Legal

Same-Sex Marriage Case: How Does SC Majority Verdict Differ From Minority One

Swarajya StaffOct 17, 2023, 01:51 PM | Updated 02:13 PM IST
Supreme Court of India (Sonu Mehta/Hindustan Times via Getty Images)

Supreme Court of India (Sonu Mehta/Hindustan Times via Getty Images)


The Supreme Court on Tuesday (17 October) dismissed a batch of petitions seeking the recognition of same-sex marriages under the law.

The SC refused to recognise same-sex marriage and said it was for the legislature to do. The top court also recorded the statement of the Union that it will constitute a Committee to examine the rights and benefits that can be given to queer couples.

Earlier, CJI Chandrachud announced that there are four judgments in the case, by him, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat and Justice P S Narasimha.

Here's what the the SC judgement said in the same-sex marriage case.

The Majority Verdict

The majority verdict in the case held that there is no fundamental right to marriage.

Further, it held that there was no right to civil union and that it can only be done through laws.


It said that the same-sex couples have the right to choose their partner and held that queer couples have the right to marry.

The Minority Verdict

The minority verdict held that there was no fundamental right to marry.

It added that they have the right to a civil union.

Further, the queer couples also have the right to adopt children.

It also held that the transgender persons have the right to marry.

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