India's Supreme Court is set to hear final arguments on several petitions seeking to legalize same-sex marriage. The court has stated that the hearing will be live-streamed in public interest. Same-sex couples and LGBTQ+ activists hope for a favourable judgement, while the government and religious leaders oppose same-sex unions.
The debate is expected to be a lively one, with Chief Justice DY Chandrachud calling it a matter of "seminal importance." The court has set up a five-judge constitution bench to rule on the matter, which deals with important questions of law. This debate is significant in a country home to an estimated tens of millions of LGBTQ+ people.
Over the years, acceptance of homosexuality has grown in India, with a Pew survey in 2020 showing 37% of people saying it should be accepted. Despite this change, attitudes towards sex and sexuality remain largely conservative, and most LGBTQ+ people are afraid to come out. A favourable decision will make India the 35th country in the world to legalise same-sex union and set off momentous changes in society. Other laws, such as those governing adoption, divorce, and inheritance, will also have to be reformed.
Advocates argue that the Indian constitution gives all citizens the right to marry a person of their choice and prohibits discrimination based on sexual orientation. LGBTQ+ rights lawyer Menaka Guruswamy expressed optimism about the case, citing the December 2018 judgement that decriminalized gay sex and emphasized the right to choose of partner. Despite opposition from the government and religious leaders, Guruswamy remains optimistic about the outcome.
