Central Idea

In a recent landmark decision, the Supreme Court, led by Chief Justice of India D Y Chandrachud, deliberated on granting legal status to same-sex marriages.
This case has sparked significant interest as it explores the intersection of individual rights and societal norms.

Judicial Perspectives on Various Issues:

Issue	Minority View (CJI)	Majority View
Petitioner Argument	Marriage is not fundamentally important; It gained significance through state regulation as Civil Union.	Marriage’s importance is personal preference and social status. It is necessarily NOT a fundamental right.

Issue	Minority View (CJI)	Majority View
Framing the Issue	Cautioned against expansive interpretations; Suggested encroachment on the legislature’s domain.	Concurred with the minority view. Emphasized the SMA’s purpose for facilitating civil marriages between heterosexual couples.

Issue	Minority View (CJI)	Majority View
Discriminatory Regulations	Struck down certain CARA regulations, asserting that they do not serve the child’s best interests. Highlighted the discriminatory impact on the queer community based on their sexuality.	Acknowledged the discriminatory aspect. But believed legislative action, rather than judicial imposition, should bring about this change.

Argument	Minority View (CJI Chandrachud)	Majority View
Recognition of Civil Unions	Connected the right to form intimate associations with freedom of speech and expression. Proposed that the state should acknowledge various entitlements for such relationships.	Disagreed with prescribing a “choice” of civil unions. Suggested that the state should facilitate this choice for those who opt for it.

The Supreme Court’s decision on same-sex marriage reflects a complex interplay of legal, social, and legislative factors.
While the minority view leans towards immediate recognition of civil unions and highlights the importance of individual rights, the majority opinion emphasizes the legislative role in bringing about changes in societal norms.
The verdict underscores the evolving landscape of LGBTQ+ rights in India and the ongoing dialogue surrounding equal rights and inclusivity.