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How the US has reacted to Supreme Court's ruling on same-sex marriages in India
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How the US has reacted to Supreme Court's ruling on same-sex marriages in India

FP Explainers • October 20, 2023, 14:48:09 IST
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The US has urged India to strive towards providing equal legal protection to same-sex couples and is ‘closely monitoring follow-up steps’ from the Indian government after the country’s Supreme Court declined to legalise homosexual marriages

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How the US has reacted to Supreme Court's ruling on same-sex marriages in India

It is now up to Parliament to make a decision on the question of same-sex marriage. The long-awaited Supreme Court ruling brought disappointment to members and allies of India’s LGBTQ community. However, there was a silver lining as the New Delhi court agreed to the government’s proposal to establish a dedicated committee to explore expanding social and legal rights for same-sex couples, as per a DW report.

As the LGBTQ community turns its attention toward Parliament, the United States has expressed its support and encouragement for India to take steps toward providing equal legal protection for same-sex couples.

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This is what the US had to say.

The United States encouraged India to work towards offering equal legal protection to same-sex couples and was “closely monitoring follow-up steps” from the Indian government after the country’s Supreme Court declined to legalise same-sex marriage, the US State Department said on Thursday.

Supreme Court on Tuesday declined to legalise same-sex marriage and left it to P arliament to decide, agreeing with Prime Minister Narendra Modi’s government that the legislature is the right forum to rule on the issue.

**Also Read: Supreme Court says no to same-sex marriage or civil unions: How are they different?**

The unanimous order by a five-judge bench came as a huge disappointment to the large LGBTQ community in the world’s most populous country, five years after the court scrapped a colonial-era ban on gay sex.

“The United States supports marriage equality globally,” a US State Department spokesperson said. “We are closely monitoring follow-up steps from the government and reactions from civil society on this issue following the court’s ruling.”

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Supreme Court on Tuesday declined to legalise same-sex marriage and left it to parliament to decide. Reuters

Bharatiya Janata Party (BJP) government had opposed petitions to the court on the issue, saying same-sex marriage is not “comparable with the Indian family unit concept of a husband, a wife and children.”

“We will continue to voice our support for marriage equality and protections for LGBTQI+ persons against discrimination and encourage the Indian government to take the necessary steps to offer equal legal protection to same-sex couples,” the State Department spokesperson said.

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**Also Read: Why the Supreme Court did not legalise same-sex marriage in India: The big takeaways**

Chief Justice of India, DY Chandrachud, said on Tuesday the Supreme Court “cannot make law. It can only interpret it and give effect to it.”

Asia, a continent where conservative values still dominate society in many nations, largely lags behind the West in accepting same-sex marriage.

The US State Department said it regularly engages with the Indian government on human rights concerns, including over LGBT rights.

State Department reports have previously raised concerns over treatment of religious minorities, journalists and dissidents in India. New Delhi denies that such discrimination exists.

With inputs from Reuters

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