In Brief
The Supreme Court addressed petitions by LGBTQ+ persons seeking legal recognition of same-sex marriages and related rights. A 5-judge bench gave a splintered decision. Majority (3:2) held there is no fundamental right to marry, but queer couples have a constitutional right to form unions and live together without state interference. While the Special Marriage Act is not unconstitutional, the State must address discriminatory effects on LGBTQ+ persons in various statutory schemes through a Cabinet-level committee. Transgender persons in heterosexual relationships can marry under existing law. The judgment recognized historic discrimination against queer communities and directed police protection and social sensitization, but declined to read down marriage laws or create civil unions, leaving legislative reform to Parliament.
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