Same Sex Marriage: On Tuesday, the Supreme Court stated orally that there is no universal definition of a man or a woman and that the issue wasn’t “what your genitals are.” The Supreme Court made the comments as it heard a number of petitions seeking to legalise same-sex unions. “It is not relevant to ask what your genitalia look like. The argument is that it is far more complex. Thus, even if the Special Marriage Act refers to a man and a woman, this does not mean that the definition of a man and a woman is solely dependent on genitalia, the bench, which also included Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, declared.
These issues could not be decided by the Supreme Court
The court will continue hearing the pleas on Wednesday. The government argued that these issues could not be decided by the Supreme Court and that the bench should instead consider the maintainability of the case as the preliminary issue. The petitioners, through “nodal counsel” Advocate Arundhati Katju, submitted a note on the issues and requests in their petitions.
Some Indian residents asked Guidance on how to register their union
The Supreme Court has 20 petitions and many intervention requests from individuals, groups, and governmental bodies scheduled for hearing. Activists fighting to preserve the rights to equality, privacy, and dignity, as well as same-sex couples seeking validation and legal acknowledgment of their relationship, have both filed the petitions currently on the list. In accordance with the Special Marriage Act, the Hindu Marriage Act, the Muslim Marriage Act, the Parsi Marriage Act, and other personal laws, some Indian residents who are in a relationship have asked for guidance on how to register their union as legally genuine.
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LGBTQI couples receive the same rights as heterosexual married couples
Some of these petitions also asked the Supreme Court to order that LGBTQI couples receive the same rights as heterosexual married couples, including the ability to inherit each other’s property, recognition of their status as a “spouse” under financial and other laws, and the ability to adopt or have children through surrogacy, among other things. At least five petitioners have argued that the Special Marriage Act’s and Foreigners Marriage Acts’ mandatory “notice and objections” provisions could seriously endanger the safety and lives of couples, especially given the social stigma associated with such relationships.
The petitioners’ major concerns
- Do LGBTQ people have the freedom to wed the person they choose? Denying marriage equality would be a violation of the rights to life, liberty, the pursuit of happiness, respect for human rights, and autonomy.
- Can the government deny LGBTQ people their right to equality and equal legal protection solely on the basis of their sexual orientation?
- Do the provisions of the Hindu Marriage Act, the Special Marriage Act, and other personal laws permit same-sex marriage? Can the provisions be interpreted so that “spouse” may be used in place of “husband” or “wife”?
- Does the Special Marriage Act’s prohibition against marriage between LGBTQ couples undermine the SMA’s goal of facilitating marriage between two people regardless of caste, creed, or religion?
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