India's Supreme Court refuses to legalize same-sex marriage

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India’s top court on Tuesday refused to legalize same-sex marriages, passing the responsibility back to Parliament in a ruling that disappointed campaigners for LGBTQ+ rights in the world's most populous country.

Chief Justice DY Chandrachud also urged the government to uphold the rights of the queer community and end discrimination against them.

He added that it was not yet clear if the court had set a mandate or timeline for Parliament to act. “Without that mandate, there is no pressure on Parliament to enact any legislation.” The decision was seen as a historic victory for LGBTQ rights, with one judge saying it would “pave the way for a better future."

Lawyers for the petitioners argued that marriage is between two people, not just a man and woman. They said concepts of marriage have gradually changed with time and laws should acknowledge that.

 

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