New Delhi: The Supreme Court’s judgement on same-sex marriage today dealt a blow to the LGBTQ community. The court did not legalise marriage equality. However, it emphasised that an individual’s ability to engage in a union cannot be denied based on sexual orientation. The five-judge constitution bench headed by Chief Justice DY Chandrachud, Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narishma came up with four judgments, differing primarily on the question of adoption rights for queer couples.
The judges asked the centre to proceed with the formation of a committee to address practical concerns of same-sex couples, such as getting ration cards, pension, gratuity and succession issues.
According to the Human Rights Campaign’s report titled ‘Marriage Equality Around The World,’ there are currently 34 countries where same-sex marriage is legal: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America and Uruguay.
Estonia’s parliament passed on June 20, 2023, a law legalizing same-sex marriage that will come into effect January 1, 2024.
Twenty-three countries have legalised same-sex marriage nationally through legislation – Australia, Ireland and Switzerland legalised same-sex marriage through legislation only after nationwide votes.
Ten countries have legalised same-sex marriage nationally through court decisions — Austria, Brazil, Colombia, Costa Rica, Ecuador, Mexico, Slovenia (followed by national legislation), South Africa, Taiwan and the United States of America.
Two countries, South Africa and Taiwan, enacted legislation legalising same-sex marriage after courts mandated them to do so.
The report also says that India is among the countries to watch for marriage equality in 2023. The other countries are:
- Czech Republic
- Japan
- Philippines
- Thailand
