Supreme Court of India refuses to legalize same-sex marriage

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The Supreme Court of India ruled this week that it was not within its scope to legalize same-sex marriages.

India's highest court refuses to legalize same-sex marriage, claiming it is not their responsibility. The Supreme Court of India declined to pass a ruling on the issue, arguing that it was beyond their scope and needed to be taken to Parliament. 'This court can’t make law. It can only interpret it and give effect to it,' Chief Justice Dhananjaya Chandrachud said.

Same-sex marriage remains a contentious issue in Indian politics, where conservative social norms clash with international progressive movements. The court's decline leaves activists largely out of options — both the legislative and executive branches of the Indian government are functionally opposed to same-sex marriage. 'Today the court has reaffirmed that queer citizens will be relegated to an unsympathetic legislature and an apathetic executive.

The five justices of the court were intensely divided on the issue, and four separate legal opinions were prepared, according to reports. Prime Minister Narendra Modi's Bharatiya Janata Party has vocally opposed same-sex marriage in India. The government has previously stated that gay marriage is not 'comparable with the Indian family unit concept of a husband, a wife and children.

 

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