Journalism of Courage
The Supreme Court on Friday (January 6) transferred to itself a batch of petitions seeking recognition of same-sex marriages. These petitions were pending before the Delhi and Kerala High Courts. Senior advocate Menaka Guruswamy had sought a transfer of these pleas from the HCs so they could be heard by the Supreme Court directly.
A Bench headed by Chief Justice of India (CJI) D Y Chandrachud allowed the transfers. This case could be the first big intervention on LGBTQ rights after the Supreme Court read down Section 377 of the Indian Penal Code in 2018.
Here’s what happens in other countries.
According to the Human Rights Campaign, a US-based LGBTQ advocacy group, only 32 countries around the world recognise gay marriage.
In most countries that allow same-sex marriage, marriage equality was introduced by legislation. Gay marriage was recognised by a court ruling in only 10 countries.
UNITED STATES: In 2015, the US Supreme Court in a 5:4 ruling recognised gay marriage. The SCOTUS reasoned that limiting marriage solely to heterosexual couples violated the 14th Amendment guarantee of equal protection under the law.
The decision led to a nationwide legalisation of same-sex marriage. Thirty-two states had already recognised gay marriage before the ruling. In 2003, Massachusetts became the first state in the United States to legalise same-sex marriage, following a ruling by the state’s Supreme Court.
AUSTRALIA, IRELAND, SWITZERLAND: Following a nationwide referendum in 2017, Australia’s Parliament passed a law recognising same sex-marriage. The referendum showed overwhelming support — 62% to 38% — in favour of the law. In Ireland and Switzerland too, a popular vote by the majority led to a formal recognition of LGBTQ marriages.
SOUTH AFRICA: South Africa was the first African country to legalise same-sex marriages in 2006, following a decision by the highest court in the land deeming the erstwhile ‘Heterosexual-Only Marriage’ policy to be violative of the equal rights guarantee enshrined in the constitution.
TAIWAN: In 2019, Taiwan became the first Asian country to recognise same sex-marriage. The legislation was brought in following a court ruling in 2017.
ARGENTINA: In 2010, Argentina became the first Latin American country and the 10th country in the world to allow same-sex marriages nationwide. Even before a national law was passed, several cities and local units had allowed civil unions for gay couples.
CANADA: Same-sex couples in Canada have enjoyed the legal benefits of marriage since 1999 when the federal and provincial governments extended marriages under the Common Law to LGBTQ couples. Following this, a string of legislation on the subject commenced in 2003, making same-sex marriage legal in nine of Canada’s 13 provinces and territories. This was formally recognised in 2005 by Canada’s Parliament, which passed nationwide legislation to this effect.
