This article covers “Daily Current Affairs,” and the Topic details “Same-Sex Marriage Verdict.” This Topic has relevance in the “Polity and Governance” section of the UPSC CSE exam. In this verdict, same-sex weddings were not legally sanctioned by a Supreme Court Constitution Bench led by Chief Justice of India (CJI) D Y Chandrachud. This article was written by Gaurav Nikumbh and verified by our qualified mentor Dr. Bijendra Kumar Jha.
- Majority View (Justice Bhat)
- Concurred with the CJI. SMA’s provisions and objectives intend civil marriage for heterosexual couples from different faiths, excluding same-sex couples.
- Queer Couples’ Right to Adopt a Child
- Petitioners argued that Central Adoption Resource Authority (CARA) guidelines prohibiting unmarried couples from joint adoption discriminate against queer couples.
- Minority View (CJI)
- Struck down specific CARA regulations, asserting they don’t exclude unmarried couples from adopting.
- Believed that the exclusion of same-sex couples reinforces disadvantages faced by the queer community and shouldn’t be based on individuals’ sexuality.
- Majority View
- Acknowledged discrimination against queer couples in adoption.
- Agreed that marital status doesn’t make someone morally superior or a better parent.
- Noted that legislative changes should be addressed by the parliament and executive, as protections and entitlements often stem from marriage in various laws.
- Civil Unions for Queer Couples
- There was ongoing debate over recognising civil unions for LGBTQ+ couples as an interim measure.
- Several US states allowed civil unions before full marriage rights were granted by the US Supreme Court.
- Petitioners argued that civil unions are not a sufficient alternative to marriage and could convey inequality.
- Minority View (CJI)
- Linked the right to form intimate relationships with freedom of speech and expression.
- Advocated for recognizing a range of entitlements from such relationships.
- Mentioned forming a committee to determine rights for queer couples in unions.
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