocal.
3. Ongoing legal and political battles: Even in countries where same-sex marriage is legal,
there are ongoing legal and political battles over issues like adoption, discrimination, and
the rights of transgender individuals. In many parts of the world, conservative and
religious groups continue to oppose LGBTQ+ rights, and it may be some time before full
legal equality is achieved.
4. Expansion of rights for LGBTQ+ individuals: Despite the ongoing challenges, there
are also many opportunities for the expansion of rights for LGBTQ+ individuals, both in
countries where same-sex marriage is legal and in those where it is not. Some advocates
are pushing for broader legal recognition of non-traditional relationships, including civil
unions, domestic partnerships, and other legal arrangements that provide greater legal
protections for LGBTQ+ individuals and families.
5. Continued activism and advocacy: Finally, the future of same-sex marriage will depend
largely on the continued activism and advocacy of LGBTQ+ individuals and their allies.
Through public demonstrations, political activism, and legal advocacy, LGBTQ+
individuals and their allies can continue to push for greater legal equality and acceptance
around the world.

8. Describe with pros and cons same-sex marriage

12
Stellina Jolly and Ritika Vohra, Recognition of Foreign Same-Sex Marriage in India, 59 ILI 302, 302-326
(2017)
 P a g e | 11

It is important to note that the decision to legalize same-sex marriage is not solely in the
hands of the Supreme Court. It can also be determined through legislative action or ballot
measures in individual states or countries. However, in the United States, the Supreme Court
played a crucial role in legalizing same-sex marriage nationwide with its landmark decision
in Obergefell v. Hodges13, that being said, if we assume that you are asking about why the
Supreme Court or other legal entities may be hesitant to legalize same-sex marriage, here are
some potential pros and cons to consider:

8.1 Pros:
 Legalizing same-sex marriage can be seen as a victory for LGBTQ+ rights and an
affirmation of the equal dignity and worth of all individuals, regardless of sexual
orientation.
 Legalizing same-sex marriage can have tangible benefits for same-sex couples, such
as access to health insurance, tax benefits, and inheritance rights.
 Legalizing same-sex marriage can help to reduce discrimination and stigma against
LGBTQ+ individuals, as it sends a message that they are valued members of society
who deserve equal treatment under the law.

8.2 Cons:

 Some individuals and groups may oppose same-sex marriage on religious or

moral grounds, arguing that marriage should only be between a man and a
woman.
 Some opponents of same-sex marriage may argue that legalizing it would
undermine the traditional institution of marriage or harm children who are raised
by same-sex couples.
 Some individuals may fear that legalizing same-sex marriage could lead to a
slippery slope of further changes to traditional societal norms and values.
9. "The Current Status of Same-Sex Marriage in India and Around the
World: A Comprehensive Overview"

In India, same-sex marriage is currently not legal. Section 377 of the Indian Penal Code
criminalized homosexuality until it was struck down by the Indian Supreme Court in 2018,
but same-sex marriage is not yet recognized by law. However, there have been some positive
developments in recent years. In 2020, a gay couple in Mumbai became the first same-sex
13
576 U.S. 644 (2015)
 P a g e | 12

couple to register their marriage under the Special Marriage Act 14, which allows people of
different religions or castes to marry. This was seen as a significant step forward, but it
remains to be seen whether this will lead to broader legal recognition of same-sex marriage in
India.

Internationally, same-sex marriage has made significant progress in many parts of the world,
particularly in Western Europe, North America, and some parts of Latin America. As of
2021, same-sex marriage is legal in around 30 countries, including Canada, the United States,
Australia, and much of Western Europe. However, in many parts of the world, same-sex
marriage is still illegal, and LGBTQ+ individuals face significant discrimination and
persecution. In some countries, homosexuality is punishable by imprisonment, fines, or even
death.

Overall, the situation for same-sex marriage varies widely depending on the country and
region. While there have been significant gains in some parts of the world, there is still a long
way to go before full legal equality is achieved for LGBTQ+ individuals everywhere.

10. "The Current Scenario of the Supreme Court on Same-Sex Marriage:

Progress, Challenges, and Implications"

The Supreme Court of India is currently hearing a batch of petitions seeking legal recognition
of same-sex marriages. The petitions were filed in 2018, after the Supreme Court
decriminalized same-sex relations. The petitioners argue that the right to marry is a
fundamental right guaranteed by the Constitution, and that same-sex couples should be
allowed to marry just like heterosexual couples.
The government has opposed the petitions, arguing that marriage is a social institution that is
based on the union of a man and a woman. The government also argues that legalizing same-
sex marriage would be against the religious beliefs of many people.
The Supreme Court has reserved its verdict on the petitions. It is expected to deliver its
judgment in the coming months.
The current scenario of the Supreme Court on same-sex marriage is that it is still undecided
on the issue. The court has heard arguments from both sides of the debate, and it is now
considering its judgment. It is possible that the court will legalize same-sex marriage, but it is
14
R. Venkadesh Kumar and Arulkannappan, A Study on the Legal Recognition of Same-Sex Marriage, 120
IJPAM 2945, 2945-2954 (2018)
 P a g e | 13

also possible that the court will uphold the government's position. The court's decision will
have a significant impact on the lives of LGBTQ+ people in India.
Here are some of the key arguments made by the petitioners in favor of legalizing same-sex
marriage:
 The right to marry is a fundamental right guaranteed by the Constitution.
 Same-sex couples are just as capable of forming loving and stable relationships as
heterosexual couples.
 Legalizing same-sex marriage would help to end discrimination against LGBTQ+
people.
 Legalizing same-sex marriage would be in line with the trend of other countries
around the world that have legalized same-sex marriage.
Here are some of the key arguments made by the government against legalizing same-sex
marriage:
 Marriage is a social institution that is based on the union of a man and a woman.
 Legalizing same-sex marriage would be against the religious beliefs of many people.
 Legalizing same-sex marriage would undermine the traditional family structure.
The Supreme Court's decision on same-sex marriage is a significant event in the history of
LGBTQ+ rights in India. The court's decision will have a major impact on the lives of
LGBTQ+ people in India, and it will be a test of the country's commitment to equality and
non-discrimination.
11. The experiences of LGBTQ+ people in India, both before and after the
decriminalization of same-sex relations
The experiences of LGBTQ+ people in India have been shaped by the country's history of
criminalization. Section 377 of the Indian Penal Code, which criminalized same-sex relations,
was in effect for over 150 years. This law led to widespread discrimination and violence
against LGBTQ+ people. They were often forced to hide their identities and live in fear of
being arrested or attacked.
The decriminalization of same-sex relations in 2018 was a major step forward for LGBTQ+
rights in India. However, despite this progress, LGBTQ+ people continue to face
discrimination and violence. They are often denied jobs, housing, and education. They may
also be disowned by their families and communities.
 P a g e | 14

Despite the challenges they face, LGBTQ+ people in India are fighting for their rights. They
are working to raise awareness about LGBTQ+ issues and to challenge discrimination. They
are also building supportive communities where they can be themselves.
Here are some of the experiences of LGBTQ+ people in India, both before and after the
decriminalization of same-sex relations:
 Before the decriminalization of same-sex relations, LGBTQ+ people lived in fear of
being arrested or attacked. They were often forced to hide their identities and live in
the closet. This led to isolation, depression, and anxiety.
 After the decriminalization of same-sex relations, LGBTQ+ people began to come out
of the closet in larger numbers. They started to form supportive communities and to
advocate for their rights. However, they still face discrimination and violence.
 LGBTQ+ people in India are working to raise awareness about LGBTQ+ issues and
to challenge discrimination. They are also building supportive communities where
they can be themselves.
The experiences of LGBTQ+ people in India are diverse and complex. However, they all
share a common goal: to live their lives freely and openly, without fear of discrimination or
violence.

12. The Future of Same-Sex Marriage in India

Same-sex marriage is a hotly debated topic in India. In 2018, the Supreme Court
decriminalized same-sex relations, but it did not legalize same-sex marriage. This means that
same-sex couples in India cannot legally marry.
There are a number of reasons why same-sex marriage is not yet legal in India. One reason is
that there is still a lot of prejudice and discrimination against LGBTQ+ people in India.
Another reason is that the Indian government is reluctant to change the law, as it is worried
about the backlash from conservative groups.
However, there is also a growing movement in India to legalize same-sex marriage. A
number of organizations are working to raise awareness about the issue and to lobby the
government to change the law. There has also been a number of high-profile cases in recent
years, in which same-sex couples have challenged the government's ban on same-sex
marriage15.

15
Nilisha Kumari, Status of Same-Sex Marriages in India, 1 lj 1, 1-16 (2021)
 P a g e | 15

The future of same-sex marriage in India is uncertain. It is possible that the Supreme Court
will legalize same-sex marriage in the coming months. However, it is also possible that the
government will continue to resist calls for change. Only time will tell what the future holds
for same-sex marriage in India.
The Possibility of the Supreme Court Legalizing Same-Sex Marriage in the Coming Months
The Supreme Court of India is currently hearing a batch of petitions seeking legal recognition
of same-sex marriages. The petitions were filed in 2018, after the Supreme Court
decriminalized same-sex relations. The petitioners argue that the right to marry is a
fundamental right guaranteed by the Constitution, and that same-sex couples should be
allowed to marry just like heterosexual couples.
The government has opposed the petitions, arguing that marriage is a social institution that is
based on the union of a man and a woman. The government also argues that legalizing same-
sex marriage would be against the religious beliefs of many people.
The Supreme Court has reserved its verdict on the petitions. It is expected to deliver its
judgment in the coming months.

There is a possibility that the Supreme Court will legalize same-sex marriage. The court has
heard arguments from both sides of the debate, and it is now considering its judgment. It is
possible that the court will rule in favor of the petitioners and legalize same-sex marriage.
However, it is also possible that the court will uphold the government's position and deny the
petitions.

The Supreme Court's decision on same-sex marriage will have a significant impact on the
lives of LGBTQ+ people in India. If the court legalizes same-sex marriage, it will be a major
step forward for LGBTQ+ rights in India. It will allow same-sex couples to marry and enjoy
the same legal rights and benefits as heterosexual couples. It will also send a message to the
world that India is a tolerant and inclusive country.
However, if the court denies the petitions, it will be a setback for LGBTQ+ rights in India. It
will continue to stigmatize and marginalize LGBTQ+ people. It will also send a message to
the world that India is not a tolerant and inclusive country.
The Supreme Court's decision on same-sex marriage is a matter of great importance for
LGBTQ+ people in India. The court's decision will have a significant impact on the lives of
LGBTQ+ people in India. It is important to stay informed about the case and to support the
petitioners.
 P a g e | 16

13.The International context of same-sex marriage, including the countries

that have legalized same-sex marriage and the countries that have not

In recent years, there has been significant progress in the recognition and legalization of
same-sex marriage around the world. However, the global landscape remains diverse, with
some countries embracing marriage equality while others continue to uphold traditional
definitions of marriage.16 Let's explore the international context of same-sex marriage by
examining the countries that have legalized it and those that have not.
Countries that have legalized same-sex marriage:
1. Netherlands (2001): The Netherlands became the first country to legalize same-sex
marriage, setting a ground breaking precedent for others to follow.
2. Belgium (2003): Belgium quickly followed suit, granting marriage equality to same-
sex couples and allowing them the same legal rights and responsibilities as
heterosexual couples.
3. Canada (2005): Canada became the first non-European country to legalize same-sex
marriage, ensuring equal rights for all couples nationwide.
4. Spain (2005): Spain joined the growing list of countries legalizing same-sex
marriage, further advancing LGBTQ+ rights within its borders.
5. South Africa (2006): South Africa became the first African nation and the fifth
country worldwide to recognize same-sex marriage, highlighting progress on the
continent.
6. Norway (2009): Norway extended marriage equality to same-sex couples, affirming
their right to marry and enjoy equal legal protections.
7. Sweden (2009): Sweden further advanced LGBTQ+ rights by legalizing same-sex
marriage, emphasizing the country's commitment to equality and inclusivity.
8. Argentina (2010): Argentina became the first Latin American country to legalize
same-sex marriage, marking a significant milestone for the region.

16
Deepali M. Babar, Assistant Professor, Homosexuality and Same-Sex Marriage: Need for Legislation, 7
PENACC 1, 1- 6 (2019)
 P a g e | 17

9. Iceland (2010): Iceland recognized same-sex marriage, reinforcing its reputation as a

progressive nation in terms of LGBTQ+ rights.
10. Portugal (2010): Portugal joined the ranks of countries granting marriage equality,
promoting inclusivity and non-discrimination.
11. Denmark (2012): Denmark, a pioneer in LGBTQ+ rights, legalized same-sex
marriage, reinforcing its long-standing commitment to equality.
12. Uruguay (2013): Uruguay became the first country in Latin America to pass
legislation fully recognizing same-sex marriage, solidifying its position as a
progressive nation.
13. New Zealand (2013): New Zealand enacted marriage equality, ensuring that same-
sex couples enjoy the same rights and recognition as opposite-sex couples.
14. France (2013): France legalized same-sex marriage after a series of debates and
protests, making it the ninth European country to do so.
15. Brazil (2013): Brazil's National Council of Justice issued a ruling legalizing same-sex
marriage, extending equal rights to LGBTQ+ couples nationwide.
16. United Kingdom (2014): England, Scotland, and Wales legalized same-sex marriage,
granting equal rights and protections to LGBTQ+ couples across the UK.
17. Luxembourg (2014): Luxembourg, a small European nation, embraced marriage
equality, affirming its commitment to equal rights for all citizens.
18. Finland (2017): Finland legalized same-sex marriage after a lengthy legislative
process, marking a significant milestone for LGBTQ+ rights in the country.
19. Australia (2017): Australia held a national postal survey on marriage equality, with
an overwhelming majority voting in favor. Subsequently, same-sex marriage was
legalized.
20. Taiwan (2019): Taiwan became the first Asian country to legalize same-sex
marriage, demonstrating progress and inclusivity in the region.
These countries have recognized the importance of marriage equality and have taken steps to
ensure that same-sex couples have the same rights and protections as their heterosexual
counterparts.
Countries that have not legalized same-sex marriage:
While progress has been made globally, there are still countries where same-sex marriage
remains illegal, often due to cultural, religious, or political reasons. Some of these countries
include:
1. Russia
 P a g e | 18

2. China
3. India
4. Singapore
5. Indonesia

14. Suggestions for improving the condition of same-sex marriage:

 Legalization: First and foremost, same-sex marriage should be legalized. Everyone
should be able to wed the person they love, regardless of their sexual orientation.

 Education: Education is a key to promoting acceptance and understanding of same-

sex marriage. Schools and communities should work to promote inclusivity and
acceptance of all individuals, regardless of their sexual orientation.

 Support: The same social and legal assistance should be given to same-sex couples
as it is to opposite-sex couples. This includes access to legal benefits, such as tax
breaks and inheritance rights, as well as social support through counselling and other
services.

 Advocacy: Advocacy groups should continue to work to promote same-sex marriage

and protect the rights of same-sex couples. This includes lobbying for legal changes
and working to change public opinion through education and awareness campaigns.

 Inclusion: Same-sex couples should be included in all aspects of society, including

religious institutions. This will help promote acceptance and understanding of same-
sex marriage and create a more inclusive society.

15. Conclusion

In conclusion, the issue of same-sex marriage remains a complex and evolving topic in India
and around the world. Although there have been significant legal and social gains for
LGBTQ+ rights in certain countries, including the legalization of same-sex marriage, there is
still much progress to be made before full legal equality is achieved globally. The recent
developments in India, such as the registration of same-sex marriage under the Special
Marriage Act, provide a glimmer of hope for progress, but there are still numerous obstacles
and challenges to overcome. Ultimately, achieving LGBTQ+ rights and the recognition of
same-sex marriage will necessitate continued activism, advocacy, and legal action by
individuals and groups worldwide. It is crucial to prioritize education, support, and inclusion,
 P a g e | 19

as well as the legalization of same-sex marriage, to promote acceptance and understanding of

all individuals, regardless of their sexual orientation, and to create a more inclusive society.
Therefore, we discuss the opinion and current scenario going upon it by the Supreme Court.
Although, suggest some improvement in the conditions of same-sex marriage.

References

1. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8101749/
2. https://www.jstor.org/stable/23408736
3. https://www.coe.int/fi/web/commissioner/-/access-to-registered-same-sex-
partnerships-it-s-a-question-of-equality
4. https://guides-lawlibrary.colorado.edu/c.php?g=761116&p=5494738
5. https://m.timesofindia.com/india/nod-to-same-sex-marriage-will-ruin-special-
marriage-acts-intent-govt-to-supreme-court/articleshow/99796886.cms
6. https://indianexpress.com/article/explained/supreme-court-sc-same-sex-marriage-
hearing-live-updates-8572559/
7. https://www.livelaw.in/top-stories/same-sex-marriage-supreme-court-marriage-
equality-constitution-bench-cji-dy-chandrachud-227203
8. https://www.cfr.org/backgrounder/marriage-equality-global-comparisons
9. https://www.pewresearch.org/religion/fact-sheet/gay-marriage-around-the-world/
10. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4294225/
11. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4431106/