Supreme Court Refuses To Reconsider Order Rejecting Legality To Same-Sex Marriage

New Delhi: The Supreme Court on Thursday refused to entertain review petitions challenging its earlier decision rejecting legal recognition to same-sex marriages in India.

In October 2023, a Constitution bench headed by then-Chief Justice of India (CJI) DY Chandrachud, in a 3-2 verdict ruled that there was no constitutional basis to grant legal sanction to same-sex unions. The top court also declined to allow civil unions for same-sex couples, a verdict that disappointed LGBTQIA+ activists and allies, and sparked nationwide debate.

A new five-judge bench of the Supreme Court – comprising Justices BR Gavai, Surya Kant, B V Nagarathna, PS Narasimha and Dipankar Datta — considered review pleas on the 2023 ruling in the chambers, declining requests for a hearing in open court.

In Thursday’s ruling, the Supreme Court said that there was “no error apparent on the face of the record” in its earlier judgment. The bench was satisfied that views expressed in the 2023 verdict were in accordance with the law and required no further interference.

Hence, all review petitions seeking a reconsideration of the earlier decision were dismissed.

The petitioners had argued that the Supreme Court verdict compelled gay couples to remain in the closet and lead dishonest lives.