The denial of same-sex marriages violates a basic right

Source: The post is based on the article “The denial of same-sex marriages violates a basic right” published in the Live Mint on 16th March 2023.

Syllabus: GS – 2: Mechanisms, laws, institutions and Bodies constituted for the protection and betterment of these vulnerable sections.

Relevance: About legalization of same-sex marriages.

News: The US Supreme Court decided to overturn bans on same-sex marriage in 13 states in 2015. With petitions seeking the legalization of same-sex marriages in India, it is time for the Indian Supreme Court to do the same.

About the case and Centre’s affidavit on same-sex marriages

Must read: Same-sex marriages can rock societal values: Centre

What are the issues in the centre’s affidavit on legalising same-sex marriages?

The centre’s view that the legislature has the right to define who can be considered married is a denial of Indian diversity. The government cannot take the responsibility to “regulate or prohibit” human relations.

Read here: About legalising same-sex marriages: Inaction and intervention: On the handling of social issues

According to a judge, Marriage matters because it is a “keystone of our social order.” India’s ethos and traditions defining acceptable behaviour should aid in the legalization of same-sex marriages.

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