Supreme Court: India same-sex marriage case tests judges

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4/28/2023

As the Indian Supreme Court continues to hear petitions seeking to legalise same-sex marriage, it’s becoming evident just how complex the issue is. Earlier, lawyers for the petitioners had argued in court that marriage was a union of two people, not just a man and woman, that concepts of marriage had changed over time, and that denying them the right to marry violated the constitution. Day six of the discussion, that’s being “livestreamed in public interest”, saw Solicitor General Tushar Mehta on Thursday speaking on behalf of the government, which has strongly opposed marriage equality for the LGBTQ+ community. The government’s main contention from the start has been that only the parliament can discuss the socio-legal issue of marriage and the court has no right at all to hear the matter.

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