Published On: Wed, Nov 1st, 2023

Review petition in SC against same-sex marriage verdict

New Delhi: A review petition was filed against the Supreme Court’s refusal to grant legal recognition to same-sex marriages.

Supreme Court refused to grant legal recognition to same-sex marriages

The petition, filed in the Supreme Court by Udit Sood, one of the petitioners in the same-sex marriage case, describes the Supreme Court verdict as “self-contradictory and manifestly unjust”.

“The discrimination faced by the queer community is acknowledged in the verdict but the cause of the discrimination is not removed. The legislative choices see same-sex couples as less than human by denying them equal rights,” the review petition read.

It also said that the government’s stand shows that the respondents believe LGBTQ people are “a problem”.

“The majority judgement overlooks that marriage, at its core, is an enforceable social contract. The right to this contract is available to anyone capable of consenting. Adults of any faith or no faith may engage in it. No one group of people may define for another what ‘marriage’ means,” the petition further read.

On October 17, the Supreme Court refused to grant legal recognition to same-sex marriages, saying it was up to Parliament to make laws to enable it. In a unanimous decision by the five-judge constitution bench, the bench said that there was no fundamental right to marry.

The Supreme Court also directed the government to constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a “marriage”.

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