Religion and Ethics in Same-Sex Marriage Laws

• 17 Oct 2023

Recently, the Supreme Court refused to recognize the right of same-sex couples to enter into marriages or have civil unions. The Court said that the law as it stands today does not recognise the right to marry or the right of same-sex couples to enter into civil unions, and that it is up to the Parliament to make laws enabling the same.

However, it is crucial to engage this verdict within the framework of equal rights and legal protection. Every individual, irrespective of their sexual orientation, possesses the right to enter into marriage and establish a family. It is imperative that same-sex couples should enjoy identical legal rights and safeguards as their opposite-sex counterparts. The refusal to recognize same-sex marriage equates to a form of discrimination that directly affects the dignity and ability among LBTQIA+ couples.

Conversely, those who hold opposing views argue that this practice does not align with Indian culture and is, instead, an import from Western ideologies. They contend that while Europeans and Western societies may be open about such matters, it should not be promoted or permitted in India. According to this perspective, all matrimonial customs in the nation are deeply ingrained in our longstanding values and societal traditions.

Examine the ethical issues involved in balancing the principles of equal rights, individual freedom, and cultural preservation while recognising same-sex marriages in India. What measures can you suggest to address these challenges ?