Petitioners argued that the court’s earlier verdict forced LGBTQIA+ individuals to live closeted and dishonest lives.
Supreme Court Verdict on Same Sex Marriage latest News: The Supreme Court of India on Thursday dismissed review petitions challenging its landmark 2023 decision, which refused to grant legal recognition to same-sex marriages. The court maintained that there was no error in its previous judgment, reaffirming its stance against legal sanction for same-sex unions.
In its ruling, the bench noted, “There is no error apparent on the face of the record,” emphasizing that the original judgment was in accordance with the law. Consequently, the court declined to reconsider the petitions, effectively ending hopes of legal recognition for same-sex marriages through judicial intervention.
A five-judge bench, including Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta, reviewed the pleas in chambers without holding an open-court hearing. This followed a reconstitution of the bench due to retirements of key judges, including Justices SK Kaul and S Ravindra Bhat.
Petitioners argued that the court’s earlier verdict forced LGBTQIA+ individuals to live closeted and dishonest lives. Despite these contentions, the review pleas were dismissed.
Background: The 2023 Verdict
In October 2023, a Constitution bench led by then-Chief Justice of India DY Chandrachud delivered a 3-2 verdict rejecting legal recognition for same-sex marriages. The court also declined to allow civil unions for same-sex couples, with the majority judgment citing Parliament as the appropriate forum to legislate on the issue.
Justice Bhat authored the majority opinion, emphasizing the legislative domain’s primacy in addressing same-sex marriage. Meanwhile, Chief Justice Chandrachud and Justice Kaul, in their minority judgment, supported extending civil union rights to same-sex couples.
The refusal to grant civil unions, which would have provided same-sex couples with rights akin to those of married couples, was particularly disheartening for LGBTQIA+ activists and allies.
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