Supreme Court to revisit same-sex marriage verdict on July 10
The Supreme Court will review petitions contesting its ruling on same-sex marriages from last year on July 10. In its October 2023 verdict, the court had refused to legally recognize same-sex marriages, stating that it was up to the legislature to take the necessary steps to provide such recognition. The petitions challenging the verdict will now be evaluated by a newly formed bench, following the retirement of two judges from the original five-judge panel.
Previous verdict on same-sex marriages
While the bench refused to accord legal recognition to same-sex marriage, all five judges agreed on forming a committee by the Union of India to examine rights and entitlements of queer unions without legal recognition. The court also unanimously held that queer couples have a right to cohabit without any threat of violence or interference.
Disagreement on civil unions recognition
Of the five-judge bench, Chief Justice DY Chandrachud and Justice SK Kaul supported recognizing civil unions for queer couples, but the other three judges disagreed. Furthermore, these two judges argued that same-sex couples should be able to adopt children. However, the bench disagreed on adoption by same-sex couples, ruling 3:2 against it in four separate judgments.
Petitioner's plea for queer rights protection
Following this judgment, several review petitions were filed challenging it. Udit Sood, a patent attorney and one of the petitioners, filed a plea stating that "majority judgment is facially erroneous because it finds that the respondents are violating the petitioners' fundamental rights through discrimination, and yet fails to enjoin the discrimination." He further noted that this judgment "effectively compels young queer Indians to remain in the closet and lead dishonest lives if they wish the joys of a real family."
Review petitions seek inclusive interpretation of marriage laws
The review petitions will be examined in the judges' chambers to determine if an open court hearing is necessary. These petitions are advocating for a more inclusive interpretation of marriage laws that extend to same-sex couples. Justices Sanjiv Khanna and BV Nagarathna have been appointed as replacements for the retired two justices, Sanjay Kishan Kaul and S Ravindra Bhat.
