India's Supreme Court refuses to legalize same-sex marriage, says it is up to Parliament

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India’s top court has refused to legalize same-sex marriages, with the chief justice of the country saying that it was up to Parliament to create such a law.

LGBTQ community supporters and members wait for the Supreme Court verdict on petitions that seek the legalization of same-sex marriage, in New Delhi, India, Tuesday, Oct. 17, 2023. Homosexuality has long carried a stigma in Indias traditional society, even though there has been a shift in attitudes toward same-sex couples in recent years.

The five-judge bench earlier this year heard 20 petitions that sought to legalize same-sex marriage in the world’s most populous country. “This court can’t make law. It can only interpret it and give effect to it,” the chief justice said, reiterating that it was up to Parliament to decide whether it could expand marriage laws to include queer unions.

Tuesday's judgment comes after the top court in 2018 struck down a colonial-era law that had made gay sex punishable by up to 10 years in prison and expanded constitutional rights for the gay community.

 

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