'I Do': Will India become the next country to approve of same-sex marriages?

Will gay couples in India finally get the chance to say ‘I Do’? A five-judge Constitution bench of the Supreme Court will hear a batch of petitions seeking legal recognition for same-sex marriage on Tuesday. Chief Justice of India (CJI) D Y Chandrachud and Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and P S Narasimha will begin hearing arguments from more than three dozen petitioners on both sides, including the Centre, two state governments, various religious and social organisations, and individual litigants. While same sex couples and LGBTQ+ activists hope for a judgment in their favour, the government and religious leaders strongly oppose same sex union. Earlier, on Monday, the Centre opposing the plea had submitted to the top court that courts cannot create or recognise any institution called “marriage”. In their submission, the government said that only the legislature can give legal sanctity to the institution of marriage and what had been presented to the court on the subject be petitioners is a “mere urban elitist view” and the “the competent legislature will have to take into account broader views” of various sections. The government said that “though India is a country of several divergent religions, castes, sub-castes and schools of religions, the personal laws and customs all recognise only marriage amongst heterosexual persons”. The institution of marriage is “necessarily a social concept and a sanctity to it is attached under the respective governing laws and customs as it is given sanctity by law on the basis of social acceptance”, it said. While India debates the matter, US-based Human Rights Campaign said there are currently 32 countries where same-sex marriage is legal. Let’s take a look. Also read: Why India’s first openly gay advocate Saurabh Kirpal has not yet been appointed HC judge Countries where same-sex marriages are legal Netherlands According to USA Today, Netherlands was the first country to legalise same-sex marriage. Many of the rights associated with marriage that were formerly reserved for heterosexual couples were expanded to same-sex couples in 1998. Later, in December 2000, legislation that broadened the definition of marriage to include people of the same sex passed against objections from the nation’s Christian Democratic Party. Same-sex partners were now able to be married, get divorced, and have kids. Four same-sex marriages finally took place on 1 April 2001, and 382 more followed later that month. United States The US Supreme Court recognised gay marriage in 2015, stating that restricting marriage to just heterosexual couples violates the 14th Amendment’s guarantee of equal protection under the law. This came after 36 States had already legalised same-sex marriage. The top court, in June 2015 finally guaranteed the right at the federal level. As a result of a decision made by the state’s Supreme Court in 2003, Massachusetts became the first state in the US to legalise same-sex unions. Taiwan Taiwan, a country regarded as a hub for LGBTQ life, legalised gay marriage in 2019. People  from all around Asia visit Taiwan for the yearly pride march. According to a 2017 Constitutional Court ruling, Taiwan’s definition of marriage needs to be revised to include same-sex couples. Taiwan became the first nation in Asia to legalise same-sex marriage when the legislature passed a bill on 17 May 2019, as per Indian Express. Yet according to the law, each partner must originate from a country where same-sex unions are accepted as lawful. Australia A measure legalising same-sex marriage was approved by the Australian Parliament on 7 December 2017, three weeks after a national referendum revealed that 62 per cent of Australians favoured marriage equality. Churches are not obliged to officiate the nuptials, but employees of businesses that provide services, such bakeries and florists, will be in violation of the law if they refuse to serve same-sex couples. Ireland Ireland became the first nation to legalise same-sex marriage through a popular vote after 62 per cent of Irish voters (1.2 million people) voted in support of changing the definition of marriage to include gender-neutral terms. Argentina Argentina became the first nation in Latin America to legalise same-sex unions after the Senate there narrowly approved the measure on 22 July 2010, following hours of discussion. The bill also made it possible to adopt kids. The law was fiercely opposed by the Catholic and evangelical Protestant churches. Canada Although though the Canadian federal government granted same-sex couples common law marriage privileges in 1999, it wasn’t until 2005 that the Canadian Parliament made same-sex marriage legal across the country. In 2006, the Canadian Parliament rejected a Conservative Party move to reopen the discussion. Also read: What are Tokyo’s same-sex partnership certificates? How will they benefit couples? Germany A majority of voters approved legislation that legalised same-sex marriage a few days after German Chancellor Angela Merkel changed her mind about supporting the measure. A poll by Germany’s anti-discrimination agency found that 83 per cent of Germans supported making same-sex marriage legal, despite Merkel’s continued vocal opposition. Several other countries including Costa Rica and Switzerland have also legalised same-sex marriages. New Zealand On 17 April 2013, New Zealand passed the Marriage Act of 1955 Amendment Act, which upgraded the definition of marriage to “the union of two people, regardless of their sex, sexual orientation, or gender identity.” Amendments to other bills like an adoption rights bill, to guarantee that same-sex couples would have the same rights as heterosexual couples, were also made. August of that year saw the modifications come into force. Austria Although civil partnerships for gay and lesbian couples were permitted in Austria as of 2010, a 2017 court decision ruled that they were discriminatory. According to the court’s decision, same-sex marriage will be legal starting on January 1st, 2019, unless the country passes legislation outlawing it. That day, the first same-sex union took place shortly after midnight. [caption id=“attachment_12288282” align=“alignnone” width=“640”] Drag entertainer DeeDee speaks during a news conference held by the Human Rights Campaign to draw attention to anti-drag bills in the Tennessee legislature. AP[/caption] Malta September 2017 saw the legalisation of same-sex marriage in Malta, a tiny Catholic republic that was the first in Europe to outlaw gay conversion therapy. Following the introduction of gender-neutral wording in revisions to the country’s Marriage Act, Malta also gave adoption rights to same-sex couples. Finland A public petition with more than 160,000 signatures served as the basis for Finland’s same-sex marriage legalisation law, which the parliament adopted in 2014. The legislation was approved by the Finnish president in 2015, but it didn’t come into force until March 2017. Notably, Finland was the last Nordic nation to legalise same sex marriages. Colombia Colombia allowed same-sex marriage in April 2016 after a court decision saying that such marriages are not against the law. Earlier, court battles against equal rights had resulted in legal ambiguities and officials refusing to register same-sex weddings. Greenland Greenland, a sovereign nation inside the Kingdom of Denmark, was exempt from Denmark’s 2012 change to its marriage laws. On 26 May 2015, the Inatsisartut, the nation’s legislature, passed a resolution to allow same-sex marriages. The law, which also permitted for adoption rights, became effective on 1 October 2015. Luxembourg A bill allowing same-sex couples to marry and adopt children was approved by Luxembourg’s House of Deputies on 18 June 2014, marking the first significant revision to the nation’s marriage laws since 1804. The law came into force on 1 January 2015. Taking benefit of the laws he helped advance, Luxembourg’s first openly gay prime minister, Xavier Bettel, wed his partner the same year. Scotland According to News18, in February 2014, over objections from the Church of Scotland and the Roman Catholic Church, the Scottish Parliament approved legislation allowing same-sex unions. Yet, the law did not compel churches to perform gay marriages. Subsequently, it was determined that the marriages will also be performed by the Scottish Episcopal Church and the Church of Scotland. Also read: Prevention of child marriage: Breaking inter-generational gender exclusion Uruguay, Chile and Slovenia Despite not taking effect until 5 August of that year, Uruguay became the second nation in Latin America to allow same-sex unions when the president signed a measure into law on 3 May 2013. Since 2008, gay and lesbian couples have been able to enter into civil unions, and adoption rights were made available in 2009. According to Human Rights Campaign, the marriage equality bill in Chile was approved by the Senate in December 2021. While on 8 July 2022, the Slovenian Constitutional Court ruled that the prohibition on same-sex unions was unconstitutional. Other South American countries like Ecuador have also legalised same-sex marriages. England and Wales After months of discussion, a same-sex marriage bill was approved by the British Parliament in July 2013 and ratified by the Queen the following day. The first same-sex marriage took place in England on 29 March 2014, and the law went into force on that day. Within the Church of England, same-sex marriages are not permitted by the legislation, which is applicable to England and Wales. [caption id=“attachment_12288222” align=“alignnone” width=“640”] LGBTQ+ activists hold a rainbow flag outside Westminster Abbey as members of the royal family attend the Commonwealth Day service, in London. AP[/caption] France In May 2013, France’s top court upheld a law permitting same-sex marriage and adoptions after the Conservative Party’s unsuccessful legal appeal. President Francois Hollande, who had been elected a year earlier, and his Socialist Party advocated for the bill’s passage. Brazil Brazil has officially recognised same-sex civil marriages since 2011 and has given these couples many of the same rights as heterosexual married couples, including pension benefits, inheritance rights, and the ability to adopt children. In 2013, Brazil legalised same-sex marriages nationwide, with over half of its states having already done so. Denmark In 1989, Denmark became the first nation in the world to grant same-sex partners the ability to register as domestic partners. In 2010, the nation also permitted legal same-sex couples to adopt children. Denmark passed a bill allowing same-sex unions later that year. Iceland Iceland’s parliament unanimously approved the legalisation of same-sex unions in 2010. The first openly lesbian head of state in history, Social Democrat Johanna Sigurdardottir, wed her longtime partner in one of the nation’s first same-sex unions shortly after the legislation was passed. Norway The law permitting same-sex unions, adoption, and state-funded artificial insemination went into force in 2009. In 2017, the Lutheran Church of Norway permitted its pastors to officiate same-sex unions. Belgium Even though same-sex relationships were given legal status in Belgium through registered partnerships in 1998, same-sex marriage was only made lawful by the Parliament in 2003. Same-sex couples were given the right to adopt children three years later. Netherlands The Netherlands began granting same-sex couples special rights relating to marriage in 1998. Two years later, in 2000, the parliament approved a bill giving people of same-sex adoption rights and broadening the definition of marriage to include them. Portugal Early in 2010, the Portuguese Parliament approved a bill permitting same-sex marriages. The statute was signed in May and became effective in June 2010 following scrutiny by the Constitutional Court. However, the law did not give same-sex couples the ability to adopt, and a law legalising adoption was not passed until 2015, following four rounds of parliamentary voting. The law also made artificial insemination easier to get. Sweden In April 2009, the Swedish Parliament passed a law making same-sex marriage permissible in both religious and civil ceremonies. Previously, same-sex couples in Sweden could only file for civil unions. Although it is not required by law, the Lutheran Church of Sweden decided to permit its clergy to perform same-sex unions in October 2009. Same-sex couples had already been granted the right to adopt in 2003 and the right to artificial insemination in 2005. South Africa The highest court in South Africa found that the nation’s marriage laws violated the equal rights provisions of the Constitution in November 2005 and granted the government a year to change the definition of marriage in the law to accommodate same-sex couples. Two weeks prior to the deadline, on 14 November 2006, Parliament passed a resolution to end the ban on homosexual marriage by a resounding majority vote of 230 to 41. Spain With a vote of 187 to 147, the Spanish Parliament approved same-sex marriage in spite of fierce opposition from conservative leaders and the Roman Catholic Church. This gave same-sex couples the ability to adopt children and file for divorce. José Luis Rodriguez Zapatero, the nation’s Socialist Prime Minister at the time, put out the legislation soon after winning office in 2004. With inputs from agencies Read all the  Latest News,  Trending News,  Cricket News,  Bollywood News,  India News and  Entertainment News here. 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