India: India’s Supreme Court rejects legalization of gay marriage

India: India’s Supreme Court rejects legalization of gay marriage

Five years ago, the highest court in India ruled in favor of the LGBTQ community. That’s different now. With the latest decision, the judges have dashed great hopes.

The Supreme Court in India has rejected the legalization of gay marriage in the South Asian country. The judges argued on Tuesday that they had no authority to open marriage to everyone – that was the responsibility of Parliament. In doing so, they followed the argument of the government of the Hindu nationalist BJP party, which had previously taken a conservative stance on the issue. However, the judges also emphasized that LGBTQ people should not experience legal discrimination.

The English abbreviation LGBTQ stands for lesbian, gay, bisexual, trans and queer people. People who do not identify with the traditional role models of men and women or other norms surrounding gender and sexuality describe themselves as queer.

Community representatives who had previously had great hope were disappointed after the verdict was announced. “What are we supposed to do if there is no political will?” Sharif Rangnekar, a gay man who was waiting for the verdict outside the court, told the Indian television station NDTV. “We are not important voters.”

LGBTQ community criticizes India

Several couples had previously turned to the court to seek legal regulation in patriarchal India – the most populous country in the world. They argued, among other things, that marriage was important to them because it included important rights such as joint bank accounts, inheritance or adoption. With gay marriage, which only a few non-Western countries have, they also hoped for more recognition in society.

The LGBTQ community complains about stigmatization in Indian society. Many families do not want their children to be part of the community and let them feel this. In this sense, the government also argued that in Indian culture marriage should take place between a woman and a man. Religious leaders – Hindus, Muslims and Christians – also opposed gay marriage.

In 2018, the Supreme Court ruled in favor of the LGBTQ community. At that time, it overturned a regulation from the British colonial era that banned consensual homosexual sex.

Source: Stern

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