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Same-Sex Marriage Laws: Judicial Evolution and Cultural Acceptance

Marriage holds significant political, cultural, and sociological importance in people's lives. Recently, India's Supreme Court decriminalized Section 377 of the Indian Penal Code in the landmark Navtej Singh Johar vs. Union of India case, marking a crucial victory for the LGBT community. However, same-sex marriage remains illegal in India, raising questions about the community's fundamental rights, including the right to marry as protected by Article 21 of the Constitution.

Marriage is a fundamental human right deeply ingrained in political and cultural contexts. In India, it carries legal implications affecting inheritance and succession. Despite societal taboos, awareness about the LGBT community has increased, yet legal recognition of same-sex marriage lags.

Legality of Homosexuality

The Supreme Court's decision on Section 377 affirmed privacy rights but did not legalize same-sex marriage, leaving LGBT couples without legal or social recognition as spouses. This disparity highlights ongoing challenges despite constitutional rights to marriage.

Religious Views

Debates over same-sex marriage often hinge on religious beliefs, opposing natural law and traditional marriage norms. However, arguments against same-sex marriage raise questions about other infertile couples' rights to marry.

Rights Associated with Same-Sex Marriage

Marriage in India holds significant social and legal stature, yet same-sex couples lack the legal benefits of heterosexual marriage due to legislative gaps. This contradicts constitutional guarantees against discrimination based on gender or sexual orientation.

Important Judgements

Global legal trends show increasing recognition of same-sex marriage, contrasting with India's stance post-Section 377. Significant court cases like Obergefell v. Hodges and NALSA have advanced LGBT rights internationally.

Global Standing on Gay Marriages

Internationally, several countries have legalized same-sex marriage, yet global disparities persist with over 70 nations criminalizing homosexuality. India's stance remains contentious despite partial legal reforms.

Recommendations to Improve Same-Sex Marriage Status

Advocates propose amending secular laws like the Special Marriage Act to include LGBT rights fully. Educational campaigns are essential to change societal mindsets and ensure equal rights for all.