Traditionally, society sees marriage as the union between a man and a woman. It is how people imagine marriage should ideally work. This belief has been around for generations, with such marriages being taught and praised as essential for building productive societies, stable families, and raising children. But what about marriage equality for the LGBTQIA+ community?
The decision to marry or the desire to marry is deeply personal. Still, who a person from the LGBTQ community chooses to marry often becomes a public discussion. It is puzzling why we still need to have these conversations in this day and age. If we don’t question the legitimacy or relevance of heterosexual marriage, then we shouldn’t feel the need to do so for homosexual or queer marriages.
The journey of same-sex marriages
In 1971, Michael McConnell and Jack Baker made history with what is recognised as the first documented same-sex marriage of modern times. Following this landmark event, Denmark emerged as a pioneer in 1989 by legally acknowledging same-sex relationships. It was, albeit without extending certain rights such as adoption or joint custody of children. Notably, in 2001, the Netherlands included same-sex couples within the framework of marriage laws. Since then, a progressive step has been taken in the LGBTQ community worldwide.
Various countries hold differing perspectives on the topic of same-sex marriage. While some nations have recognised and legalised same-sex marriage, others still remain hesitant. Currently, 35 countries have legalised same-sex marriage. However, India has not yet legally accepted marriage between individuals of the same sex.
Despite numerous court cases seeking the legalisation of same-sex marriage, such unions are not yet legally recognised. In 2017, the Delhi High Court did not legalise same-sex marriage but did affirm that same-sex couples have the right to maintain stable relationships. In 2018, the Supreme Court of India overturned a colonial-era law that banned homosexuality. However, Indian society remains largely conservative.
The future of marriage rights for the LGBTQIA+ community
In a recent ruling on October 17, 2023, a majority opinion from a five-judge Constitution Bench of the Indian Supreme Court stated that non-heterosexual couples do not have an unequivocal right to marry. While all five judges acknowledged that homosexuality was not solely an urban or elitist concept, they disagreed on whether the court can compel the States to officially recognise the relationships of queer couples by granting them the legal status of a “civil union” or “marriage.”
Even though transgender individuals in heterosexual relationships are legally permitted to marry, they still encounter discrimination in various aspects of life. It includes difficulties accessing housing, healthcare, insurance, employment opportunities, and education.
The lack of legal recognition creates numerous hurdles to normalising a queer couple’s relationship in India’s bureaucratic system. For example, banks may refuse to let them open a joint account, complicating their financial affairs. Obtaining official approval for a permanent address becomes challenging, as authorities often question their relationship. Moreover, one of the biggest disadvantages is that queer couples may not have the right to make medical decisions for each other during times of serious illness.
Marriage equality for the LGBTQIA+ community: The Indian context
In India, a significant portion of society believes that queer marriages don’t fit the traditional family structure of a husband, wife, and children. Prejudice and violence against LGBTQ+ couples are still prevalent, leading to marginalisation and stigma from families, communities, and workplaces. These challenges make the recognition of queer marriage in India a long and difficult journey.
Homosexual or bisexual individuals, regardless of their sexual or gender orientation, can desire marriage, just like heterosexual individuals. According to Article 16 of the Universal Declaration of Human Rights (UDHR), everyone has the right to marry upon reaching the age of majority. Therefore, why are we excluding homosexuals and bisexuals from this right? Selectively granting rights to people goes against the Constitution. Fundamental rights are meant to be just that – rights, not privileges for heterosexual people.
Marriage equality for the LGBTQIA+ community: The final thoughts
The future of same-sex marriage seems uncertain because of the complex mix of emotions, orthodox beliefs, and current cultural norms. The hesitation from the authorities to legalise same-sex marriage may stem from the fear of losing support from the majority or upsetting the religious idea of marriage. However, the issue will continue to be amidst political and legal discussions for years. It means that achieving marriage equality for the LGBTQIA+ community might take years to be a reality. It won’t happen all at once or overnight. This slow pace of change is a disappointing reality for the LGBTQIA+ community, who deserve full equality and recognition of their rights.
Disclaimer: The views expressed in this article are based on the writer’s insights, supported by data and resources available both online and offline, as applicable. Changeincontent.com is committed to promoting inclusivity across all forms of content, which we define broadly to include media, policies, law, and history—encompassing all elements that influence the lives of women and gender-queer individuals. Our goal is to promote understanding and advocate for comprehensive inclusivity.
