Gay couples moves to Supreme Court seeking recognition of same-sex marriage

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A gay couple has petitioned the Supreme Court for legal recognition of their same-sex union under the Special Marriage Act and for the court to issue the proper instructions to the relevant authorities so that they may legally wed.

The lack of a legal framework allowing members of the LGBTQ+ community to wed anyone of their choosing was brought up in the petition.

In their petition, the pair demanded protection for LGBTQ+ people’s fundamental right to marry anyone they want, arguing that this right “the exercise of which ought to be insulated from the disdain of legislative and popular majorities.”

The petitioners additionally argued that they had a basic right to wed one another and asked this Court for the proper instructions to enable them to do so.

The petitioners brought the Public Interest Litigation on behalf of the LGBTQ+ community under Article 32 of the Indian Constitution.

The petitioners, who are both LGBTQ+ individuals, claimed that the right to associate with as many people as one wishes is a basic freedom guaranteed to every “person” by the Indian Constitution and has been expressly acknowledged by this Court.

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They emphasised that the Supreme Court has explicitly ruled that LGBTQ+ people possess the same fundamental, constitutional, and human rights as other citizens.

Members of the LGBTQ+ community cannot now marry the partner of their choice and exercise the fundamental right that has been promised to them by our Constitution due to the legal framework that governs the institution of marriage in this nation.

The petitioners contend that this violates Articles 14, 15, 19(1)(a), and 21 of the Constitution’s Part III, which guarantees certain fundamental rights.

The petitioners have filed this document to affirm their right to choose any individual of their choosing, regardless of gender identity and sexual orientation, on behalf of themselves and all other members of the LGTBQ+ community.

The petitioners claimed that although they have been in a relationship and have been in love with one another for the past seventeen years and are currently raising two children together, they are unable to have a legal parent-child relationship with both of their children due to the fact that they cannot legally get married.

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Gay couplesSame-sex MarriageSupreme Court