MAJOR DECISION

India’s Supreme Court Declines to Legalize Same-Sex Marriage

But the judges did emphasize that the LGBTQ community should not be subject to discrimination.

India’s top court on Tuesday declined to legalize same-sex marriage in a landmark ruling that nevertheless emphasized that the LGBTQ community should not be discriminated against or subject to prejudice. Petitioners to the supreme court had sought legalization of same-sex marriages, but a majority of the five-judge bench ruled that it could only interpret existing laws and that it was up to parliament to make legislative changes to include queer unions. Chief Justice D.Y. Chandrachud nevertheless said queerness is a “natural phenomenon” and the government should ensure the “queer community is not discriminated against because of their gender identity or sexual orientation.” India’s ruling Bharatiya Janata Party (BJP) had opposed calls for legalization.